Kenyan case law

REPUBLIC v PRINCIPAL MAGISTRATE’S COURT AT GITHUNGURI & ANOTHER Exparte JAMES KAHUHA THUO & ANOTHER [2005] KEHC 39 (KLR)

✦ The court finds the charges against the applicants are not valid and issues orders of prohibition and certiorari.

REPUBLIC v PRINCIPAL MAGISTRATE’S COURT AT GITHUNGURI & ANOTHER EX-PARTE JAMES KAHUHA THUO & ANOTHER [2005] KEHC 25 (KLR)

✦ The court finds the charges against the applicants are invalid as they are based on repealed regulations and the applicants were not given a permit. The court issues an order of certiorari to remove and quash the proceedings and orders of prohibition against the Attorney General and the police.

George Kihara Ndung'u v Republic (Criminal Appeal 75 of 2005) [2005] KEHC 1865 (KLR) (8 July 2005) (Judgment)

✦ The convictions are quashed and the sentence is set aside.

BENSON LIMITED V SAVINGS AND LOAN (K) LTD [2005] KEHC 627 (KLR)

✦ The order dismissing the suit is set aside and the suit is reinstated for hearing.

In Re the Estate of James Kiptuei Chumo [2005] KEHC 2061 (KLR)

✦ Christine was the deceased's legal wife and is entitled to a half share of the estate.

Benjamin Lusweti v Republic [2005] KEHC 3155 (KLR)

✦ The appeal against the sentence is dismissed. The appellant to serve the remaining part of the sentence.

Benjamin Lusweti v Republic [2005] KEHC 2124 (KLR)

✦ The appeal against the sentence is dismissed. The appellant is ordered to serve the remaining part of the sentence.

Austin Madu v Republic [2005] KEHC 3272 (KLR)

✦ The sentences imposed by the learned trial magistrate are set aside. The court orders a fine not exceeding the applicable limits or imprisonment for a term not exceeding one year or both.

Austin Madu v Republic [2005] KEHC 1266 (KLR)

✦ The sentences imposed by the learned trial magistrate are set aside. The appellant is sentenced to serve the period already served (51/2 months) and is to be repatriated.

Benjamin Lusweti v Republic [2005] KEHC 1224 (KLR)

✦ The appeal against the sentence is dismissed. The appellant is ordered to serve the remaining part of the sentence.

Rajwani v Chief Magistrate,Law Courts Nairobi & 2 others [2005] KEHC 1794 (KLR)

✦ The applicant's preliminary objections are dismissed due to the rule of res judicata, and the application to be heard on merit is the main application seeking judicial review orders.

ESAU NYAPELA OKANGA v SELLA M. OKANGA & another [2005] KEHC 32 (KLR)

Kenya Accounts and Secretaries National Examination Board v Paul Kipkemboi Chemng’orem [2005] KEHC 1739 (KLR)

✦ The amendments are allowed as necessary to determine the real matters in controversy between the parties.

B N v L N K [2005] KEHC 354 (KLR)

✦ The court finds that there is sufficient evidence to presume a marriage between the plaintiff and defendant, dissolves the marriage, and orders the defendant to pay the plaintiff Kshs.15,000/= per month in maintenance.

Kenneth K. Mwangi v The City Council of Nairobi [2005] KEHC 2038 (KLR)

✦ The appeal is dismissed with no orders as to costs in favour of the Respondent, who was absent at the appeal. The Interested Party is awarded the costs of this appeal.

Republic v Director of Pensions Ex-Parte Charles Wanjohi Mwangi [2005] KEHC 1600 (KLR)

✦ The court dismisses the applicant's application for leave to amend the notice of motion and file the amended notice of motion out of time, finding the application to be fatally defective.

Malicha Dipa Wakoiya v Habado Halo & another [2005] KEHC 1847 (KLR)

✦ The preliminary objection is sustained, and the application fails at the threshold.

Republic v Haron Kiprotich Kipkorom [2005] KEHC 1830 (KLR)

✦ The court finds that the prosecution failed to prove the ingredients of murder and acquits the accused of the charge.

Republic v Haron Kiprotich Kipkorom (Criminal Case 46 of 2002) [2005] KEHC 1969 (KLR) (7 July 2005) (Judgment)

✦ The court finds that the prosecution failed to prove the ingredients of the charge of murder and acquits the accused

Eastern Produce (K) Ltd v James Kipketer Ngetich [2005] KEHC 2050 (KLR)

✦ The appeal is allowed, the judgment and decree set aside, and the respondent’s suit dismissed with costs.

Republic v Director of Pensions Ex-Parte Charles Wanjohi Mwangi [2005] KEHC 412 (KLR)

✦ The court dismisses the applicant's application for review with costs, finding that the applicant has been guilty of laches and the application for the order of certiorari is fatally defective.

Malicha Diba Wakoiya v Habado Haro & another [2005] KEHC 924 (KLR)

✦ The Court lacks jurisdiction to hear the application due to res judicata and the procedural defect.

Beatrice Njeri v Lawrence Njenga Kanithi [2005] KEHC 1753 (KLR)

✦ The court presumes a marriage between the plaintiff and defendant, dissolves the marriage, and orders the defendant to pay the plaintiff Kshs.15,000/= per month in maintenance.

Michael Danson Mahugu v Dilip Harakhchand & another [2005] KEHC 1458 (KLR)

✦ The court enters judgment against the second defendant on account of general damages for breach of contract in the sum of Kshs.300,000/- plus costs and interest.

Republic v Patrick Otieno Ongweso & 2 others [2005] KEHC 1952 (KLR)

✦ The accused persons are acquitted and released from custody