Kenyan case law

ELIZABETH MARY KENDALL v THOMAS MWINZA MANGI [2010] KEHC 1678 (KLR)

✦ The defendant is restrained from alienating, transferring, selling, disposing, registering in his own name or in any other way interfering with the suit property and ordered to give vacant possession of the suit property pending the hearing and determination of the suit.

BERESI KERUBO NYAMBOKI v NYAKUNDI OGOTI [2010] KEHC 942 (KLR)

✦ The appeal is allowed, and the default judgment is set aside

MACHARIA MUREU v REPUBLIC [2010] KEHC 1006 (KLR)

✦ The conviction and sentence are quashed and set aside due to the breach of the appellant's constitutional rights.

Basil Criticos (alias Basil Vassilis Criticos) v Agricultural Finance Corporation [2010] KEHC 1391 (KLR)

✦ The court finds that the charge is valid and the plaintiff has not made any payments since 1990. The court grants an injunction restraining the defendant from interfering with the plaintiff's property, but with conditions. The plaintiff must deposit Ksh.14,185,000 in an interest-earning account within 30 days, and the parties are directed to complete discovery and set the matter for hearing.

Sirat v Abdirahman & 2 others (Petition 15 of 2008) [2010] KEHC 2287 (KLR) (16 July 2010) (Judgment)

✦ The court finds that the election conducted in Wajir South constituency in 2007 was not transparent, free and fair. The election and results are declared null and void. The 1st respondent was not validly elected as a Member of Parliament of Wajir South constituency.

OLOOLOLO GAME RANCH LIMITED v COUNTY COUNCIL OF TRANSMARA [2010] KEHC 882 (KLR)

✦ The application is dismissed with costs to the respondent.

AFRIC PAK INTERNATIONAL LTD v JARED ODHIAMBO ODERO [2010] KEHC 4068 (KLR)

✦ The appeal is allowed, the orders of the trial magistrate are set aside, and the suit is dismissed with costs to the appellant

National Bank of Kenya Limited v Steve Onyango Omolo [2010] KEHC 1475 (KLR)

✦ The court dismissed the defendant's application for costs, finding that the defendant did not provide a plausible reason for the court to exercise its discretion to award costs.

NYABUTO OBED ROBERT v REPUBLIC [2010] KEHC 383 (KLR)

✦ The appeal is dismissed as the sentence was not manifestly excessive and the grounds raised do not warrant interference.

JANE .A. AMOLO v SOUTH NYANZA COMPANY LIMITED [2010] KEHC 379 (KLR)

✦ The appeal is dismissed with costs to the respondent.

Nancy Njoki Kinyanjui v Equity Bank Limited [2010] KEHC 1379 (KLR)

✦ The plaintiff's application for injunction is disallowed with costs to the defendant.

REPUBLIC v COMMISSIONER OF LANDS & ANOTHER Ex-PARTE KENNEDY BOSIRE GICHANA [2010] KEHC 220 (KLR)

✦ The preliminary objections raised by the interested party are dismissed with costs to the applicant.

MUSYOKI MUTAVI v REPUBLIC [2010] KEHC 1963 (KLR)

✦ The conviction is quashed and the sentence is set aside.

REPUBLIC v EKERENYO LAND DISPUTES TRIBUNAL & 2 OTHERS [2010] KEHC 219 (KLR)

✦ The court upheld the award of the Ekerenyo Land Disputes Tribunal and denied the application for an order of prohibition.

CRYSTAL HILL LIMITED & ANOTHER v BEMUDA HOLDINGS LIMITED [2010] KEHC 1384 (KLR)

✦ The application to stay the suit pending arbitration is dismissed, and the temporary injunction is upheld.

REPUBLIC v MOSOCHO LAND DISPUTES TRIBUNAL [2010] KEHC 221 (KLR)

✦ The Notice of Motion is dismissed with costs

PRINSAL ENTERPRISES LTD v BENEDICT OKOTH ONGANGO [2010] KEHC 935 (KLR)

✦ The appeal is dismissed with costs to the respondent

CHRISTOPHER KINYUUTI MAOUNDU (T/A MASAKU EAST END SERVICE STATION) v SHELL & BP (MALINDI) KENYA LIMITED [2010] KEHC 1956 (KLR)

✦ The plaintiff's claims in the present suit are barred by the doctrine of res judicata and the suit is struck out with costs to the defendant.

MOHAMED JUMA SALAA & ANOTHER v B.A.O [2010] KEHC 371 (KLR)

✦ The appeal is dismissed with costs to the respondent.

In Re Estate of AGNES NYANSIABOKA MIRORO (DECEASED) [2010] KEHC 353 (KLR)

REPUBLIC v HASSAN JAMA HALEYS alias HASSAN JAMAL & 5 OTHERS [2010] KEHC 1688 (KLR)

✦ The trial court's order is quashed, and the Attorney General is not required to provide legal representation for the accused

CORNER GARAGE & SPRAYING WORKS LTD v MILKAH WANJA WAIREGI [2010] KEHC 1645 (KLR)

✦ The application is dismissed with costs

PLY & PANELS LIMITED v WELLINGTON W. LUTTA [2010] KEHC 1600 (KLR)

✦ The appeal is dismissed with costs, and the decretal sum of Kshs.101,500/= is released to the respondent.

ENOCK OGECHI KWENDO v REPUBLIC [2010] KEHC 1403 (KLR)

✦ The appeal is allowed only on the sentence to run concurrently, and the appeal against conviction is dismissed.

DANIEL MURIUKI v REPUBLIC [2010] KEHC 2032 (KLR)

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