Kenyan case law

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

Republic v Wycliffe Alubokho Wanga [2005] KEHC 3160 (KLR)

✦ The application is allowed and the applicant is granted leave to file appeal out of time. The Petition of Appeal shall be filed within 14 days from the date of this order.

Republic v Tomno (Criminal Case 158 of 2004) [2005] KEHC 3391 (KLR) (Crim) (14 July 2005) (Judgment)

Milling Corporation of (K) Ltd v Munywoki Kimulu t/a John Bosco [2005] KEHC 3278 (KLR)

✦ The application is dismissed with costs to the plaintiff

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.

Richard Kariuki Nderitu v Republic [2005] KEHC 2227 (KLR)

✦ The appeal is dismissed in its entirety. The sentence is enhanced from five years to ten years with hard labour.

Anne Muthoni Mwangi v Vijay Morjaria [2005] KEHC 1695 (KLR)

✦ The appeal is dismissed with costs. The conditional stay of execution is upheld, and the applicant is required to provide security in the same terms as the trial court.

PEARL HOLDINGS LTD V ELI ALON [2005] KEHC 552 (KLR)

✦ The defendant was not a trespasser and was entitled to the prayers sought in the plaint.

Elijah Kogi Dichaga & 2 others v Samwel Munyua Gichaga [2005] KEHC 3351 (KLR)

✦ The award by the panel of elders is set aside due to lack of jurisdiction and corruption. The suit is to be reheard by the subordinate court.

Moses Mathu Kimani v Republic [2005] KEHC 3310 (KLR)

✦ The appeal is dismissed, and the sentence of 8 years imprisonment with hard labour is maintained.

Njau Njeri Farugu v Republic [2005] KEHC 2226 (KLR)

✦ The conviction is quashed and the appellant is set at liberty

REPUBLIC V MARY WANJIRU NJUGUNA & GEOFFREY MUCHOKI NYAMBURA (Criminal Case 200 of 2003) [2005] KEHC 496 (KLR) (Crim) (13 July 2005) (Ruling)

✦ The court finds that there is no available direct evidence that the accused persons killed the deceased. The court records a finding of 'NOT GUILTY' in respect of both accused.

Patrick Okumbi Ochanja & 3 others v Republic [2005] KEHC 1190 (KLR)

✦ The appeals are allowed, the convictions quashed and the sentences set aside. The appellants are ordered discharged and released from prison.

Richard Kariuki Nderitu v Republic [2005] KEHC 3313 (KLR)

✦ The appeal is dismissed in its entirety. The sentence is enhanced to 10 years imprisonment with hard labour.

Andrew Ouko v Kenya Commercial Bank Ltd & 3 others [2005] KEHC 1475 (KLR)

✦ The Plaintiff's application for stay of the ruling of 30th May 2005 has no merit and is dismissed with costs to the Defendants.

Republic v Livingston Litaywa [2005] KEHC 1977 (KLR)

✦ The accused is acquitted due to lack of evidence.

Arrow Hi-Fi (E. A.) Limited v S. G. Mbaabu & E. A. Begi T/A Mbaabu & Co. Advocates & 3 others [2005] KEHC 2085 (KLR)

✦ The application is dismissed.

Lilian Waithera Gachuhi v David Shikuku Mzee [2005] KEHC 362 (KLR)

✦ Application dismissed. The case should go to trial through tendering of evidence by all parties.

DAVID LIVINGSTONE OYIEKO v SIMON KIPRONO SIELE [2005] KEHC 297 (KLR)

✦ The court dismissed the plaintiff's application for reinstatement.

Lilian Waithera Gachuhi v David Shikuku Mzee (Civil Case 10 of 2003) [2005] KEHC 1890 (KLR) (13 July 2005)

✦ Application dismissed. Case should go to trial.

Moses Mathu Kimani v Republic [2005] KEHC 3252 (KLR)

✦ The appeal is dismissed, and the sentence of 8 years imprisonment with hard labour is maintained.

Naomi Muthoni Koileken v Republic [2005] KEHC 1953 (KLR)

✦ The court found the accused guilty but insane and ordered her to be kept in prison custody pending further orders.

Republic v Patrick Wafula Kati & another [2005] KEHC 1951 (KLR)

✦ The order of forfeiture of the cash bail is set aside and the first accused is directed to present himself before any other Magistrate other than Mr. S.G. Sogomo (R.M) to show cause why the cash bail should not be forfeited.

Lucy Njoki Chege v James Macharia Kungu t/a Marsh Transporters & another [2005] KEHC 1470 (KLR)

✦ The plaintiff failed to prove his case on a balance of probabilities and the suit is dismissed.

Philip K. Langat v Republic [2005] KEHC 1187 (KLR)

✦ The sentence is commuted to the period already served, two years and three months.