High Court of Kenya judgments

LAWI DUDA & OTHERS v BAMBURI CEMENT LIMITED [2007] KEHC 2155 (KLR)

✦ The widow's application for revival and substitution is allowed, and she shall pay the defendant's costs of the application and the earlier one, which was withdrawn.

[2007] KEHC 2155 (KLR) High Court of Kenya 12 July 2007

REPUBLIC v MILKA NYAMBURA ING’ARA & ANOTHER Exparte ING’ARA GITHENYA [2007] KEHC 2220 (KLR)

✦ The application is dismissed with costs to the 2nd respondent

[2007] KEHC 2220 (KLR) High Court of Kenya 12 July 2007

J N M v I M M [2007] KEHC 2325 (KLR)

✦ The court finds that the respondent deserted the petitioner and grants the petition for divorce on the ground of desertion.

[2007] KEHC 2325 (KLR) High Court of Kenya 12 July 2007

PETER GATHANGWA MIGWI v REPUBLIC [2007] KEHC 3384 (KLR)

✦ The conviction is upheld, and the sentence is changed from life imprisonment to death.

[2007] KEHC 3384 (KLR) High Court of Kenya 12 July 2007

ESTHER KAGURI GITUOKI v SIMION MWITI GITUOKI [2007] KEHC 2025 (KLR)

✦ The judge ordered Simon Mwiti Gituoki to file his proposal on distribution within 7 days and set down the matter for mention on 31.5.2007. He failed to do so and the judge retired to consider the matter.

[2007] KEHC 2025 (KLR) High Court of Kenya 12 July 2007

REPUBLIC vMILKA NYAMBURA ING’ARA & ANOTHER EX-PARTE ING’ARA GITHENYA [2007] KEHC 690 (KLR)

✦ The application is dismissed with costs to the 2nd respondent

[2007] KEHC 690 (KLR) High Court of Kenya 12 July 2007

SAID HAMADI SHAMISI v MUSTAFA MOHAMED MJAHID & 2 OTHERS [2007] KEHC 2162 (KLR)

✦ The application for stay of execution is dismissed.

[2007] KEHC 2162 (KLR) High Court of Kenya 11 July 2007

DAVID RUTHUDI NJEGA v NJIRU NJEGA & 3 OTHERS [2007] KEHC 148 (KLR)

✦ The application is granted.

[2007] KEHC 148 (KLR) High Court of Kenya 11 July 2007

BASHORA HAMISI KOMORA v REPUBLIC [2007] KEHC 2395 (KLR)

✦ The conviction is quashed and the sentence set aside. The appeal is allowed.

[2007] KEHC 2395 (KLR) High Court of Kenya 11 July 2007

JOHN CHEGE & 16 OTHERS v JAMES MICHAEL MWANGI KUBUGI & another [2007] KEHC 2090 (KLR)

✦ The court has no jurisdiction to determine the boundary issue.

[2007] KEHC 2090 (KLR) High Court of Kenya 11 July 2007

OJIAMBO & CO. ADVOCATES v RAZCO LIMITED [2007] KEHC 731 (KLR)

✦ The court declines to interfere with the Taxing Officer's decision on taxation and dismisses the client's application with costs.

[2007] KEHC 731 (KLR) High Court of Kenya 11 July 2007

ASHOK LABSHANKER DOSHI & ANOTHER v REPUBLIC [2007] KEHC 2123 (KLR)

✦ The application for bail pending arrest is allowed. The applicants are to bind themselves by signing personal bonds of Kshs.1,000,000/- each before the Deputy Registrar of this court.

[2007] KEHC 2123 (KLR) High Court of Kenya 11 July 2007

KASIMU SHARIFU MOHAMED v TIMBI LIMITED [2007] KEHC 1786 (KLR)

✦ The court finds that the plaintiff has proved his case on a balance of probability, and orders that the plaintiff be registered as absolute proprietor of land parcel Watamu/503 in place of Timbi Ltd.

[2007] KEHC 1786 (KLR) High Court of Kenya 11 July 2007

LEAH WANJIRU ASHIALI v ROBERT NYAKAMBA ONDIEK [2007] KEHC 2188 (KLR)

✦ Judgment for the Plaintiff for Shs.3,160,430.00 with costs and interest

[2007] KEHC 2188 (KLR) High Court of Kenya 11 July 2007

DAVID RUTHUDI NJEGA v NJIRU NJEGA & 3 OTHERS [2007] KEHC 1014 (KLR)

✦ The application is granted.

[2007] KEHC 1014 (KLR) High Court of Kenya 11 July 2007

E A A v R G O [2007] KEHC 1812 (KLR)

✦ The Grant of Letters of Administration is modified to include the applicant as a co-administrator and a fresh distribution of the estate is ordered.

[2007] KEHC 1812 (KLR) High Court of Kenya 11 July 2007

JULIUS BARIU MUNORU v REPUBLIC [2007] KEHC 2290 (KLR)

✦ The prosecution's evidence was sufficient to prove the appellant's guilt beyond reasonable doubt, and the appellant's alibi defense was not supported by the evidence.

[2007] KEHC 2290 (KLR) High Court of Kenya 11 July 2007

MAISHA FLOUR MILLS LTD v CHARLES MURIUKI GITHINJI T/A STAREHE WHOLESALERS [2007] KEHC 2321 (KLR)

✦ The defendant is indebted to the plaintiff for the amount claimed and is not entitled to judgment.

[2007] KEHC 2321 (KLR) High Court of Kenya 11 July 2007

MILLING CORPORATION (K) LTD v PAMELA NDEGE [2007] KEHC 376 (KLR)

✦ The termination of Ndege's services was lawful, and the damages awarded were excessive.

[2007] KEHC 376 (KLR) High Court of Kenya 11 July 2007

CHARLES SHIKANGA & ANOTHER v BETTING CONTROL LICENSING BOARDS [2007] KEHC 111 (KLR)

✦ The Court found that the Association did not have locus standi to bring the Application as it was not registered at the time the decision was made.

[2007] KEHC 111 (KLR) High Court of Kenya 11 July 2007

MICHAEL MURITHI v REPUBLIC [2007] KEHC 490 (KLR)

✦ The appeal is dismissed. The trial court’s finding that the appellant was armed with a pistol, a dangerous weapon, and that he confronted Kaumbuthu and overpowered him before escaping, amounts to 'any other personal violence' within the meaning of Sub-section (2) of Section 297(2) of the Penal Code.

[2007] KEHC 490 (KLR) High Court of Kenya 11 July 2007

CHARLES SHIKANGA AND STEPHEN NDICHU v BETTING CONTROL LICENSING BOARDS (? 1023 of 2005) [2007] KEHC 1978 (KLR) (11 July 2007) (Judgment)