Kenyan case law

BP SHELL KENYA LIMITED & another v NYERI DISTRICT CO-OPERATIVE UNION LIMITED [2008] KEHC 1249 (KLR)

✦ The application to compromise the suit is allowed, and the suit is marked as compromised. Plaintiff No. 2 and defendant are bound by the agreement, and costs are awarded to the applicant.

REPUBLIC v TOWN CLERK, NAIVASHA MUNICIPAL COUNCIL [2008] KEHC 1589 (KLR)

✦ The protection against execution under Section 263(A) of the Local Government Act is not as absolute as the respondent suggests. The Clerk has a legal obligation to settle court judgments and decrees.

CHARLES MAINA MWANGI v REPUBLIC [2008] KEHC 2126 (KLR)

✦ The conviction and sentence are quashed due to the violation of the appellant's constitutional rights

PETER OTIENO TITO v REPUBLIC [2008] KEHC 2246 (KLR)

✦ The appeal is dismissed as the evidence against the appellant was cogent and credible, establishing his guilt beyond reasonable doubt.

JULIUS MWANGI WAWERU v REPUBLIC [2008] KEHC 2127 (KLR)

✦ The conviction and sentence are quashed due to violation of the appellant's constitutional rights

REPUBLIC v LAND DISPUTE TRIBUNAL MARAGUA & another [2008] KEHC 1444 (KLR)

✦ The tribunal exceeded its powers and the ex pate applicant's application for certiorari and prohibition is granted.

CECILIA WAIRIMU NJAGI & another v PERIS KEMUMA NYAREGA [2008] KEHC 1642 (KLR)

✦ The dismissal order is set aside, and the parties proceed to a pre-trial conference hearing with costs of Ksh.5,000 to the defendant.

Republic v Returning Officer Kamukunji & another; Mbugua (Ex parte) (Miscellaneous Civil Application 13 of 2008) [2008] KEHC 2251 (KLR) (Civ) (29 July 2008) (Judgment)

✦ The court orders the Returning Officer to tally and declare election results, the Electoral Commission to publish the elected candidate's name, and restrains the respondents from holding repeat elections.

DHIRAJ D. POPAT MANSKUHLAL D. POPAT T/A DAYALAL BHANJI & SONS & another v CHARLES MWANGI KOGONIA [2008] KEHC 1160 (KLR)

✦ The judgment is set aside, and the defendant is awarded rent arrears and costs.

MARY WAITHIRA MUIRURI v KURIA NG’ANG’A [2008] KEHC 830 (KLR)

✦ The judgment is set aside due to the defendant's and her advocate's absence during the trial.

PAUL MWANGI KAMAU v REPUBLIC [2008] KEHC 2119 (KLR)

✦ The conviction and sentence are quashed. The appellant is ordered to be released unless otherwise lawfully held.

PETER ODHIAMBO OTIENO v REPUBLIC [2008] KEHC 1988 (KLR)

✦ The appeal is allowed on sentence, and the jail term is reduced from five years to one year.

JOHN MAINA KANYI & another v REPUBLIC [2008] KEHC 2124 (KLR)

✦ The conviction and sentence are quashed and the appellants are released from custody.

DAVID KITETU KIMULI v CITY COUNCIL OF MAKUENI & another [2008] KEHC 1439 (KLR)

✦ The court held that the encroached parcel of land belongs to the plaintiff and should be returned to him.

ROSE LYDIA WAWIRA & another v REPUBLIC [2008] KEHC 2120 (KLR)

✦ The court sets aside the sentence of 3 1⁄2 years and 7 years imprisonment and substitutes a sentence of 2 years imprisonment for both appellants, to begin on 14th December 2006.

MSK v SNK [2008] KEHC 335 (KLR)

✦ The application for a temporary stay of attachment and sale of the objector's goods is granted.

CHARLES OTIENO MUOK v REPUBLIC [2008] KEHC 1526 (KLR)

✦ The conviction is upheld, and the sentence is reduced to the period already served.

NAOMI CHEGE v REPUBLIC [2008] KEHC 132 (KLR)

✦ The appeal is dismissed.

NJOKA TANNERS LTD v CATHERINE KAGWIRIA [2008] KEHC 1692 (KLR)

✦ The application to dismiss the appeal for want of prosecution is dismissed with no order as to costs. The appellant is given a last chance to fix the appeal for hearing within 10 days.

JAMES MUIRURI KIARIE v REPUBLIC [2008] KEHC 2115 (KLR)

✦ The sentence of six years imprisonment is set aside and substituted with a sentence of four years, to begin from 22nd August 2007.

JUSTUS KIRIINYA & another v REPUBLIC [2008] KEHC 2131 (KLR)

✦ The appeal is allowed, the conviction quashed, and the sentence of death set aside. The appellants are ordered to be set at liberty.

[2008] KEHC 2005 (KLR)

✦ plaintiff is entitled to Kshs 163,200/= in rent arrears with interest, and the plaintiff shall have the costs of the suit

L.I.M v D.W.G [2008] KEHC 2082 (KLR)

JOHN MAINA GITHAE v REPUBLIC [2008] KEHC 2122 (KLR)

✦ The conviction is quashed and the appellant is ordered to be released from custody.

AVRIL ATIENO ADONCIA V REPUBLIC [2008] KEHC 49 (KLR)

✦ The court finds that the applicant's constitutional rights were not violated, and the proceedings were regular. The application is dismissed.