Kenyan case law

MATESO JUMA v REPUBLIC [2006] KEHC 1624 (KLR)

✦ The appeal is allowed, the conviction quashed, and the sentence set aside. The appellant is set free unless otherwise lawfully held.

In Re the Estate of Sebastian Karanja Macharia (Deceased) [2006] KEHC 1762 (KLR)

✦ The application is granted, and the respondent is ordered to allow the applicant ingress into and possession of her matrimonial house pending the hearing and determination of the succession case.

REPUBLIC v NON-GOVERNMENTAL ORGANISATIONS COORDINATION BOARD & another Ex-parte NORWEGIAN PEOPLE’S AID [2006] KEHC 1936 (KLR)

✦ The Court finds for the Applicant and grants the prohibition order.

ELDORET STEEL MILLS LTD v PETER NYAATA MIRANGA [2006] KEHC 1819 (KLR)

✦ The appeal is dismissed. The trial Magistrate's finding of negligence is upheld, and the plaintiff is awarded general damages.

KEPHAH MAINA WANGAI t/a KEPHAH CONSULTANCY v DONWOODS COMPANY LIMITED [2006] KEHC 1873 (KLR)

✦ The court found that the defendant's denial of indebtedness was valid and that the plaintiff is not estopped from claiming any sum in excess of Kshs 3,980,172.

MURYANI NYANJE v REPUBLIC [2006] KEHC 3491 (KLR)

✦ The appeal is allowed to the extent that the sentence is reduced to twelve years imprisonment with hard labour. The four strokes of the cane are set aside.

REPUBLIC v CHAIRMAN KIGUMO DIVISION LAND DISPUTES TRIBUNAL & another [2006] KEHC 1787 (KLR)

✦ The court grants the applicant leave to file a further affidavit subject to it being limited to new issues raised in the replying affidavit and filed within 14 days.

CITYLINK TELECOM LIMITED v KENYA COMMERCIAL BANK LIMITED & another [2006] KEHC 1872 (KLR)

✦ The court dismisses the suit against the 1st defendant for want of prosecution and awards costs to the 1st defendant

Agricultural Finance Corporation & another v Drive-In Estate Development Ltd [2006] KEHC 1863 (KLR)

✦ The court upholds the decision of the lower court.

HOUSING FINANCE COMPANY OF KENYA LIMITED v GEORGE GIKUBU MBUTHIA (Civil Suit 162 of 2006) [2006] KEHC 1870 (KLR) (10 July 2006)

✦ The defendant's amendment to join a 2nd defendant without leave is not valid.

ELECTRO AIR SYSTEMS LIMITED v JOE KIMANI NGACHA & another [2006] KEHC 1871 (KLR)

✦ The court granted the plaintiff leave to join Jipsy Civil and Building Contractors Limited as a defendant.

REPUBLIC v JUSTUS OPONDO OWUOR [2006] KEHC 1610 (KLR)

✦ The court finds no sufficient evidence to convict the accused of murder and acquits him.

Mburu v Gakuha & another (No 4) (2008) 3 KLR (EP) 253 [2006] KEHC 3494 (KLR)

SHEILA MAPENZI SAIDI v JULIUS KIPKETER & another [2006] KEHC 1812 (KLR)

✦ The court disallows the plaintiff's application and dismisses it with costs to the defendants.

JOHN NJOGU WARURU v WILLY KIPKURUI CHERUIYOT (Probate & Administration 80A of 1999) [2006] KEHC 1890 (KLR) (7 July 2006)

✦ The consent order was irregular for want of representation and the applicant's orders are granted.

REDBULL GROUP LIMITED v RENT MANAGEMENT LIMITED & 2 others [2006] KEHC 1816 (KLR)

✦ The lease has been determined and the plaintiff is entitled to the immediate delivery of the suit premises.

PANIAN OLE MOTUA & 3 others v REGISTERED GROUP REPRESENTATIVES KIMANA TIKONDO GROUP RANCH [2006] KEHC 1845 (KLR)

✦ The court declines to strike out the plaintiffs' suit due to the defect in the verifying affidavit, as it does not prejudice the defendant in any fundamental respect.

In Re YA (Infant) (Adoption Cause 161 of 2004) [2006] KEHC 1786 (KLR) (Family) (7 July 2006) (Judgment)

✦ The applicants are granted permission to adopt the infant

REPUBLIC v STOYANANAVIC MILLAN [2006] KEHC 463 (KLR)

✦ The tape recording is not admissible in evidence due to the lack of a clear chain of custody and the potential for the tape to be tampered with or lost.

PLAYFAIR ENTERPRISES LTD v PRINCELY HOUSE LTD [2006] KEHC 1824 (KLR)

✦ The application is dismissed with costs to the Respondents

JACQUILINE MUGANA v DOREEN TERAH [2006] KEHC 1768 (KLR)

✦ The court finds the Preliminary Objection fails but awards costs to the Defendant and orders the Plaintiff to serve the filed copy of the Plaint and summons to enter appearance.

RIFT VALLEY BOTTLERS LIMITED v STEPHEN KAMAU KIRUNGA [2006] KEHC 1889 (KLR)

✦ The suit is reinstated and heard on the merits, with the plaintiff bearing the costs thrown away.

REPUBLIC v RIFT VALLEY PROVINCE LAND DISPUTES APPEALS COMMITTEE & 8 others Ex-parte JOHN KIPTOO ARUSEI & 625 others [2006] KEHC 1826 (KLR)

✦ The Appeals Committee lacked the relevant jurisdiction to deal with the matter and its decision was null and void ab initio.

ARTHUR K. APUNGU v TELKON KENYA [2006] KEHC 1817 (KLR)

✦ The Plaintiff has no legal or equitable interest in the company house to warrant an injunction being granted against his eviction. The restraining orders and mandatory injunction sought in prayer 5 of the application cannot issue. The application is refused and dismissed with costs.

JOHN NGATIA KARAGU & 2 others v MWIKI COMPANY LTD [2006] KEHC 1843 (KLR)

✦ Application to strike out the defendant's defence is dismissed.