Kenyan case law
-
Albert Ochieng Omondi v Republic [2006] KEHC 1101 (KLR)
✦ The appeal is allowed, the conviction quashed, and the sentence set aside. The appellant is set at liberty unless otherwise lawfully held.
-
Rosebella Jerono Mudavadi v David Kariuki Waiganjo & another [2006] KEHC 1175 (KLR)
✦ The plaintiff is granted a permanent order of injunction restraining the defendants from interfering with her quiet enjoyment of the land.
-
ARISTOCRAFTS CONCRETE LIMITED v KIRINYAGA CONSTRUCTION (K) LIMITED [2006] KEHC 1794 (KLR)
✦ The defendant's preliminary objection is dismissed with costs to the plaintiff. The defendant is ordered to pay the costs of the dismissed preliminary objection assessed at Kshs 10,000 before the next hearing date of the Notice of Motion dated 17th February 2006. Failure to pay the costs will result in the defendant being denied audience at the hearing of the said Notice of Motion.
-
ALBERT KATHIGA NJERU v HOUSING FINANCE COMPANY OF KENYA LIMITED [2006] KEHC 1793 (KLR)
✦ The suit is dismissed for want of prosecution
-
ELIZABETH W. KIPNGENY v MARY KERUBO KIPNGENY [2006] KEHC 1202 (KLR)
✦ The estate should be divided among the eleven units or as proposed, 70% to the first house and 30% to the second house. The properties should be valued and distributed at a ratio of 70:30.
-
KIENZECO LIMITED v KENATCO TAXIS LIMITED (IN RECEIVERSHIP) [2006] KEHC 1802 (KLR)
✦ The court grants the plaintiff's application to deposit the deposit in a joint interest-earning account in the names of Odera Obar & Company Advocates and Nderitu & Partners, or in an escrow account in a reputable bank if the advocates are unable to agree.
-
KIPKORIR, TITOO & KIARA ADVOCATES v DEPOSIT PROTECTION FUND BOARD [2006] KEHC 1796 (KLR)
✦ The court dismissed the advocate's application, finding no basis for interfering with the taxation. The taxing officer's decision was not based on error of principle, and the fee awarded was not manifestly excessive.
-
KALPANA SHETH v LUCY MATHAI T/A SEDARE [2006] KEHC 1815 (KLR)
✦ The application is well-founded and the pleadings and documents filed by Kennedy Getanda are struck off.
-
JOSPHAT KARINGI NDEGWA v REPUBLIC [2006] KEHC 1822 (KLR)
✦ The appeal is dismissed in its entirety.
-
REPUBLIC v COMMISSIONER OF LANDS Ex-parte JAMES KIMOTHO & 6 others [2006] KEHC 1508 (KLR)
✦ The application for leave was filed before notice was issued to the registrar of the court, the substantive notice of motion was filed out of time, and the applicants have not taken any steps to have the notice of motion listed for hearing. The court will strike out the notice of motion and allow the application of the interested party.
-
MATHEW NGIGI MACHARIA & another v FRANCIS NGINGE NYOIKE [2006] KEHC 1818 (KLR)
✦ The application is dismissed with costs
-
PHAZE INDUSTRIES LTD v SHAMAN HOLDINGS LTD & 2 others [2006] KEHC 1371 (KLR)
✦ The Preliminary Objection is upheld and the plaintiff's Chamber Summons dated 30th May 2006 is struck out for being incompetent.
-
Republic v Nyandarua District Registrar; John Kiboi Wambugu (Interested Party); Simon Ndumia Kimenjui (Ex-Parte) [2006] KEHC 1075 (KLR)
✦ The decision of the District Land Registrar is quashed due to lack of jurisdiction and vagueness in determining boundaries.
-
MARSHALL T. OSANYA v MUNICIPAL COUNCIL OF MOMBASA [2006] KEHC 3431 (KLR)
✦ The court held that the defendant, Municipal Council of Mombasa, had failed to comply with the provisions of the Local Government Act, 2003, and the Mombasa City Council Act, 1994, in the manner of the provision of services to the plaintiff.
-
ALDOFO GUZZINI & Another v EMMANUEL CHARO TINGA [2006] KEHC 83 (KLR)
✦ The application for interlocutory prohibitory injunction is dismissed with costs.
-
KIBIWOTT TANUI v LAWRENCE PANYAKOO [2006] KEHC 1831 (KLR)
✦ The objections raised are dismissed with costs to the Defendant.
-
MARGARET NJERI WANJIBA v STEPHEN MACHARIA WANJIBA [2006] KEHC 1846 (KLR)
✦ The plaintiff's suit is struck out due to the preliminary objection on res judicata.
-
PRISCA ONGOCHE BULUKU v PETER OSIEKO OBOKI [2006] KEHC 1440 (KLR)
✦ The court grants the plaintiff's application for an interlocutory injunction to restrain the defendant from interfering with her sugarcane crop on the suit land until the suit is heard and determined.
-
REPUBLIC v CHAIRMAN LURAMBI LAND DISPUTE TRUBUNAL & 2 others [2006] KEHC 1425 (KLR)
✦ The decision of the Lurambi Land Disputes Tribunal is quashed, and an order of certiorari is issued to bring the decision into this court to be quashed.
-
N.J.M v M.N.M [2006] KEHC 1720 (KLR)
✦ The court finds that the respondent deserted the petitioner without cause and dissolves the marriage. The petitioner is granted custody of their son.
-
NATHAN IFEDHA OBERI v ELKANA ANAYA OBERI [2006] KEHC 1441 (KLR)
✦ The application is dismissed with no order as to costs, as the status of the registration of the land has changed and the defendant's actions were designed to defeat the court's decision.
-
DAVID EREGAI KERIO v REPUBLIC [2006] KEHC 1099 (KLR)
✦ The conviction is quashed and the appellant is set at liberty
-
PETER NJOROGE GICHII v BERNARD THIMANGU & another [2006] KEHC 1517 (KLR)
✦ The plaintiff established on a balance of probabilities that he was unlawfully shot by the police officer and thereby seriously injured. The police officer's employer, the Kenya Police, is vicariously liable.
-
KWALITY CANDIES & SWEETS LTD v INDUSTRIAL DEVELOPMENT BANK LTD [2006] KEHC 1788 (KLR)
✦ The court grants an injunction to restrain the defendant and its appointed Receiver Managers from taking over the plaintiff's assets for 90 days, provided the plaintiff pays KShs. 3.0 million within 7 days.
-
CONSOLATA ACHIENG ODONGO v REPUBLIC [2006] KEHC 1100 (KLR)
✦ The sentence is commuted to the period already served, and the appellant is hereby released from prison.