Kenyan case law

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.

JULIUS MWANGI KAMAU v REPUBLIC [2012] KEHC 2099 (KLR)

✦ The conviction and sentence are quashed. The appellant is set free unless otherwise lawfully held.

LAXMANBHAI CONSTRUCTION LTD V KIHINGO VILLAGE (WARIDI GARDENS) LTD & 2 OTHERS [2012] KEHC 2048 (KLR)

✦ The court finds no merit in the third defendant's application and dismisses it with costs to the plaintiff and the second defendant. The orders sought by the plaintiff and the second defendant are granted.

JOSHUA NYARIBO NYARIBO V JOHNSON MOSE NYANGAU [2012] KEHC 1601 (KLR)

✦ The court upheld the arbitration award and denied the defendant's application to set aside it.

MABATI ROLLING MILLS LTD V M. A. BAYUSUF & SONS LTD [2012] KEHC 1306 (KLR)

✦ The application fails with costs.

JULIUS THAITUMU & 4 others v REPUBLIC [2012] KEHC 2062 (KLR)

✦ The appeal is allowed, conviction and sentence quashed

ALNA ENTERPRISES V KENYA METHODIST UNIVERSITY [2012] KEHC 2019 (KLR)

✦ The court found that the statement of defence filed by the Defendant was not sufficient to justify striking out the statement of defence and entering summary judgment against the Defendant.

NATIONAL BANK OF KENYA V JOSEPH NYABANDO OKEMWA [2012] KEHC 2115 (KLR)

✦ The court will allow the plaintiff to prepare, file, and prosecute its application for reconstruction of the court file within 60 days. If the application is not filed within this period, the appeal will stand dismissed.

OKIYA OMTATAH OKOITI V ATTORNEY GENERAL [2012] KEHC 5947 (KLR)

✦ The 2nd to 12th respondents are struck out from the petition.

MOSES MWANGI KANYERI v REPUBLIC [2012] KEHC 2141 (KLR)

✦ The appellants were properly identified and the trial court's holding in conviction and sentence is upheld.

KENYA PLANTERS COOPERATIVE UNION LIMITED (IN RECEIVERSHIP) V KWA-MATINGI FARMERS CO-OPERATOVE SOCIETY LIMITED & ANOTHER [2012] KEHC 2057 (KLR)

✦ The Plaintiff's Application is refused, and the Defendant is given leave to defend the suit unconditionally.

DR. ZULFIQUAR ALI JAFFERY V AFRICAN BANKING CORPORATION LIMITED [2012] KEHC 2052 (KLR)

✦ The court finds the defendant liable to the plaintiff and enters judgment in favor of the plaintiff as prayed in the further amended plaint.

COSEKE KENYA LIMITED V AIRTEL NETWORKS KENYA LIMITED [2012] KEHC 2016 (KLR)

✦ The court finds that the application to strike out the Defendant's statement of defence is not appropriate as there are triable issues arising from the pleadings.

Muta Chokwe Dishi v James Jungo [2012] KEHC 1895 (KLR)

✦ The court grants the application for enlargement of time and stay of execution, finding the delay not inordinate and the appeal arguable on jurisdictional grounds.

Alfaways Limited v Kobil Petroleum Limited [2012] KEHC 2060 (KLR)

✦ Plaintiff is entitled to an injunction and security of Kshs. 3,174,000/-, to be deposited monthly until the suit is heard and determined.

Aggrey Peter Thande v Co-operative Bank of Kenya & 2 others [2012] KEHC 2028 (KLR)

✦ The court dismisses the Plaintiff's application to consolidate the suits, finding that the relief requests are different and that the previous suit is res judicata.

EUNICE AUMA ODERA & 3 OTHERS V MIGORI TEACHERS CO-OPERATIVE SACCO SOCIETY LIMITED & 2 OTHERS (Civil Suit 295 of 2010) [2012] KEHC 1592 (KLR) (4 October 2012)

✦ The application is dismissed with costs.

CHINA PETROLEUM PIPELINE BUREAU LTD V ANDERSON NDWIGA NJERU T/A BRAJAN ENTERPRISES & ANOTHER [2012] KEHC 2037 (KLR)

✦ The application is allowed, and the previous order is set aside. The Plaintiff is ordered to comply with the order to deposit the money within 7 days.

KENYA REVENUE AUTHORITY V PETER OBARA ONDARI [2012] KEHC 1669 (KLR)

✦ The application is dismissed with costs.

KENNETH MAWIRA BUSAKA & ANOTHER V REPUBLIC [2012] KEHC 2051 (KLR)

✦ The appeals are dismissed, and the conviction and sentence are upheld.

JOSEPH MUTHOKA MAPI T/A MUANGINI RIVER MANAGEMENT PROJECT (C B O) V ADAM KISOI & 19 OTHERS [2012] KEHC 1810 (KLR)

✦ The application is allowed, and the interim injunction is granted against the 17th to 20th respondents to compel them to arrest and prosecute the 1st to 16th respondents.

Desmon Mtambo V Republic [2012] KEHC 1205 (KLR)

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

MARGARET WAMBUI MWANGI V LUCY NJOKI NYAGA & ANOTHER [2012] KEHC 1925 (KLR)

✦ The defendants are not liable for malicious prosecution. The plaintiff's claim for a declaration on seniority is dismissed.

IN RE ADOPTION OF BABY C.M. (Infant) [2012] KEHC 603 (KLR)

RUFAS KARIUKI MWANGI & another v REPUBLIC [2012] KEHC 2144 (KLR)

✦ The conviction of the appellants on the offence of robbery with violence is quashed, and they are set free.