Kenyan case law

SAMUEL KIMANI WAINAINA v HOUSING FINANCE CO. OF KENYA LIMITED [2006] KEHC 1917 (KLR)

✦ The court set aside the sale of the property and issued an injunction preventing the defendant and its agent from finalizing the sale.

KENYA COMMERCIAL FINANCE CO. LTD v DANIEL OMBACHI MOGENI & another [2006] KEHC 1911 (KLR)

✦ The court overruled the preliminary objection and granted a stay of execution until the next hearing of the application.

REPUBLIC v PETER MUTUA MULI & 2 others [2006] KEHC 1705 (KLR)

✦ Each accused is sentenced to serve a jail term of 2 years

COVE INVESTMENTS LIMITED v MATHIAS KIMNYOLE LANGAT [2006] KEHC 1841 (KLR)

✦ The application is dismissed with no order as to costs.

JOSPHAT KYALO MUASYA v REPUBLIC [2006] KEHC 1699 (KLR)

✦ The sentence of two years is reduced to eight months, and the appellant is released from jail.

ABDI KARIM MOHAMED & another v REPUBLIC [2006] KEHC 2017 (KLR)

✦ The convictions are unsafe and cannot be allowed to stand. The appeals are allowed, convictions and sentences are quashed.

JOSPHAT KYALO MUASYA v REPUBLIC [2006] KEHC 1704 (KLR)

✦ The conviction and sentence are quashed and the sentence of two years jail is set aside.

REPUBLIC v SAMMY DAVID MUKONYONGO [2006] KEHC 1711 (KLR)

✦ The accused should serve a jail sentence of 9 months

MILKA MUGURE GITAU v GEORGE GITAU [2006] KEHC 1837 (KLR)

✦ The court orders the transfer and registration of Nyandarua/Mkungi/659 to the plaintiff, and orders the defendant to give legal and physical possession of one-half of Nyandarua/Mumui/3 and the whole of Plot No. 90 Gathara-ini Township.

PETER JUMA & another v REPUBLIC [2006] KEHC 1741 (KLR)

✦ The appeal is allowed, the sentence is set aside, and the case is remitted for retrial.

In Re the Estate of Ofaflatoon Singh s/o Prithi Singh (Deceased) [2006] KEHC 1751 (KLR)

✦ The administrators are permitted to call in and value the three assets of the estate within 60 days, with the valuation to be filed in court within the same period. The costs of valuation are to be borne by the estate.

A. N. NDAMBIRI & CO. ADVOCATES v MWEA RICE GROWERS MULTI-PURPOSE CO-OPERATIVE SOCIETY LTD [2006] KEHC 2069 (KLR)

✦ Application is incompetent and struck out

SALOME WANGENDO KOIGU v SIMON PETER KOIGU [2006] KEHC 1716 (KLR)

✦ The court orders the parties to file mutually agreed costings for the sub-division of two plots of land into two portions of equal value and for registration of the resultant sub-divisions in their respective names.

MARY WAITHERERO v CHELLA KUNANI & another [2006] KEHC 2014 (KLR)

✦ The appeal is allowed, and the respondents are found solely liable in damages for the injuries sustained by the appellant.

SAMUEL GATHU KAMAU v PETER KANIU GATHUNGU [2006] KEHC 2054 (KLR)

✦ The application for stay of execution and setting aside of the judgment is disallowed

GEORGE MORARA NYANDORA v CARNATION PLANT LIMITED [2006] KEHC 2045 (KLR)

JOSEPH G. KABERA & another v GEORGE KIRUMBA KANGWARA & 2 others [2006] KEHC 2011 (KLR)

✦ The appeal is partially allowed. The award of Kshs 150,000/= made by the trial magistrate as general damages to the 1st respondent is set aside and substituted by an award of Kshs 75,000/=. The 1st respondent shall also be paid the sum of Kshs 2,000/= as special damages.

JACKSON N. WACHUGA v EASTERN KITUI STORE LIMITED [2006] KEHC 2073 (KLR)

✦ The court held that the Deputy Registrar's decision to examine the directors was erroneous as the Defendant was dissolved and no assets remained.

SPIN KNIT LIMITED v JOHNSTONE OTARA [2006] KEHC 2008 (KLR)

✦ The appeal is dismissed with costs. The judgment of the subordinate court is upheld.

REPUBLIC v BAINITO ONYANCHI [2006] KEHC 1988 (KLR)

✦ The accused is acquitted of murder.

NATIONAL BANK OF KENYA LIMITED v PUNTLAND AGENCIES LIMITED & 2 others [2006] KEHC 2040 (KLR)

✦ Judgment entered against the defendants is set aside.

REPUBLIC v RICHARD KIPSANG LANGAT [2006] KEHC 1987 (KLR)

✦ The accused is found guilty of manslaughter due to diminished culpability due to intoxication.

BIF EAST AFRICA LIMITED v FUELEX KENYA LIMITED [2006] KEHC 2070 (KLR)

✦ The plaint is struck out, and the plaintiff's suit is dismissed.

CO-OPERATIVE BANK OF KENYA LIMITED v JAMES MUCHINA WANDUTU [2006] KEHC 2048 (KLR)

✦ The application is dismissed with no order as to costs.

REPUBLIC v ANNE MWENDE NDUNGU & another [2006] KEHC 1986 (KLR)

✦ The court finds that the prosecution failed to prove the accused persons' involvement in the murder beyond reasonable doubt and acquits them.