High Court of Kenya judgments

Republic v Benjamin Kibet Kitilit [2005] KEHC 2137 (KLR)

✦ The accused is convicted of manslaughter.

[2005] KEHC 2137 (KLR) High Court of Kenya 30 June 2005

Repubilc v Daniel Muthee M'Ituruchiu [2005] KEHC 2145 (KLR)

✦ The court finds the accused guilty on each of the two counts of murder

[2005] KEHC 2145 (KLR) High Court of Kenya 30 June 2005

Augustus Muli & another v Chemusian Company Limited & another [2005] KEHC 1423 (KLR)

✦ The court held that the plaintiff does not have a controlled tenancy and that the defendants can terminate the tenancy without BPRT authority and registration documents.

[2005] KEHC 1423 (KLR) High Court of Kenya 30 June 2005

Republic v Samuel Sindai Lembo [2005] KEHC 2138 (KLR)

✦ The court finds that the prosecution failed to prove the accused's guilt beyond reasonable doubt and acquits him of the charge of murder.

[2005] KEHC 2138 (KLR) High Court of Kenya 30 June 2005

Patrick Murithi Mukuha v Edwin Warui Munene; Ann Warui; Mugo Nguro; Wandiri Ruiga; OCS Yusuf; Attorney General (Civil Case 19 of 2000) [2005] KEHC 2207 (KLR) (30 June 2005) (Judgment)

✦ The court finds that the plaintiff was falsely accused and that he was assaulted by the defendants. The plaintiff is awarded damages and costs.

[2005] KEHC 2207 (KLR) High Court of Kenya 30 June 2005

Republic v David Njeru Mukuru [2005] KEHC 2143 (KLR)

✦ The court finds that the prosecution has not established its case against the accused person beyond any reasonable doubt due to lack of adequate investigations.

[2005] KEHC 2143 (KLR) High Court of Kenya 30 June 2005

John Nakuchi v Republic [2005] KEHC 2152 (KLR)

✦ The convictions on counts two and three are quashed due to doubts in the identification evidence and the charge of robbery being bad for duplicity. The sentence of death is set aside.

[2005] KEHC 2152 (KLR) High Court of Kenya 30 June 2005

Beatrice Nafula Moses & another v Joseph Chepsiror & 3 others [2005] KEHC 1737 (KLR)

✦ The preliminary objection is sustained and the application and the suit are hereby dismissed with costs.

[2005] KEHC 1737 (KLR) High Court of Kenya 30 June 2005

Republic v Linet Kwamboka Nyabuto [2005] KEHC 2139 (KLR)

✦ The court held that the accused lacked the requisite mens rea and convicted her of manslaughter.

[2005] KEHC 2139 (KLR) High Court of Kenya 30 June 2005

SAVANA JUA KALI ASSOCIATION (Suing through its Chairperson) ANNE KHASOA V COUNCILLOR AMOS NGATA [2005] KEHC 3118 (KLR)

✦ The suit is struck out as it is incompetent and the plaintiff has no locus standi to bring the suit.

[2005] KEHC 3118 (KLR) High Court of Kenya 29 June 2005

Julius Gachoki Kibiru v Republic [2005] KEHC 2131 (KLR)

✦ The conviction of the appellant was safe, and the sentence was not excessive.

[2005] KEHC 2131 (KLR) High Court of Kenya 29 June 2005

Erick Mwangi Gatimu v Republic (Criminal Appeal 395 of 1999) [2005] KEHC 1840 (KLR) (29 June 2005) (Judgment)

✦ The conviction was proper and the sentence was not manifestly excessive.

[2005] KEHC 1840 (KLR) High Court of Kenya 29 June 2005

Republic v Hamisi Mwinyi [2005] KEHC 1976 (KLR)

✦ The court finds no evidence proving Mwinyi's guilt and acquits him.

[2005] KEHC 1976 (KLR) High Court of Kenya 29 June 2005

Republic v Lucy Njeri Kamande [2005] KEHC 2144 (KLR)

✦ The court finds the accused not guilty of murder and acquits her.

[2005] KEHC 2144 (KLR) High Court of Kenya 29 June 2005

Lemongen Lekomoisa & another v Republic [2005] KEHC 2282 (KLR)

✦ The 2nd appellant’s appeal is allowed in its entirety, and the 1st appellant’s appeal is allowed with respect to retrial.

[2005] KEHC 2282 (KLR) High Court of Kenya 29 June 2005

Mukaa Mukuu Co-operative Society Ltd v Co-operative Bank of Kenya [2005] KEHC 1433 (KLR)

✦ The court allowed the amendment

[2005] KEHC 1433 (KLR) High Court of Kenya 29 June 2005

National Bank of Kenya Limited v James Orengo [2005] KEHC 1827 (KLR)

✦ The appeal is allowed, the lower court's Order of 5th September, 2002 is set aside, and the consent judgment of 14th May, 1996 is restored.

[2005] KEHC 1827 (KLR) High Court of Kenya 29 June 2005

Republic v Commissioner for Co-operatives Ex-parte Francis Njuguna Kubai & 2 others [2005] KEHC 409 (KLR)

✦ The court has jurisdiction to vary or set aside its own interlocutory orders in judicial review applications in appropriate circumstances but not final orders.

[2005] KEHC 409 (KLR) High Court of Kenya 29 June 2005

Bosco Miriti Ngaine v Republic [2005] KEHC 2151 (KLR)

✦ The conviction and sentence of death are quashed, and the appellant is ordered released from prison.

[2005] KEHC 2151 (KLR) High Court of Kenya 29 June 2005

J.O v R.M.N [2005] KEHC 1835 (KLR)

✦ The marriage is irretrievably broken down and dissolved. The respondent will have custody of the child, but the petitioner will have right of access to the child.

[2005] KEHC 1835 (KLR) High Court of Kenya 29 June 2005

Maimuna Ali Mohamed Sood v Omar Said Mbarak [2005] KEHC 1762 (KLR)

✦ The court denied the application for a stay of execution and all proceedings.

[2005] KEHC 1762 (KLR) High Court of Kenya 29 June 2005

Lemongen Lekomoisa & another v Republic [2005] KEHC 1980 (KLR)

✦ The 2nd appellant’s appeal is allowed in its entirety, and the 1st appellant’s appeal is allowed in part.

[2005] KEHC 1980 (KLR) High Court of Kenya 29 June 2005

BK Ghulla & another v Molot Enterprises (Molot Posho Mill) & 2 others [2005] KEHC 1462 (KLR)

✦ The court awards Kshs.1,282,426.70 in total to the plaintiffs, including Kshs.1,000,000 for general damages, Kshs.82,426.70 for special damages, and Kshs.50,000 for future medical expenses.

[2005] KEHC 1462 (KLR) High Court of Kenya 29 June 2005

Republic v Commissioner for Co-operatives Ex-parte Francis Njuguna Kubai & 2 others [2005] KEHC 2221 (KLR)

✦ The court held that the application for leave was filed outside the statutory six months period and therefore upheld the preliminary objection. The court dismissed the preliminary objections and awarded costs to the applicant.

[2005] KEHC 2221 (KLR) High Court of Kenya 29 June 2005

Erick Mwangi Gatimu v Republic [2005] KEHC 2122 (KLR)