High Court of Kenya judgments

RICHARD GICHANGI KIENYERE & 6 others v GENERAL ACCIDENT INSURANCE CO. LTD [2006] KEHC 1953 (KLR)

✦ The plaintiffs have established their case on a balance of probabilities, and the defendant is legally liable to settle the decretal sum.

[2006] KEHC 1953 (KLR) High Court of Kenya 3 July 2006

REPUBLIC v MINISTER FOR FINANCE & another [2006] KEHC 1489 (KLR)

✦ Leave to institute judicial review proceedings is granted

[2006] KEHC 1489 (KLR) High Court of Kenya 3 July 2006

Pius Mutua Wambua & another v Republic [2006] KEHC 1939 (KLR)

✦ The conviction is quashed and the sentences set aside. The appellants are discharged and ordered set at liberty.

[2006] KEHC 1939 (KLR) High Court of Kenya 30 June 2006

K.C.B.V v M.K.P [2006] KEHC 1620 (KLR)

✦ Motion to transfer the case to Nairobi High Court is dismissed

[2006] KEHC 1620 (KLR) High Court of Kenya 30 June 2006

PETERLIS MWANDA ODUK & 2 OTHERS v REGISTRAR OF SOCIETIES & 3 OTHERS [2006] KEHC 1930 (KLR)

✦ The decision of the Registrar to confirm the 2nd, 3rd, and 4th respondents as office bearers is quashed. The order of mandamus is not merited.

[2006] KEHC 1930 (KLR) High Court of Kenya 30 June 2006

KATHANGARIRI TEA FACTORY CO. LTD v HARRISON MUGO MARIMBA & 3 others [2006] KEHC 1916 (KLR)

✦ The court grants the plaintiff's application for a temporary injunction to restrain the defendants from conducting the plaintiff's business and holding meetings.

[2006] KEHC 1916 (KLR) High Court of Kenya 30 June 2006

R.M.K v C.L.K [2006] KEHC 1980 (KLR)

✦ Marriage is irretrievably broken down due to adultery and cruelty. Petitioner is granted custody of the minor child.

[2006] KEHC 1980 (KLR) High Court of Kenya 30 June 2006

M.R.J.M v N.A.P [2006] KEHC 3424 (KLR)

✦ The marriage is dissolved due to irretrievable breakdown.

[2006] KEHC 3424 (KLR) High Court of Kenya 30 June 2006

REPUBLIC v LCHOKITAN LESWAKERI [2006] KEHC 1933 (KLR)

✦ The accused is convicted of murder.

[2006] KEHC 1933 (KLR) High Court of Kenya 30 June 2006

JOHN KAMAU KIRUGA v CHAIRMAN KIGUMO DIVISION LAND DISPUTES TRIBUNAL [2006] KEHC 2025 (KLR)

✦ The Kigumo Land Disputes Tribunal had no jurisdiction to make the award, and the proceedings are removed by order of certiorari into the High Court and quashed.

[2006] KEHC 2025 (KLR) High Court of Kenya 30 June 2006

MICHAEL GITAU WAWERU v REPUBLIC [2006] KEHC 1883 (KLR)

✦ The appeal is dismissed in its entirety.

[2006] KEHC 1883 (KLR) High Court of Kenya 30 June 2006

NELSON MUKABANA OMUTANYI v JOSEPH JUMA KEYA [2006] KEHC 1430 (KLR)

✦ The application is dismissed with costs to the respondent

[2006] KEHC 1430 (KLR) High Court of Kenya 29 June 2006

NANDI TEA ESTATES LTD v EUNICE JACKSON WERE [2006] KEHC 1893 (KLR)

✦ The appeal is allowed on the issue of liability, and the judgment and decree are set aside. The plaintiff's suit is dismissed with costs to the defendant.

[2006] KEHC 1893 (KLR) High Court of Kenya 29 June 2006

MARY WAMBUI NJURI v CO-OPERATIVE BANK OF KENYA & 2 others [2006] KEHC 1971 (KLR)

✦ The application to strike out the plaintiff's suit is dismissed with costs.

[2006] KEHC 1971 (KLR) High Court of Kenya 29 June 2006

REPUBLIC v JOHANA WAIRINDI CHEGE & 2 others [2006] KEHC 1832 (KLR)

✦ The court acquits each of the accused persons under Section 210 of the Criminal Procedure Code.

[2006] KEHC 1832 (KLR) High Court of Kenya 29 June 2006

DAVID KARIUKI WACHIRA v REPUBLIC [2006] KEHC 2016 (KLR)

✦ The conviction is upheld, but the sentence of 25 years is set aside and replaced with a life sentence.

[2006] KEHC 2016 (KLR) High Court of Kenya 29 June 2006

EMMANUEL OBWONYA ALUTSESHE v HENRY KOMBO ALUTSESHE [2006] KEHC 1443 (KLR)

✦ The appeal is allowed, and the decisions of the Western Province Appeals Committee and the Lurambi Divisional Land Disputes Tribunal are quashed. Each party shall bear its own costs.

[2006] KEHC 1443 (KLR) High Court of Kenya 29 June 2006

KEZIA MBONE KITAZI v SABATIA LAND DISPUTES TRIBUNAL & another [2006] KEHC 1429 (KLR)

✦ The decision of the Land Disputes Tribunal was ultra vires its powers and is hereby quashed by an order of certiorari.

[2006] KEHC 1429 (KLR) High Court of Kenya 29 June 2006

MARTHA WAMBUI GACHOYA v JOYCE MURINGI KARIITHI [2006] KEHC 1719 (KLR)

✦ The application for revocation/annulment of the grant was dismissed.

[2006] KEHC 1719 (KLR) High Court of Kenya 29 June 2006

AGM v Republic [2006] KEHC 3503 (KLR)

✦ The appeal is dismissed in its entirety.

[2006] KEHC 3503 (KLR) High Court of Kenya 29 June 2006

LAWRENCE NDUHIU KIGOTHO v REPUBLIC [2006] KEHC 1913 (KLR)

✦ The court rejects the application for bail pending appeal as the applicant has not shown exceptional or unusual circumstances warranting it.

[2006] KEHC 1913 (KLR) High Court of Kenya 29 June 2006

JOSEPH ESHISILA & another v ABRAHIM KEYA KIGAMU & another [2006] KEHC 1428 (KLR)

✦ The applicants' cause of action does not appear to be time barred, and the court grants them leave to file suit against the named Respondents within 30 days.

[2006] KEHC 1428 (KLR) High Court of Kenya 29 June 2006

SHADRACK LEKEKENY KIRANGANY v REPUBLIC (Criminal Appeal 513 of 2003) [2006] KEHC 1833 (KLR) (29 June 2006)

✦ The appeal on sentence is allowed, and the sentence is reduced to the period already served. The appellant is set at liberty unless otherwise lawfully held.

[2006] KEHC 1833 (KLR) High Court of Kenya 29 June 2006

EDWARD JUMA MALOVI v PETER NDIRANGU [2006] KEHC 1444 (KLR)

✦ The court dismissed the appellant's application to set aside the dismissal of his application, finding that the appellant's failure to attend court was due to a mistake and not bad faith.

[2006] KEHC 1444 (KLR) High Court of Kenya 29 June 2006

ANERIKO OMOTO OKONDO & 3 OTHERS v SILVESTER MASIKANA GUMBA [2006] KEHC 1442 (KLR)

✦ The application to set aside the dismissal order is dismissed with costs to the respondent.

[2006] KEHC 1442 (KLR) High Court of Kenya 29 June 2006

Kenyan case law