Kenyan case law

D. Njogu & Co. Advocates v National Bank of Kenya [2009] KEHC 3211 (KLR)

✦ The fee agreement is found to be illegal, void and unenforceable.

D. Njogu & Co. Advocates v National Bank of Kenya [2009] KEHC 713 (KLR)

Nickson Otieno Odero v Republic [2009] KEHC 3215 (KLR)

✦ The appellant was properly identified and convicted. The appeal is dismissed.

Peter Muinde v Statutory Manager Invesco Assurance Co. Ltd. & 2 others; Salome Nthembi Peter & 17 others (Interested Party) [2009] KEHC 1750 (KLR)

✦ The plaintiff is granted an order to remain in force during the moratorium period, and the interested parties will be at liberty to proceed with their suits after the moratorium.

Co-operative Bank of Kenya Ltd v Chemagro Ltd (Civil Suit 548 of 2002) [2009] KEHC 1931 (KLR) (7 August 2009) (Ruling)

✦ Guarantee is validly executed and made an order of the court. Application for stay of execution is dismissed.

MICHAEL ANDREW SUITER v ABDULHAKIM ABDALLA [2009] KEHC 1622 (KLR)

✦ The preliminary objection is dismissed in its entirety.

In Re Estate of David Muriuki Kaberere (Deceased) [2009] KEHC 1774 (KLR)

✦ The court dismisses the petitioner's application as she has failed to demonstrate an appeal on the records and the issue of transfer to third parties does not hold water.

AGNES A. KWAMBOKA v ERADION OCHENGE MOKUA [2009] KEHC 1654 (KLR)

✦ The applicant is entitled to an equal share of the subject properties, and the properties will be transferred to her. The applicant will also receive her suitcase with personal effects. The respondent will bear the costs of the transfers and the suit.

M.M.M v M.L.M [2009] KEHC 1660 (KLR)

✦ The court found the marriage valid and the petition for divorce was properly brought.

PALA TSUMA v JUMA MWINYI [2009] KEHC 1633 (KLR)

✦ The court allows the Applicant's Notice of Motion in terms of prayers (1) and (2) thereof.

O.O.A v H.O.O [2009] KEHC 1875 (KLR)

✦ The court grants interim orders for the respondent to have access to his children every Sunday and to be at liberty to talk to them whenever he wishes. The respondent is restrained from entering the matrimonial home and from harassing the applicant and interfering with her and the children's rights.

EDWIN MAINA v CONSOLATA MURUGI [2009] KEHC 1762 (KLR)

✦ The application is dismissed with costs.

MARGROVE INVESTMENTS LIMITED v ATTORNEY GENERAL & another [2009] KEHC 1655 (KLR)

✦ The 2nd Defendant is restrained from alienating, transferring, charging, leasing, and sub-dividing the suit property until the full hearing and determination of the suit.

In Re Estate of Peter Kigondu Wangi (Deceased) eKLR [2009] KEHC 1119 (KLR)

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

SAMUEL KAMAU KAGURA v PEKAY HOLDINGS LIMITED [2009] KEHC 1961 (KLR)

✦ The court orders the revival of the plaintiff's suit and substitutes the applicant as a party to proceed with the suit.

R.O.A.O v A.O.M [2009] KEHC 2007 (KLR)

✦ The court grants the petitioner's request for maintenance and custody of the family vehicle.

ERICK CHEBON MALEKEN v REPUBLIC [2009] KEHC 1745 (KLR)

✦ The appeal is dismissed. The conviction and sentence are upheld.

CHRISPHINE MWANGANYI v REPUBLIC [2009] KEHC 1662 (KLR)

✦ The sentence of 7 years is lawful and neither harsh nor excessive.

REPUBLIC v MASENO UNIVERSITY STAFF DISCIPLINARY COMMITTEE & another [2009] KEHC 1746 (KLR)

✦ The decision of the Staff Disciplinary Committee and the dismissal of the appeal by the University Council are quashed.

BEATRICE WAMBUI NGINGA v SAMUEL GICHURA KARIUKI & 3 others [2009] KEHC 1960 (KLR)

✦ The court held that the plaintiff had locus standi and that the accident was caused by the negligence of the defendants' drivers.

LEISURE LODGES LIMITED v JOHN MWAURA & another [2009] KEHC 1656 (KLR)

✦ The court directs the Plaintiff/Applicant to take fresh dates for hearing of the application and again serve the Defendant/Respondent with hearing notice.

DORIS JEPKORIR MUGE v REPUBLIC [2009] KEHC 1768 (KLR)

✦ The application is dismissed as the charges are not barred by double jeopardy and the applicant's constitutional rights were not violated.

REPUBLIC V JOSEPH KINYANJUI MWIKAMBA (alias CIINJU [2009] KEHC 2244 (KLR)

✦ The prosecution has failed to prove the accused's guilt beyond reasonable doubt, and the accused is found not guilty.

KENYA COMMERCIAL BANK LTD & 2 others v TRITON BULK STORAGE COMPANY LTD (IN RECIVERSHIP) & another [2009] KEHC 3285 (KLR)

✦ The 1st and 2nd plaintiffs have established a prima facie case to entitle the court to grant them an interlocutory injunction.

KENYA COMMERCIAL BANK LTD & 2 others v TRITON BULK STORAGE COMPANY LTD (IN RECIVERSHIP) & another [2009] KEHC 2066 (KLR)

✦ The 1st and 2nd plaintiffs have established a prima facie case to entitle the court to grant them the interlocutory injunction sought.