Kenyan case law

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

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

  [2006] KEHC 2070 (KLR) High Court of Kenya 23 June 2006

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

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

  [2006] KEHC 2048 (KLR) High Court of Kenya 23 June 2006

• 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.

  [2006] KEHC 1986 (KLR) High Court of Kenya 23 June 2006

• JEOFFREY KITWAKE WABUGE & another v REPUBLIC [2006] KEHC 2047 (KLR)

  ✦ The court admitted the applicants to bail pending the hearing and determination of their appeals, each on a bond of Kshs.20,000,000 with sureties of similar amount.

  [2006] KEHC 2047 (KLR) High Court of Kenya 23 June 2006

• BILL KIBUIKA NGANGA t/a OLYMPIC STUDIO v ORYX ENERGY DEVELOPMENT CO. LTD [2006] KEHC 1960 (KLR)

  ✦ The court will not allow the plaintiff's application to strike out the defendant's written statement and will hear the case in a full trial.

  [2006] KEHC 1960 (KLR) High Court of Kenya 23 June 2006

• CHRISPUS MBICHI GAKUI v KARANJA WAINAINA [2006] KEHC 2013 (KLR)

  ✦ The appeal is allowed. The order of the Resident Magistrate is set aside. The award by the Land Disputes Tribunal is adopted as a judgment of the subordinate court.

  [2006] KEHC 2013 (KLR) High Court of Kenya 23 June 2006

• MBUGUA & MBUGUA, ADVOCATES v KENINDIA ASSURANCE COMPANY LIMITED [2006] KEHC 2095 (KLR)

  ✦ The preliminary objection is overruled

  [2006] KEHC 2095 (KLR) High Court of Kenya 23 June 2006

• JOHN MUNDIA MUHANDA v REPUBLIC [2006] KEHC 1941 (KLR)

  ✦ The court partially allows the application, staying the execution of the order to the extent of payment of school fees of Kshs.10,000/-. The payment of Kshs.2,500/- per month towards maintenance is not stayed.

  [2006] KEHC 1941 (KLR) High Court of Kenya 23 June 2006

• Joseph G Kabera & another v George Kirumba Kangwara & 2 others [2006] KEHC 2003 (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.

  [2006] KEHC 2003 (KLR) High Court of Kenya 23 June 2006

• JOSHUA KASINA v DISTRICT WORKS OFFICER MWINGI & 3 others [2006] KEHC 732 (KLR)

  ✦ The court finds the third party liable for the damage and awards general damages of Kshs.200,000.

  [2006] KEHC 732 (KLR) High Court of Kenya 22 June 2006

• REPUBLIC v CHAIRMAN PROVINCIAL LAND DISPUTES TRIBUNAL & another Ex-parte DAVID MUTISYA MULANDI [2006] KEHC 733 (KLR)

  ✦ The application is struck off with costs, and the Tribunal's decision is declared null and void.

  [2006] KEHC 733 (KLR) High Court of Kenya 22 June 2006

• DONHOLM RAHISI STORES v BARCLAYS BANK OF KENYA LTD & ANOTHER [2006] KEHC 2038 (KLR)

  ✦ The court orders a stay of proceedings in the case pending the hearing and determination of Civil Appeal No. 181 of 2005.

  [2006] KEHC 2038 (KLR) High Court of Kenya 22 June 2006

• PAUL GATHONGO RICHU v NAIROBI CITY COUNCIL [2006] KEHC 2061 (KLR)

  ✦ The preliminary objection is overruled

  [2006] KEHC 2061 (KLR) High Court of Kenya 22 June 2006

• MODERN DISTRIBUTORS LIMITED v NDUNGU NJERU t/a NDUNGU NJERU FILLING STATION [2006] KEHC 1956 (KLR)

  ✦ The plaintiff is entitled to have the defendant's defence struck out and judgment entered for the plaintiff for the sum of Kshs 459,649/50 (less Kshs 90,000/= which the defendant proved that he had paid to the plaintiff), interests, and costs.

  [2006] KEHC 1956 (KLR) High Court of Kenya 22 June 2006

• SAMMY MWAURA MWANGI v REPUBLIC [2006] KEHC 1940 (KLR)

  ✦ Allow the appeal, quash convictions and set aside sentences

  [2006] KEHC 1940 (KLR) High Court of Kenya 22 June 2006

• REPUBLIC v CHAIRMAN PROVINCIAL APPEALS COMMITTEE & 2 others Ex-parte GEDION MATHENDU WAMBUA [2006] KEHC 734 (KLR)

  ✦ The application is dismissed with costs as the Applicant did not seek the more efficacious order to have both decisions removed to the High Court for purposes of being quashed.

  [2006] KEHC 734 (KLR) High Court of Kenya 22 June 2006

• DILSHAD HASSANALI MANJI v HASSANALI VASANJI MANJI [2006] KEHC 2066 (KLR)

  ✦ The preliminary objection as to the validity of the affidavit sworn by Dilshah Hassanali Manji on 19th June, 1998 is dismissed with costs.

  [2006] KEHC 2066 (KLR) High Court of Kenya 22 June 2006

• PETERSON NDAMBIRI KARAGU, DANIEL MURIUKI, JOHN KARANJA MWANGI, JOHN LOUIS MACHARIA & others v KERUGOYA/KUTUS MUNICIPAL COUNCIL (Civil Case 35 of 2005) [2006] KEHC 2074 (KLR) (22 June 2006)

  ✦ The Plaintiffs' substantive claim does not show a prima facie case with a probability of success, and their applications are accordingly dismissed.

  [2006] KEHC 2074 (KLR) High Court of Kenya 22 June 2006

• MICHAEL MURAGE NJUNG’E v JOSEPH GATHANWA NJUNG’E [2006] KEHC 2029 (KLR)

  ✦ The court upheld the consent order regarding the valuation of the property and the distribution of shares.

  [2006] KEHC 2029 (KLR) High Court of Kenya 22 June 2006

• JOSHUA MWELESA KALWALE v UNION OF KENYA CIVIL SERVANTS & another [2006] KEHC 2088 (KLR)

  ✦ The application is dismissed with costs, as the court found that the objector was the same union as the Judgment Debtor and that the officials were the same at the time of deregistration and revival.

  [2006] KEHC 2088 (KLR) High Court of Kenya 22 June 2006

• In Re Nairobi Conveyors Limited [2006] KEHC 2043 (KLR)

  ✦ Petitioners' objections dismissed, company's objection dismissed, creditors granted leave to appear

  [2006] KEHC 2043 (KLR) High Court of Kenya 22 June 2006

• R.A.O v D.M.O [2006] KEHC 2063 (KLR)

  ✦ The marriage is dissolved, and the Petitioner is awarded costs and maintenance.

  [2006] KEHC 2063 (KLR) High Court of Kenya 22 June 2006

• BEN PANPHILL SIFUNA V HARAMBEE SAVINGS AND CREDIT SOCIETY LIMITED [2006] KEHC 2039 (KLR)

  ✦ The court sets aside the dismissal of the plaintiff's suit and awards costs to the defendant.

  [2006] KEHC 2039 (KLR) High Court of Kenya 22 June 2006

• REPUBLIC v JOSEPH MATHERI NJAU & 5 OTHERS [2006] KEHC 1937 (KLR)

  ✦ The Accused are found 'Not Guilty' of Murder in Counts I, II, III, and IV.

  [2006] KEHC 1937 (KLR) High Court of Kenya 22 June 2006

• In Re the Estate of Ashford Njuguna (Deceased) [2006] KEHC 2030 (KLR)

  ✦ The application for leave to appeal is dismissed. The judgment, decree, and order of the High Court are not final and an appeal does not lie from them.

  [2006] KEHC 2030 (KLR) High Court of Kenya 22 June 2006