Kenyan case law

Charles J O Omwodo v Amina Shakib [2005] KEHC 1438 (KLR)

✦ The application is dismissed with no order as to costs since the Respondent did not appear.

Samuel Wekesa Ndinyo v Republic [2005] KEHC 1908 (KLR)

✦ The conviction and sentence are quashed

Mbugua v Mwithiga (Civil Case 1174 of 2002) [2005] KEHC 703 (KLR) (24 June 2005)

✦ The Plaintiffs are entitled to an easement over the disputed road, and the Defendant's title is not extinguished.

Henry Rung’uno Chemboiwo v Wilfred Chemolo Chepkurgat & 2 others [2005] KEHC 1515 (KLR)

REPUBLIC v KAJIADO LAND DISPUTES TRIBUNAL & another Exparte SAMUEL S MUYAA & 3 others [2005] KEHC 2347 (KLR)

✦ The court dismisses the application and declines to give an order for costs because neither party appears to have prompted the survey.

Republic v Rael Cherop Martim [2005] KEHC 2287 (KLR)

✦ The learned magistrate had no jurisdiction to withdraw the case and order it to be heard de novo. The subsequent proceedings are null and void.

Loinge Printers & 29 others v City Council of Nairobi [2005] KEHC 2021 (KLR)

✦ The court declines to grant the injunction sought by the Plaintiffs as the Gazette Notice is lawful and the Landlord & Tenant (Shop, Hotel & Catering Establishment) Act does not apply to the City Council.

C. O. K’Opere & Company Advocates v Countruside Suppliers Ltd & another [2005] KEHC 1269 (KLR)

✦ The court dismissed both references with costs to the Respondent.

Joseph Kamau v Kenya Bus Service [2005] KEHC 1403 (KLR)

✦ The application is allowed, and the dismissal order is set aside. The defendant is entitled to costs.

Musa Kaminja Kinyanjui v Munyaka Marketing Co-operative Society Limited [2005] KEHC 2215 (KLR)

✦ the right of appeal was explained

Paul Kaibei Iguchu v Kenya Plantation and Agricultural Workers Union [2005] KEHC 1516 (KLR)

✦ The application for injunction is dismissed.

In Re the Estate of Christopher Kiplagat Kiniga (Deceased) [2005] KEHC 2237 (KLR)

✦ The application is allowed and the amended Motion is ordered to be filed within the next fourteen days. The applicant shall bear the costs of this application.

Republic v Nahashon Oyoko Nyawade [2005] KEHC 1376 (KLR)

✦ The court finds the prosecution has not provided sufficient evidence to link the accused with the murder and enters a finding of not guilty.

Municipal Council of Garissa v Aden Kehir Aden & 2 others [2005] KEHC 1757 (KLR)

✦ The court orders the status quo to remain until the hearing of the case, preventing the respondents from developing the land. The case is set for a full hearing.

Loinge Printers & 29 others v City Council of Nairobi [2005] KEHC 1340 (KLR)

✦ The court declines to grant the orders asked for and dismisses the application with costs to the Defendant.

Ann Wanjunu v Mwihaki Waruiru & 2 others [2005] KEHC 1401 (KLR)

✦ The court orders the Secretary of NYAKINYUA INVESTMENTS LTD to appear and produce any relevant documents to assist the court in arriving at a just decision.

Complete Video Ltd v Joseph Stephen Muriu & another [2005] KEHC 1509 (KLR)

✦ The application is allowed in terms of prayer 2 until the hearing and determination of the suit. Costs in the cause.

David Chege Mwangi v Mugambo Wa Gachocho Co. Ltd [2005] KEHC 1771 (KLR)

✦ The application is dismissed with costs to the Defendant.

Republic v Attorney General ex parte Savion Mtepe Ndune & 4 others [2005] KEHC 2233 (KLR)

✦ The Ex-Parte Applicant’s application is fatally defective and is hereby struck out.

Agnes Waithera Ngugi v Charles Njihia Ngugi [2005] KEHC 2241 (KLR)

✦ The application to extend the time for filing the appeal is allowed, and the Memorandum of Appeal is directed to be filed and served within the next seven days.

David Chege Mwangi v Mugambo Wa Gachocho Co. Ltd [2005] KEHC 1880 (KLR)

✦ The Plaintiff's application is dismissed with costs to the Defendant.

In Re the Estate of Francis Ouma Odera (Deceased) [2005] KEHC 1317 (KLR)

✦ Grant of Letters of Administration to Catherine Ochieng Olang'o is revoked

Associated Battery Manufacturers East Africa Limited v Julius Mutunga [2005] KEHC 2267 (KLR)

✦ The appeal is allowed, with costs to the Appellant

KIGEN LUKA KIPKORIR v JOEL LANG’AT & another [2005] KEHC 253 (KLR)

✦ The application is struck out as frivolous and without merit.

National Bank (K) Limited v Joseph Kibet Cherop [2005] KEHC 2261 (KLR)

✦ The application is properly brought under Order 9A rule 10 and the issues are different from the previous application, thus res judicata does not apply.