Kenyan case law

JANE WANJIRU KAMAU v BENSON WAMAI [2008] KEHC 900 (KLR)

✦ The court finds that the plaintiff has established adverse possession over the land and enters judgment for the plaintiff.

PETER MACHARIA WAMBUGU v ALGAMA (KENYA) LTD & 2 others [2008] KEHC 3784 (KLR)

✦ The court granted the prayers for a restriction order and injunction.

MICHAEL KIMUTAI TILITEI v MARKO KIPKORIR [2008] KEHC 1709 (KLR)

✦ The application for consolidation and adverse possession is dismissed with costs to both Respondents.

JANE WANJIRU KAMAU V BENSON WAMAI [2008] KEHC 61 (KLR)

✦ The court finds that the plaintiff has been in continuous and open occupation of the suit property for 36 years and enters judgment for the plaintiff with costs.

JANE WANJIRU KAMAU v BENSON WAMAI [2008] KEHC 1438 (KLR)

✦ The court finds that the plaintiff has established adverse possession of the land and enters judgment in her favor.

ALICE MUGECHI MWICIGI v ATTORNEY-GENERAL & another [2008] KEHC 1582 (KLR)

✦ The application is incompetent and incurably defective.

MWANGI WAMBUGU V JAMES WMANGI MACHARIA [2008] KEHC 58 (KLR)

✦ The court finds that the plaintiff has proved his case on adverse possession and enters judgment for him with costs.

MWANGI WAMBUGU v JAMES MWANGI MACHARIA [2008] KEHC 902 (KLR)

✦ The court finds that the plaintiff has proved his case on adverse possession and enters judgment for him with costs.

MWANGI WAMBUGU v JAMES MWANGI MACHARIA [2008] KEHC 1443 (KLR)

✦ The court finds that the plaintiff has proved his case on adverse possession and accordingly enters judgment for him with costs of the case to the plaintiff.

KILIMANJARO CARVING EXPORTS LTD v BANK OF INDIA [2008] KEHC 1426 (KLR)

✦ The court dismissed the application as the charge was valid and the defendant was exercising its statutory power of sale in good faith.

CANOBBIO PIETRO v PRINCIPAL IMMIGRATION OFFICER & 2 others [2008] KEHC 1585 (KLR)

✦ The court will not grant the request by the interested parties to be heard at this ex-parte application stage as their request to expunge paragraphs of an affidavit is not relevant to the issue of granting or not granting the leave sought by the applicant to file Judicial Review proceedings against Government officials.

AGA KHAN HEALTH SERVICE v AINEAH LIKUYANI NJIRAH [2008] KEHC 2236 (KLR)

✦ The Plaintiff’s claim does not disclose a reasonable cause of action, and the Defendant’s application to strike out the plaint was not properly considered by the Subordinate Court.

In Re LM (a Minor) & MM (a Minor) [2008] KEHC 1966 (KLR)

✦ The court orders that the applicants be allowed to adopt the children

BEN JOSEPHAT WANJALA v REPUBLIC [2008] KEHC 1987 (KLR)

✦ The appeal is dismissed in its entirety. The conviction is safe, and the sentence is within the limits of the Sexual Offences Act.

REPUBLIC v PETER OKEMWA MASEYA [2008] KEHC 1466 (KLR)

✦ The dismissal order is set aside, and the case is reinstated for hearing before a different magistrate.

In Re Estate of Justus Ezekiel Mbogo (Deceased) [2008] KEHC 1876 (KLR)

✦ The application for review is dismissed with costs.

MOSES MURAGE GITHUI v REPUBLIC [2008] KEHC 1547 (KLR)

✦ The conviction and sentence are quashed, and the appellant is ordered to be set free.

REPUBLIC v JOSEPH ZAKAYO MAITHIA & 4 others [2008] KEHC 2213 (KLR)

✦ The court finds no prima facie case against the accused and acquits them, ordering their immediate release and compensation for unlawful detention.

REPUBLIC v JOSEPH ZAKAYO MAITHIA & 4 others [2008] KEHC 2286 (KLR)

✦ The court acquits all five accused and orders their immediate release, and declares them unlawfully detained, awarding compensation as provided by the Constitution.

RIHAL INVESTMENTS LIMITED v ELMA LIMITED [2008] KEHC 1952 (KLR)

✦ The court dismissed the plaintiff's claims.

In Re Beatrice Wangari Gathii Deceased [2008] KEHC 1745 (KLR)

✦ The application has no merit and is hereby dismissed with costs being granted to the first respondent.

In Re Estate of Soti Kigen [2008] KEHC 2080 (KLR)

JOHN WACHIRA WANGOMBE v CHARLES MUGAMBI WANGOMBE & another [2008] KEHC 2217 (KLR)

✦ The plaintiff is granted an injunction against the second defendant only, and is awarded costs of the application. The plaintiff's application for committal to civil jail is dismissed with costs to the second defendant.

MARGARET WANJUGU KINYA v DISTRICT LAND REGISTRAR NYANDARUA/ SAMBURU DISTRICTS [2008] KEHC 1908 (KLR)

✦ The application is merited and the time to file the certiorari against the District Land Registrar is extended to 30 days from the date of this ruling.

MERCY WAIRIMU WAMBUI v REPUBLIC [2008] KEHC 2211 (KLR)

✦ The Court of Appeal upheld the judgment of the Resident Magistrate, finding the appellant guilty of causing grievous harm.