Kenyan case law

REPUBLIC V DEPUTY REGISTRAR, BUSIA & ANOTHER [2012] KEHC 1766 (KLR)

✦ The warrants are hereby called into this court by order of Certiorari and quashed. The 1st Respondent is by order of Prohibition prohibited from issuing any such warrants in the matter.

MOSES KWOBA SARANA V REBECCA NAMAROME WERE & 2 OTHERS [2012] KEHC 1915 (KLR)

✦ The Plaintiff's suit is struck out with costs for being an abuse of the process of the court.

JOSEPH C. MUSYOKI v ATTORNEY GENERAL [2012] KEHC 1607 (KLR)

✦ The application is allowed, and the court's decree is reviewed to reflect the appellant's true salary scale and allowances from 1st October 2006 to December 2007.

AMON MWANIKI NJOGU V WORLD VISION INTERNATIONAL & 2 OTHERS [2012] KEHC 5906 (KLR)

✦ The court has no jurisdiction to hear the suit and strikes out the Plaint and the entire suit.

Lucy N. Momanyi T/A L. N. Momanyi & Company Advocate v George Walter Shultz [2012] KEHC 1815 (KLR)

✦ The court orders the plaintiff to file a suitable bank guarantee or deposit cash for Shs. 3.5 million within 30 days, and to prepare the case for hearing.

EPHANTUS M. KAGOMO & 6 OTHERS V INDUSTRIAL & COMMERCIAL DEVELOPMENT CORPORATION [2012] KEHC 1984 (KLR)

✦ The plaintiffs' suit against the defendant fails. There is no cause of action disclosed against the defendant due to the inadequacy of particulars of special damages. The right to sue the Company has not been extinguished.

KARIOBANGI SOUTH CIVIL SERVANTS WELFARE ASSOCIATION THROUGH : JARVIS NJOROGE- CHAIRMAN & 2 others v DICKSON D.M WANGAI & 6 others (Miscellaneous Civil Application 364 of 2005) [2012] KEHC 1721 (KLR) (2 October 2012)

✦ The court held that only formal judgments, orders, decrees, and other proceedings of an inferior court or tribunal fall within the 6 months period stipulated, and nullities are not covered by the six months limitation.

REPUBLIC V KIRWARA LAND CONTROL BOARD & 3 OTHERS EX-PARTE MAINA GAKURU [2012] KEHC 1629 (KLR)

✦ The application fails and is dismissed with costs to the respondents

KIPNGETICH MAIYO & 24 OTHERS V KENYA LAND COMMISSION SELECTION PANEL [2012] KEHC 1866 (KLR)

✦ Paragraph 42(ii) of the petition and paragraph 24(b) of the Supporting Affidavit are struck out as scandalous.

ANTONY MUSILA (MULONZI) MUMANGI V EMMANUEL KARISA MAITHA MINISTER FOR LOCAL GOVERNMENT & ANOTHER [2012] KEHC 1647 (KLR)

✦ The judgment is upheld and the appeal is dismissed.

KENYA OIL COMPANY LIMITED V KENYA RAILWAYS CORPORATION [2012] KEHC 1657 (KLR)

✦ The Court granted the injunction and restrained the Respondent from breaching the contract and from awarding tenders for the services contracted to the Applicant.

COSMUS MUTUA SILA V INSURANCE COMPANY OF EAST AFRICA LTD [2012] KEHC 1707 (KLR)

✦ The application for striking out the defence is dismissed as the defence is not a sham and raises arguable issues.

J W M & another (A minor suing through her mother & next friend J W M) v AAR Health Services Limited [2012] eKLR [2012] KEHC 5531 (KLR)

✦ The court held that the relationship between the plaintiff and the defendant was that of employer/employee, and the defendant was not justified in terminating the plaintiff's contract.

JOYCE WAIRIMU KARANJA V EDWARD MURANGIRI MUGAMBI [2012] KEHC 2026 (KLR)

✦ The Court found in favor of the Plaintiff, ordering a temporary injunction restraining the Defendant from interfering with the Plaintiff's use of the suit property pending the hearing and determination of the suit.

MOSES KAMAU KAARA & 24 OTHERS V KAMULU HOUSING CO-OPEATIVE SOCIETY LIMITED & 2 OTHERS [2012] KEHC 1966 (KLR)

✦ The application for leave to file judicial review proceedings is dismissed. The court finds no legal justification for granting leave to file judicial review proceedings.

LUDOFIKO OKUMU & 2 OTHERS V RAPHAEL ODETO & ANOTHER [2012] KEHC 1916 (KLR)

✦ The application for review has no merit and is dismissed with costs

ISAAC MAINA IHOMBA T/A FOSUNG TRADERS V PERMANENT SECRETARY, OFFICE OF THE VICE PRESIDENT & MINISTRY OF HOME AFFAIRS & ANOTHER [2012] KEHC 2114 (KLR)

✦ The application for stay of execution pending appeal is dismissed.

KARIOBANGI SOUTH CIVIL SERVANTS WELFARE ASSOCIATION THROUGH : JARVIS NJOROGE- CHAIRMAN & 2 others v DICKSON D.M WANGAI & 6 others [2012] KEHC 1785 (KLR)

✦ The court held that nullities are not covered by the six months limitation and that the doctrine of ultra vires permits the courts to strike down decisions or acts made or done by bodies exercising public functions which they have no power to make.

ROYAL MEDIA SERVICES LIMITED V ATTORNEY GENERAL & 2 OTHERS [2012] KEHC 2053 (KLR)

NATIONAL BANK OF KENYA LIMITED V BETH NGONYO NGENGI & ANOTHER [2012] KEHC 1628 (KLR)

✦ The Plaintiff is entitled to only interest on the sum of Kshs. 61,456/= as from February 1997 to 7th May 2001 at court rates.

KARIOBANGI SOUTH CIVIL SERVANTS WELFARE ASSOCIATION THROUGH : JARVIS NJOROGE- CHAIRMAN & 2 others v DICKSON D.M WANGAI & 6 others [2012] KEHC 1738 (KLR)

✦ The court held that only formal judgments, orders, decrees, and other proceedings of an inferior court or tribunal fall within the 6 months period stipulated, and nullities are not covered by the six months limitation.

REPUBLIC V ATTORNEY GENERAL EX-PARTE OBED OCHWANYI & 4 OTHERS [2012] KEHC 1622 (KLR)

✦ The application fails and is dismissed with costs to the respondent.

COAST WATER SERVICES BOARD v TIBA FREIGHT FORWARDERS LIMITED & 2 others (Civil Case 258 of 2006) [2012] KEHC 1588 (KLR) (2 October 2012)

✦ The court orders that the suit go for trial, allowing the parties to ventilate the merits of the case.

PETER KAIMENYI MARANGU V REPUBLIC [2012] KEHC 2113 (KLR)

✦ The court declines to grant bond pending appeal and directs the appeal to be heard on November 27, 2012 by any judge other than the presiding judge.

SAMUEL M MAGUA V BARCLAYS BANK OF KENYA LIMITED [2012] KEHC 5955 (KLR)

✦ The appellant's application for a stay of execution is dismissed with costs