Kenyan case law

ROSALIA KITHUNI NGARE v SILAS GATOBU KABUTURA [2007] KEHC 2458 (KLR)

✦ The suit is time-barred and the objection is upheld, the entire suit is struck out with costs to the defendant.

REPUBLIC v NAHASHON MURUNGI M’ITAYA [2007] KEHC 2500 (KLR)

✦ The appeal is allowed, and the respondent is found guilty of assault causing grievous harm.

ELIZABETH NDIMI M’RINGERA & another v JENIFFER KARAMBU [2007] KEHC 2017 (KLR)

✦ The court orders the applicant to file her objection, answer to the petition, and cross petition within 30 days from the date of this order.

ELIZABETH NDIMI M’RINGERA & another v JENIFFER KARAMBU [2007] KEHC 2000 (KLR)

✦ The court orders the applicant to file her objection, answer to the petition, and cross petition within 30 days from the date of this order.

M’IMPWII M’IKIUGU v CATHERINE NKIROTE M’ARIMI & another [2007] KEHC 1814 (KLR)

✦ The grant is revoked

REPUBLIC v MISHECK MUYURI [2007] KEHC 2452 (KLR)

✦ The court dismissed the appeal and found that the trial magistrate properly directed itself in dismissing the case under Section 202 of the CPC, as the respondent was entitled to a fair and speedy trial.

RATILAL SANGANI v KAMAL S. GIDDIE [2007] KEHC 2509 (KLR)

✦ The application is dismissed with costs to the respondent and against the applicant.

ADOPT A LIGHT v NAIROBI CITY COUNCIL [2007] KEHC 1886 (KLR)

✦ The application for contempt was dismissed as the defendant was not driven from the judgment seat on the bare allegation of the appellant unless and until it had been established by credible evidence that the respondent had indeed committed a contempt of court.

REPUBLIC v CHONDA MWERO & ANOTHER [2007] KEHC 1642 (KLR)

✦ The court finds that the prosecution has not made out a prima facie case to require the accused to defend themselves and acquits them.

JOSEPH GATHIRWA v EAST AFRICAN PORTLAND CEMENT CO. LTD [2007] KEHC 2196 (KLR)

✦ The application to dismiss the Defendant's application for want of prosecution is dismissed with costs.

KALUME NGALA KALUME v REPUBLIC [2007] KEHC 842 (KLR)

✦ The court upholds the appellant's conviction for theft by servant and dismisses the appeal.

ADOPT A LIGHT v NAIROBI CITY COUNCIL [2007] KEHC 2277 (KLR)

✦ The application was dismissed as the defendant had not committed contempt of court and the procedure followed was not in accordance with the Civil Procedure Rules.

Arthur Mbati Iyadi v Cletus N. Wamalwa [2007] KEHC 3149 (KLR)

✦ The court dismissed the defendant's motion

REPUBLIC v THOMAS PATRICK GILBERT CHOLMONDELEY [2007] KEHC 2713 (KLR)

✦ The accused has been found guilty of murder.

NEMWEL NYASAGARE NYANARO v HENRIETA MORAA [2007] KEHC 2475 (KLR)

✦ The Court does not see how moving the case to Thika can be for the best interest of the child. The case should remain in Eldoret.

ANNE NDUNGE NZIOKA v KENYATTA NATIONAL HOSPITAL [2007] KEHC 2206 (KLR)

✦ The application is dismissed with costs.

ARTHUR MBATI IYADI v CLETUS N. WAMALWA [2007] KEHC 872 (KLR)

✦ The application to set aside the proceedings is successful, and the proceedings are expunged from record.

MARIA WAIRIMU MUHORO v FRANCISCA MATOLO KAMANTHE [2007] KEHC 1949 (KLR)

✦ The court ruled in favor of the petitioner.

NEMWEL NYASAGARE NYANARO v HENRIETA MORAA [2007] KEHC 416 (KLR)

✦ The application for transfer of the case to Thika Children's Court is denied. The case will remain in Eldoret Children's Court.

MARIA WAIRIMU MUHORO v FRANCISCA MATOLO KAMANTHE [2007] KEHC 2902 (KLR)

✦ The court ruled in favor of the petitioner, Maria Wairimu Muhoro, in the distribution of the deceased's estate.

DANIEL MBURUGU v STANLEY K. MWITHIMBU (Civil Appeal 59 of 1997) [2007] KEHC 2465 (KLR) (24 July 2007) (Ruling)

✦ The application is dismissed, and the Ruling in HCCA 61/97 is placed as part of the record in this appeal.

EVANS KAMAU WANGARI & ANOTHER v REPUBLIC [2007] KEHC 2654 (KLR)

REPUBLIC v MARTIN NYONGESA WEFWAFWA [2007] KEHC 2059 (KLR)

✦ The application for adjournment is denied, and the accused is discharged and set at liberty.

JOHN MELTI OKINDA v STEPHEN NDIEMA & 4 0THERS [2007] KEHC 843 (KLR)

✦ The 5th defendant has established a prima facie case, but the court is unable to ascertain the terms of the Agreement for sale. The plaintiff has failed to prove a prima facie case.

JULIUS MWORIA v STANLEY K. MWITHIMBU [2007] KEHC 2463 (KLR)

✦ The Appeal is dismissed for want of prosecution due to lack of proper directions under Order XLI Rule 8B.