Kenyan case law

REPUBLIC V BERNARD KILIRU SENERWA [2009] KEHC 1813 (KLR)

✦ The court finds that the accused was brought to court as reasonably practicable and that the delay in bringing him to court was satisfactorily explained. The Preliminary Point is dismissed.

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.

CHERUIYOT CHEPKWONY v SARAH CHESIELE BARTA & another [2009] KEHC 1077 (KLR)

REPUBLIC v MOSES KIPRONO NGENO & another [2009] KEHC 755 (KLR)

✦ Accused No. 2 is acquitted, accused No. 1 is convicted

KENNEDY MUSYOKI KITUKU v REPUBLIC [2009] KEHC 1665 (KLR)

✦ The appeal is successful, conviction and sentence are quashed, and the Appellant is released

JOHN NJUGUNA MUGO v D T DHOBIE & COMPANY (KENYA) LIMITED [2009] KEHC 1696 (KLR)

✦ The Plaintiff will pay costs to the Defendant as ordered on 3rd March 2009 minus 'getting up fees'. The Chamber Summons is hereby marked settled.

REPUBLIC v SAMMY KIPRONO SIGEI & 7 others [2009] KEHC 754 (KLR)

✦ Accused No. 4, Simeon Kipkirui Langat, is found guilty of murder and sentenced to death.

ONESMUS MWANDIMA MWAKURU v REPUBLIC [2009] KEHC 1667 (KLR)

✦ The appeal is dismissed in its entirety. The conviction and sentence are confirmed.

REPUBLIC v GEOFFREY KIBET ROTICH [2009] KEHC 170 (KLR)

✦ The court finds the accused guilty of murder and sentences him differently due to his age.

LAWRENCE KARIMI V REPUBLIC [2009] KEHC 2627 (KLR)

✦ The appeal is dismissed on conviction, and the sentence is set aside and substituted with the sentence already served.

MARANGU M’MUKINDIA KIIRI V REPUBLIC [2009] KEHC 2252 (KLR)

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

JESCA KAARI MUTWIRI MWANGI V FARA SAID HASSAN AND ANOTHER [2009] KEHC 2447 (KLR)

✦ The 1st Defendant was acting on behalf of the 2nd Defendant for vicarious liability to attach, and the Plaintiff's injuries and damages are compensable.

Pius Lawrence v Metallica Engineering Industries Limited [2009] KEHC 1957 (KLR)

✦ The plaintiff's application lacks merit and is hereby dismissed with costs to the 2nd defendant.

Jagjivan Singh & another v Southern Credit Banking Corporation Ltd [2009] KEHC 868 (KLR)

✦ The application is dismissed with costs to the defendant.

IN THE MATTER OF ADOPTION OF EIM alias JW [2009] KEHC 2218 (KLR)

✦ The court finds that the Applicants are competent to adopt the child and that the child is suitable for adoption. The court authorizes the adoption and appoints H.K Van B as the child's legal guardian.

LUCY WAITHERA MWANGI & 2 others v STEPHEN KIMANGA & 5 others [2009] KEHC 3226 (KLR)

✦ The application is dismissed with costs

New Nyamakima Company Limited v Jeremiah Waweru Mwangi & 5 others [2009] KEHC 1608 (KLR)

✦ The application is dismissed with costs to the defendants.

IN THE MATTER OF ADOPTION OF AW & DR. AKT [2009] KEHC 4206 (KLR)

✦ The court grants the adoption of the child by the applicant

In Re The Estate of Stanley Kipkemoi Chepkwony (Deceased) [2009] KEHC 848 (KLR)

✦ Letters of grant of administration intestate were confirmed. Estate was apportioned among the minor children, with a portion invested in an interest-earning account. Costs were awarded to the estate.

Benjoh Amalgamated Limited v Halkano Molu & 4 others [2009] KEHC 1695 (KLR)

✦ The plaintiff's suit is struck out and the defendants are granted costs.

ESTHER CHEPKIRUI NGENO v ESTHER CHELELGO NGENO [2009] KEHC 72 (KLR)

✦ The application for De Bonis non is allowed, and John Cheruiyot Bett is appointed as the administrator in place of Esther Ng’eno – Chepkirui.

LUCY WANGITHI MUGAI v REPUBLIC [2009] KEHC 2630 (KLR)

✦ The appeal lacks merit and is dismissed.

CHRISTINE WANGARI GACHECHE v ELIZABETH WANJIRA EVANS & 2 others [2009] KEHC 1796 (KLR)

✦ The application to dismiss the suit for want of prosecution is dismissed as the 1st defendant had not complied with discovery on her part.

IN RE THE MATTER OF THE ESTATE OF JACKSON KIPROTICH TERER (DECEASED) (Succession Cause 184 of 2007) [2009] KEHC 114 (KLR) (31 July 2009) (Ruling)

✦ The estate will be held by the two surviving widows in trust of the children and having a life interest. No sale of property is allowed without court leave.

NELSON KIPROTICH LANGAT v REPUBLIC [2009] KEHC 1795 (KLR)

✦ Leave to appeal out of time is granted, and the applicant is given 14 days to file the appeal.