Kenyan case law

CHRISTOPHER WANYOIKE NDUNG’US t/a HOTEL NOMAD KITENGELA v LYRIC INVESTMENTS LIMTIED & ANOTHER [2007] KEHC 348 (KLR)

PETER MACHARIA WANUGU v BEDAN MWANGI NJOROGE [2007] KEHC 2210 (KLR)

✦ The Appellant's Notice of Motion is dismissed with costs

CHRISTOPHER WANYOIKE NDUNG’US t/a HOTEL NOMAD KITENGELA v LYRIC INVESTMENTS LIMTIED & ANOTHER [2007] KEHC 2471 (KLR)

✦ The application is allowed, the plaintiff's suit against the 2nd defendant is struck out, and the plaintiff should pay costs of the application to the 2nd defendant.

H W T v I G W (Divorce Cause 179 of 2006) [2007] KEHC 2404 (KLR) (19 July 2007) (Judgment)

✦ Marriage dissolved on grounds of cruelty, custody granted to petitioner

ELIZABETH NJERI MWANGI v CATHOLIC DIOCESE OF EMBU [2007] KEHC 2237 (KLR)

✦ The court found that the defendant's servant was negligent in causing the accident and that the deceased's employer was not responsible for the deceased's death.

ASHIOYA & CO. ADVOCATES v BUSIA SUGAR CO. LTD & 2 OTHERS [2007] KEHC 1183 (KLR)

✦ The application is dismissed with costs to the respondents.

CHRISTINE ATIENO OCHIENG & ANOTHER v REPUBLIC [2007] KEHC 899 (KLR)

✦ The conviction is upheld, but the sentence of 7 years is set aside and substituted with a 5-year sentence.

CHRISTINE ATIENO OCHIENG & ANOTHER v REPUBLIC [2007] KEHC 2342 (KLR)

✦ The conviction is upheld, but the sentence of 7 years is set aside and substituted with a 5-year sentence.

MICHAEL OTIENO OKINYO v REPUBLIC [2007] KEHC 2362 (KLR)

✦ The appeal is allowed in respect of the malicious damage charge, and the sentence is set aside. A three-year sentence is substituted, running concurrently with the two-year sentence for stealing.

MICHAEL NDAMBIRI NDERI v REPUBLIC [2007] KEHC 1054 (KLR)

✦ Affirming the refusal to admit to bail

MICHAEL NDAMBIRI NDERI v REPUBLIC [2007] KEHC 469 (KLR)

✦ Affirming the refusal to admit to bail

DAVID OSORO OMWOYO v REPUBLIC [2007] KEHC 2341 (KLR)

✦ The appeal fails and the conviction and sentence are upheld

THOMAS KARANI GATIMU v REPUBLIC [2007] KEHC 1058 (KLR)

✦ The appeal is dismissed. The appellant is found guilty of the alternative charge. The sentence of 4 years is upheld.

MICHAEL OTIENO OKINYO v REPUBLIC [2007] KEHC 1545 (KLR)

✦ The sentence for malicious damage is set aside and reduced to three years, running concurrently with the sentence for stealing.

NARENDRA B. PATEL & SURYAKANT B. PATEL v LORIMAR APARTMENTS LTD [2007] KEHC 2186 (KLR)

✦ The court denies the Plaintiff's request for injunctive orders and orders both parties to make complete discovery and take a hearing date for the main suit.

MICHAEL JOSHUA NJUGUNA & ANOTHER v CONSOLIDATED BANK OF KENYA LIMITED & ANOTHER [2007] KEHC 3581 (KLR)

✦ The Deputy Registrar's action in signing and sealing the decree version was incorrect due to the deficiencies stated.

ELIJAH MIRA WAINAINA ALIAS ELIJAH MILLER v INTERACTIVE MEDIA SERVICES LTD [2007] KEHC 2144 (KLR)

✦ The application is granted, and the Defendant is restrained from selling ringtones from the Plaintiff's song 'NIGUTHONDEKA NJIRA' or infringing on the Plaintiff's artistic works of music/copyright until the hearing and determination of this suit.

Duncan Kioko Nzioka v Republic [2007] KEHC 3739 (KLR)

✦ The court found the evidence sufficient to support the charge of indecent assault.

KENYA COMMERCIAL BANK v DAVID GACHUIGA & 2 others [2007] KEHC 2443 (KLR)

✦ The application is dismissed with costs to the respondent.

MICHAEL JOSHUA NJUGUNA & ANOTHER v CONSOLIDATED BANK OF KENYA LIMITED & ANOTHER [2007] KEHC 787 (KLR)

✦ The Deputy Registrar's action in signing and sealing the decree version is hereby counselled. The version drawn by counsel for the Defendants is to be signed and sealed instead.

DAVID OSORO OMWOYO v REPUBLIC [2007] KEHC 895 (KLR)

✦ The appeal fails and the conviction and sentence of the lower court are upheld.

Joseph Mburu Kung’u v Republic [2007] KEHC 3771 (KLR)

✦ The Court of Appeal upholds the conviction and sentence of the appellant.

RUTH WAMBUI GICHURU v CROSSWAYS CAR HIRE TOURS & TRAVEL LTD & ANOTHER [2007] KEHC 2194 (KLR)

✦ The Defendants' Notice of Motion is dismissed. Costs of the application are ordered to be costs in the suit. A hearing date is ordered on priority basis.

CHRISTOPHER LEBO & 331 OTHERS v THE KENYA POWER & LIGHTING CO. LTD [2007] KEHC 2455 (KLR)

✦ The Court directed that the Plaintiffs' application for leave to amend the plaint be heard first, and the Defendant is given leave to file and serve its Replying Affidavit and grounds of opposition within 30 days.

PAUL MUNENE NDEGE v REPUBLIC [2007] KEHC 1091 (KLR)

✦ The conviction is upheld, and the appeal is dismissed.