Kenyan case law
-
SOUTH NYANZA SUGAR CO. LTD v SAMWEL ONUKO ANYONA [2010] KEHC 420 (KLR)
✦ The appeal is allowed with costs, and the judgment of the trial court is set aside. The respondent's suit before the subordinate court is dismissed.
-
FREDRICK MWEKE MATHEKA v REPUBLIC [2010] KEHC 1731 (KLR)
✦ The conviction is quashed and the Appellant is set at liberty
-
FRANCIS SIRWERI TURUNGI & 3 OTHERS V REPUBLIC [2010] KEHC 328 (KLR)
✦ The delay in arraignment was not inordinate and the accused were brought before a court as soon as reasonably practicable.
-
DAVIS WAFULA NAKITARE & 2 OTHERS V AGRICULTURAL DEV. CORPORATION [2010] KEHC 2019 (KLR)
✦ The application for leave to appeal is granted in terms of prayer (b) and (c) of the application.
-
REPUBLIC V NASHON OKINYI [2010] KEHC 323 (KLR)
✦ The information against the accused is quashed with the consequence that the accused is acquitted.
-
KEBIRIGO TEA FACTORY CO V RICHARD OCHIENGI OBARE [2010] KEHC 947 (KLR)
✦ The court held that the appellant was not negligent and that the respondent was not its employee.
-
DEKOW SHEIKH ABDI ABDILLAHI V BARCLAYS BANK OF KENYA LTD [2010] KEHC 1698 (KLR)
✦ The plaintiff's application stands or falls on whether he was in default of the loan facility documents in respect of the suit vehicle.
-
CHRISTOPHER MAYAKA MOGENI V REPUBLIC [2010] KEHC 376 (KLR)
✦ The appeal is dismissed in its entirety.
-
ROBERT OUKO V REBECCA MORAA KENGA [2010] KEHC 962 (KLR)
✦ The court grants the plaintiff an injunction to prevent the defendant from interfering with the plaintiff's possession and enjoyment of the land. The court also grants the plaintiff costs and interest from the date of filing till payment in full.
-
REPUBLIC V MAURICE OTIENO NYAMGWE [2010] KEHC 1906 (KLR)
✦ The sentence of a fine of Kshs.35,000/- in default of 4 months imprisonment is set aside. The respondent is ordered to serve two (2) years imprisonment.
-
ELIAS ANYANGO ONDITI V WILSON O. NYABUNGE & 7 OTHERS [2010] KEHC 392 (KLR)
✦ The appeal is dismissed with costs to the 1st and 3rd respondents, and the appellant shall have the costs of the withdrawn appeal by the 1st and 3rd respondents.
-
NGURUMAN LIMITED V OLDONYO LARO ESTATE LIMITED [2010] KEHC 1592 (KLR)
✦ The court allows the defendant's application to amend its defence and counter-claim and deems it filed in time.
-
KEBIRIGO TEA FACTORY V JAMES MORWABE KONGO [2010] KEHC 950 (KLR)
✦ The appeal is allowed. The judgment and decree of the subordinate court are set aside. The respondents' suit is dismissed with costs. The appellant too shall have the costs of this appeal.
-
EIDEN ENTERPRISES LIMITED & 2 OTHERS V PARADISE MOMBASA MARKETING LIMITED & 5 OTHERS [2010] KEHC 1127 (KLR)
✦ The court holds that the Notice of Withdrawal against the 1st, 2nd, and 3rd Defendants is a withdrawal of the entire suit, not just claims or parts of it. As a result, the suit against the 4th and 5th Defendants is also considered wholly withdrawn and discontinued.
-
KILWAKE KIMINGICH V SCHOLASTICA MARUTI [2010] KEHC 2008 (KLR)
✦ The application is dismissed with costs to the respondent as the appellant failed to file an application or obtain leave to change the advocate.
-
ROBERT OUKO V REBECCA MORAA KENGA [2010] KEHC 915 (KLR)
✦ The court grants the plaintiff an injunction to prevent the defendant from trespassing on the land and awards costs and interest from the date of filing till payment in full.
-
IN RE THE MATTER OF STANDARD ASSURANCE KENYA LIMITED [2010] KEHC 179 (KLR)
✦ The winding up proceedings are stayed for 14 days and the winding up advertisement is cancelled. A notice is ordered to be published by the Commissioner of Insurance. The moratorium is upheld. Execution of attachment proceedings are stayed for 14 days.
-
JAPHET CHARO v REPUBLIC [2010] KEHC 1914 (KLR)
✦ The appeal is dismissed, and the conviction and sentence are upheld.
-
KERINA OLONDE V AKAMBA PUBLIC ROAD SERVICES LTD [2010] KEHC 1656 (KLR)
✦ The court awards the plaintiff a sum of Kshs. 400,320/= for pain and suffering and loss of amenities, and Kshs. 1,600/= for special damages.
-
REPUBLIC vs PETER BARASA & JOB MULIRO [2010] KEHC 2005 (KLR)
✦ The accused are found guilty of manslaughter.
-
REPUBLIC v KWANZA LAND DISPUTES TRIBUNAL & ANOTHER [2010] KEHC 1919 (KLR)
✦ The application succeeds, and the Tribunal's award is set aside.
-
ALLAN PETER KARANJA WATHIGO v KENYA RAILWAYS CORPORATION [2010] KEHC 1931 (KLR)
✦ The court found in favor of the plaintiff, ruling that the plaintiff has a valid claim to the property and that the defendant demolished the plaintiff's structures without justifiable cause.
-
PATRICK MWACHANJE KISHEGO v REPUBLIC [2010] KEHC 1757 (KLR)
✦ The appeal is dismissed. The conviction is confirmed, but the sentence of 10 years is set aside and replaced with a minimum sentence of 20 years imprisonment.
-
REPUBLIC V PETER BARASA & ANOTHER [2010] KEHC 2267 (KLR)
✦ The accused are found guilty of manslaughter instead of murder, as the prosecution did not establish malice aforethought.
-
ALLAN OCHIENG OKEYO & another v REPUBLIC [2010] KEHC 1762 (KLR)
✦ The convictions and sentences are upheld