Kenyan case law

LEDISHAH J.K. KITTONY & COMPANY ADVOCATES v BARNABAS TENDENEI [2010] KEHC 2171 (KLR)

✦ The application is dismissed for being without merit.

HARUN THUNGU WAKABA v ATTORNEY GENERAL [2010] KEHC 2226 (KLR)

REPUBLIC v AMOS W. WEPUKHULU & 3 OTHERS [2010] KEHC 2200 (KLR)

✦ The prosecution proved the offences beyond reasonable doubt. The appeal is successful, and the orders of acquittal are set aside in favor of conviction.

REPUBLIC v STEPHEN CHEPYATOR & FOUR OTHERS [2010] KEHC 2190 (KLR)

✦ The court finds the evidence of PW4 unreliable and concludes that there is insufficient evidence to support the charge of murder. The accused are acquitted.

JAMES GITONGA M’MULUU v REPUBLIC [2010] KEHC 1728 (KLR)

✦ The conviction and sentence are quashed, and the appellant is set at liberty.

DICKSON SUNDWA v REPUBLIC [2010] KEHC 2174 (KLR)

✦ The Petitioner's constitutional rights were violated by the State through Kimilili Police Station. The criminal proceedings are void ab initio due to the violation of the Petitioner's rights.

JOHN MUHORO MWANGI v JAMES KAMAU MWANGI & ANOTHER [2010] KEHC 1985 (KLR)

✦ The appeal is dismissed with costs to the respondent

JAMES MAINA MAGARE & another v REPUBLIC [2010] KEHC 1750 (KLR)

✦ Convictions for attempted robbery upheld. Convictions for possession of firearms and ammunition and possession of ammunition quashed.

ESTHER CHERONO CHENDU v NAKURU LAND DISPUTES TRIBUNAL & 2 OTHERS [2010] KEHC 1603 (KLR)

✦ The application is fatally defective and is struck out with costs to the Interested Party.

NJIRU MWAURA vs JOHN MUNYI NJAGI [2010] KEHC 1971 (KLR)

✦ The Appeal is incompetent and dismissed with costs to the Respondent.

REPUBLIC v MUNICIPAL COUNCIL OF GARISSA [2010] KEHC 2027 (KLR)

✦ The Notice of Motion dated 15.07.09 lacks merit and is dismissed with costs to the Respondent and interested party.

REPUBLIC vs MUNICIPAL COUNCIL OF GARISSA & ANOTHER [2010] KEHC 2253 (KLR)

✦ The Notice of Motion dated 15.07.09 lacks merit and is dismissed with costs to the Respondent and interested party.

JOSEPH NYAGA NDUNGU v REPUBLIC [2010] KEHC 1605 (KLR)

✦ The sentence of 20 years imprisonment is set aside and the appellant is sentenced to life imprisonment.

REPUBLIC v LOBOO LENAIGERO [2010] KEHC 1265 (KLR)

✦ The accused is found guilty of manslaughter

BOBMIL INDUSTRIES LTD & Another v KENNEDY INDAKWA ESHITENI [2010] KEHC 1627 (KLR)

✦ The accident was solely caused by the 2nd appellant and the 1st appellant is vicariously liable. The award of Kshs.479,050/= will be substituted with Kshs.384,150/=. Costs of the appeal and the trial are awarded to the respondent.

ALI ABDALLA MANENO v REPUBLIC [2010] KEHC 1730 (KLR)

✦ The conviction is unsafe and the appeal is allowed. The conviction and death sentence are quashed, and the appellant is ordered to be released.

PETER MAINA WAIGWA v KAMAU THUKU GAKERE [2010] KEHC 1629 (KLR)

✦ The court held that the appellant was not employed as a machine operator and dismissed his claim for negligence.

JOSEPH NYAGA NDUNGU v REPUBLIC [2010] KEHC 1540 (KLR)

✦ The sentence of 20 years imprisonment is set aside and the appellant is sentenced to life imprisonment.

JULIUS SAITOTI v REPUBLIC [2010] KEHC 1758 (KLR)

✦ The appeal is allowed, the conviction is quashed, and the sentence is set aside.

EMERG. INVESTMENT LTD v LABAN RUTO & 9 OTHERS [2010] KEHC 1095 (KLR)

✦ The defence is struck out as groundless and frivolous.

PETERSON KAMAU MUTO & ANOTHER vs EMBU WEST DISTRICT TRIBUNAL [2010] KEHC 1895 (KLR)

✦ The Tribunal did not have jurisdiction to deal with the land belonging to a deceased person and to order the Land Registrar to remove a caution.

JOHN MWAURA NDIHO & 3 OTHERS v LAWRENCE YEGO & 3 OTHERS [2010] KEHC 4163 (KLR)

✦ The court dismisses the plaintiffs' claims due to lack of jurisdiction.

MAY FLOWER LIMITED v DORIS NYACHERA MACHABA [2010] KEHC 1602 (KLR)

✦ The court finds that the respondent was injured at her place of work and reduces the award of damages from Kshs.110,000 to Kshs.30,000 in general damages and Kshs.2,500 in special damages.

DICKSON OTUNDO v REPUBLIC [2010] KEHC 1087 (KLR)

✦ The appeal is dismissed as there was sufficient evidence and the sentence was not harsh.

ATHUMAN TSUMA ZUMA & another v REPUBLIC [2010] KEHC 1751 (KLR)

✦ The 1st Appellant's conviction is quashed due to a defect in the charge sheet. The 2nd Appellant's conviction is upheld, but the sentence is reduced from 10 years to 5 years.