Kenyan case law

Isaya Kefa Mwinamu v Republic [2005] KEHC 1902 (KLR)

✦ The sentence is reduced to four years on the second limb, both to run concurrently.

Republic v Jane Wanjiru Kinyua [2005] KEHC 1823 (KLR)

✦ The court finds the accused guilty of murdering Kennedy Mureithi Wanjiru and Nicholas Nderitu Wanjiru, but not guilty of murdering Anthony Kinyua Wanjiru.

NATHANIEL OKWEMBA OLUOBO v ATTORNEY GENERAL [2005] KEHC 88 (KLR)

✦ The application is allowed and the applicant is ordered to file the appeal petition within 14 days of the judgment.

Barry Kulick v Payless Car Hire and Tours Limited [2005] KEHC 2028 (KLR)

✦ The court orders a stay of execution pending the final determination of the appeal, with the balance of the security to be deposited within 21 days, and the fair sum to order as security is Kshs.300,000 comprising both principal and interest.

DOUNE FARM LTD v RICHARD SOI & 4 OTHERS & BOROP MULTI-PURPOSE [2005] KEHC 727 (KLR)

✦ The verifying affidavit is struck out, but the Plaint is not struck out.

Joseph Muindi v Co-operative Bank of Kenya Ltd & 2 others [2005] KEHC 1494 (KLR)

✦ The suit may be saved from dismissal if a reasonable explanation can be offered as to why no action has been taken to set the suit down for hearing.

Peter Ongondi v Kenya Ports Authority [2005] KEHC 1917 (KLR)

✦ The plaintiff's dismissal was neither wrongful nor unlawful.

RICARDI LUIGI v PORCONI EMILIETTA & ANOTHER [2005] KEHC 3389 (KLR)

✦ The Third Party Notice is hereby struck out with costs

David Kibet Bikir & 3 others v Republic [2005] KEHC 3255 (KLR)

✦ We quash the convictions and set aside the sentences for robbery with violence. We convict each of the appellants for the alternative charge of handling stolen property and order a custodial sentence of seven years on each count.

Republic v Chairman,Medical Laboratory Technicians & Technology Board & 2 others [2005] KEHC 3378 (KLR)

✦ The court found that the applicant was not heard before the decision to close the institute and granted the application for an order quashing the decision and prohibiting the chairman from enforcing it.

REPUBLIC v WYCLIFFE ALUBOKHO WANGA [2005] KEHC 3383 (KLR)

✦ The court grants leave to file appeal out of time and orders the appeal petition to be filed within 14 days from the date of this order

Joram Ole Tome & another v Meschack Ole Tome & another [2005] KEHC 1399 (KLR)

✦ The application is dismissed with costs to the Respondent

E.M.M v D.M.T [2005] KEHC 1998 (KLR)

✦ The court dissolves the marriage between the petitioner and the respondent, grants custody of the 2 children to the petitioner, and directs the decree nisi to issue straight away.

E.W v A.W.M (Divorce Cause 126 of 2003) [2005] KEHC 2004 (KLR) (Family) (14 July 2005) (Judgment)

✦ The marriage is irretrievably broken due to desertion by the Petitioner. The marriage is dissolved, and custody of the child is granted to the Respondent with access to the Petitioner. The Petitioner is ordered to pay monthly maintenance and school fees.

RICARDI LUIGI v PORCONI EMILIETTA & ANOTHER [2005] KEHC 3387 (KLR)

✦ The Third Party Notice is hereby struck out with costs, and the defendants are granted leave to commence afresh third party procedure within 30 days from today.

Republic v Jane Wanjiru Kinyua [2005] KEHC 3264 (KLR)

✦ The court finds the accused guilty of the murders of Nicholas Nderitu Wanjiru and Kennedy Mureithi Wanjiru, but not guilty of the murder of Anthony Kinyua Wanjiru.

Milling Corporation of (K) Ltd v Munywoki Kimulu t/a John Bosco [2005] KEHC 832 (KLR)

✦ Defendant's application is dismissed with costs to the plaintiff

Christopher Kipkorir Lebo & 331 others v Kenya Power & Lighting Co. Ltd [2005] KEHC 1926 (KLR)

✦ The court dismissed the defendant's application, finding that the issuance of the witness summonses did not violate the defendant's constitutional right to a fair hearing.

Adxcess Ltd v Communications Commissions of Kenya [2005] KEHC 1110 (KLR)

✦ The application is dismissed with costs to the Respondent. The taxing master's decision is upheld as there is no evidence that the amount of Kshs.120,000 is excessive, unreasonable, or unfair.

Bethuel Muiruri Benjamin v Development Bank of Africa [2005] KEHC 2019 (KLR)

✦ Interest should be paid to the plaintiff at an average base lending rate of 23% per annum for the period the defendant held the sum of Kshs 1,500,000.

Pitty Gathigia Baaru & another v Kenya Bus Services & another [2005] KEHC 2217 (KLR)

Republic v District Works Officer, Ministry of Roads, Public Works & Housing, Nakuru & another Ex-parte Mark Nganga Githiru [2005] KEHC 397 (KLR)

✦ The court grants the applicant's prayers to quash the decision and prohibit enforcement

JOSEPH GITAU GITHONGO V VICTORIA MWIHAKI MUNYA [2005] KEHC 3112 (KLR)

✦ The Defendant's claim for adverse possession is upheld, and the Plaintiff's suit is dismissed with costs.

Republic v Chairman Medical Laboratory Technicians and Technologists Board Ministry of Health & another [2005] KEHC 1598 (KLR)

✦ The Court finds that the applicant was not heard before the decision to close the training institute and grants the applicant's prayers to quash the decision and prohibit its enforcement.

Ricardi Luigi v Porconi Emilietta & another [2005] KEHC 1355 (KLR)

✦ The third party notice is struck out with costs, and the defendants are granted leave to commence a fresh third party procedure within 30 days.