Kenyan case law

JAMES KAMULA MBEVO v SABINA OMBORI [2012] KEHC 1711 (KLR)

JOSPHAT NGANGA GIKURU V PETER NJENGA KIMANI [2012] KEHC 2040 (KLR)

✦ The court grants the applicant's prayer for an order of injunction

RAMESH NARAN PATEL V ATTORNEY GENERAL & ANOTHER [2012] KEHC 2033 (KLR)

✦ The court sets aside the award of Ksh 400,000/= made by the learned Taxing Officer and substitutes therefor the sum of Ksh 210,000/= as instruction fees, and disallows any fees in respect of the item on Getting Up.

COSMOS HOLIDAYS PLC V DHANJAL INVESTMENTS LIMITED [2012] KEHC 2027 (KLR)

✦ Grant an order of injunction restraining the petitioner from intermeddling with the estate and disposing off 71/2 acres of the suit property pending the hearing and determination of the other issues

RICHARD KIPNGETICH KENDUIWA V REPUBLIC [2012] KEHC 1753 (KLR)

✦ The court finds the accused not guilty of murder and directs his immediate release.

JOYCE MUKULU KILONZO V BERNARD KILONZO KATIKU [2012] KEHC 1706 (KLR)

✦ The affidavit filed by M/s Nzei & Company Advocates on 5th July 2012 is deemed properly on record. The defendant will pay the plaintiff throw away costs of the application for directions filed by M/s Andrew Makundi & Company Advocates on 4th July 2012, assessed at Kshs.3,000/=. The costs are to be paid within ten (10) days from today.

JUSTINE BAGUNA MATALEMWA V REPUBLIC [2012] KEHC 1765 (KLR)

✦ Anticipatory bail granted, but bail is spent and cannot provide lifelong immunity. Charges in Nakuru have been dropped and will not be pursued.

JACKSON WAMBUA KITUA & 2 others v REPUBLIC [2012] KEHC 1579 (KLR)

✦ Convict the appellants for malicious damage to property contrary to section 339(1) of the Penal Code, commute the sentence to the term served.

PREMIER BAG AND CORDAGE LTD V NATIONAL IRRIGATION BOARD [2012] KEHC 5896 (KLR)

✦ The court denied the application for a stay of proceedings and ordered the Defendant to pay the auctioneer's costs.

LAKE NAIVASHA FRIENDS OF THE ENVIRONMENT V ATTORNEY GENERAL & 2 OTHERS [2012] KEHC 2056 (KLR)

✦ The court finds the petitioner has locus standi and the plan was developed with public consultation, thus no violation of constitutional rights.

BERNARD ONDIEKI MOSETI & 5 OTHERS V CHENGDU GUANGLING KENYA COMPANY LIMITED & ANOTHER [2012] KEHC 5928 (KLR)

✦ The application is granted, and the plaintiffs are enjoined from the defendants.

ENDONYO KETE KUTO GROUP RANCH V MURIKEVEN OLOLMAINTANY & 428 OTHERS [2012] KEHC 2118 (KLR)

✦ An injunction order is granted restraining the Defendants from selling, disposing, or dealing with the suit lands pending the hearing and determination of the Plaintiff's suit.

JOEL MUTEMI KIVANGU V SAIKO LEKERESIE & ANOTHER [2012] KEHC 5504 (KLR)

✦ The Plaintiff's claim for damages is dismissed.

REPUBLIC V DIRECTOR OF PUBLIC PROSECUTION & ANOTHER EX-PARTE CYRUS CHEBOI ROTICH [2012] KEHC 2050 (KLR)

✦ The applicant has not demonstrated entitlement to the orders sought and the application is dismissed.

MUSA KIPROTICH KITILIT V REPUBLIC [2012] KEHC 876 (KLR)

✦ The conviction is quashed and the sentence set aside. The court declines to order a retrial.

MUTHUI MWANGANGI v REPUBLIC [2012] KEHC 1538 (KLR)

✦ The appeal is dismissed in its entirety.

Republic v Harrison Makau Muthama [2012] KEHC 1960 (KLR)

✦ The court sentences the accused to serve six (6) years imprisonment.

APEX FINANCE INTERNATIONAL LIMITED & another v KENYA ANTI-CORRUPTION COMMISSION [2012] KEHC 2042 (KLR)

✦ The court dismissed the application and ordered the proceedings to be struck out with costs to the respondent.

REPUBLIC V MINISTER FOR HEALTH & ANOTHER EX-PARTE AVENUE HEALTHCARE LIMITED [2012] KEHC 5914 (KLR)

✦ The court held that an order of mandamus should not be issued, as the legislature did not intend to include superfluous provisions and the use of the word 'shall' in the statute does not always mean an act is obligatory.

MWANGI KIMANI V FELIX MUREITHI KARIUKI [2012] KEHC 2038 (KLR)

✦ The appeal is not dismissed, and the court directs the Deputy Registrar to trace the lower court file and mention the matter in a month's time.

ERIC WANUPI V REPUBLIC [2012] KEHC 800 (KLR)

✦ The appeal is allowed, conviction and sentence are quashed, and the appellant is ordered to be set at liberty.

O. K. J. V S. W. M [2012] KEHC 2068 (KLR)

✦ The court dissolved the marriage and granted the divorce.

ABRAHAM MWANGI WAMIGWI V SIMON MBIRIRI WANJIKU & ANOTHER [2012] KEHC 5479 (KLR)

✦ The application for transfer of the suit from the Chief Magistrate's Court to the High Court is dismissed with costs.

BOAZ WANYONYI WANJALA v REPUBLIC [2012] KEHC 1246 (KLR)

✦ The conviction is quashed and the sentence set aside. The Appellant is released forthwith, unless otherwise lawfully held.

REPUBLIC V MICHAEL OTIENO ODIPO [2012] KEHC 1672 (KLR)

✦ The court finds the accused not guilty of murder and acquits him.