Kenyan case law

Ngui v Republic (Criminal Appeal 296 of 2010) [2012] KEHC 5491 (KLR) (28 September 2012) (Judgment)

REPUBLIC v THE CHIEF LAND REGISTRAR & another Exparte JAMES NJOROGE NJUGUNA [2012] KEHC 5514 (KLR)

✦ The court will not make specific findings on matters that may be determined at a later stage, and will only consider the issues of jurisdiction and service of the motion.

EDWARD BARASA v REPUBLIC [2012] KEHC 1528 (KLR)

✦ The appeal on sentence is allowed, and the sentence is commuted to the term served. The appellant is set at liberty.

IN THE MATTER OF BABY N [2012] KEHC 2174 (KLR)

✦ The adoption order is granted.

REPUBLIC V MARY NJOKI MAINA [2012] KEHC 2043 (KLR)

✦ The accused is found guilty of manslaughter contrary to Section 202 as read with Section 205 of the Penal Code

PARTY OF INDEPENDENT CANDIDATES OF KENYA v ATTORNEY GENERAL & 2 others [2012] KEHC 5853 (KLR)

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

MALOMBE NZILA V MUINDI MUSILI [2012] KEHC 2111 (KLR)

✦ The appeal will be fixed for hearing in Machakos.

MERCANTILE INSURANCE CO. LTD AND MOHAMMAD HASSIM PONDOR V PREP SAFARIS INTERNATIONAL LIMITED & ANOTHER [2012] KEHC 5882 (KLR)

✦ The ex parte judgment is set aside as there was no proper service of summons to enter appearance.

REPUBLIC V DANIEL KIPYETON [2012] KEHC 2032 (KLR)

✦ The accused is found guilty of murder

REPUBLIC V MUSILI TULO [2012] KEHC 1831 (KLR)

✦ The accused is convicted of murder.

MWANDIKWA MUSUNZA V REPUBLIC [2012] KEHC 2126 (KLR)

✦ The conviction is quashed and the sentence set aside. The Appellant is set at liberty.

ABDI AHMED JAMA & 3 OTHERS V HALIMA HASSAN MOHAMMED & 4 OTHERS [2012] KEHC 5859 (KLR)

✦ The court granted prayers 8 and 9 of the application, allowing an injunction to restrain the defendants from selling, disposing of, or interfering with the properties, and directing that all proceeds from the sale be deposited in an escrow account.

LARSEN & TOUBRO LIMITED v COMMISSIONER OF DOMESTIC TAXES [2012] KEHC 2146 (KLR)

✦ The order directing the leave to operate as a stay is amendable to review

MARY MUTHONI WAMBUI v REPUBLIC [2012] KEHC 1949 (KLR)

✦ The sentence imposed by the trial court is set aside, and a probation report is ordered to determine the most appropriate sentence.

Republic V Minister for Lands, Housing and Settlement exparte James Katiwa Sila [2012] KEHC 2236 (KLR)

✦ The application for certiorari is dismissed with costs to the Interested Party.

JOSEPHINE NTHENYA MWANIA v KINGOO MUTUNYU & another [2012] KEHC 2249 (KLR)

✦ The preliminary objection is misconceived and is overruled with costs to the Plaintiff.

BERNARD MUTETI MAWEU v PENINAH MUSEMBI [2012] KEHC 1025 (KLR)

✦ The Appellant's application to set aside the order of arrest and committal to civil jail is refused. The Appellant's application for a stay of execution of the decree pending appeal is also refused.

REPUBLLIC V KAJIADO DISTRICT LAND DISPUTE TRIBUNAL & 2 OTHERS EXPARTE MONICA WANJIKU MIRINGU [2012] KEHC 1432 (KLR)

✦ The application is dismissed with costs to the 3rd respondent.

MBITHI KILONZO V REPUBLIC [2012] KEHC 1923 (KLR)

✦ The conviction and sentence are quashed, and the appellant is set at liberty.

MUNICIPAL COUNCIL OF MACHAKOS V FREDRICK MUTUA MULINGE (t/a MACHAKOS UNIFORMS) [2012] KEHC 2291 (KLR)

✦ The lower court's judgment was upheld, and the Respondent was granted a permanent injunction and a refund.

REPUBLIC v REINOS KIPTOO CHIRCHIR [2012] KEHC 1842 (KLR)

✦ The court finds that the accused has a case to answer and reminds him of his statutory rights.

DAVID MUTUKU SILU v KYANA THUKA [2012] KEHC 2155 (KLR)

✦ It is not necessary for the record of appeal to contain a certified copy of the decree or order appealed against, as long as the judgment or ruling forms part of the record of appeal.

REPUBLIC V COSMAS NZUKI VALEKI [2012] KEHC 1832 (KLR)

✦ The court finds that the accused has a case to answer and reminds him of his statutory rights.

APOLLO ONYANGO NJAGO & ANOTHER V SAVINGS & LOAN KENYA LIMITED [2012] KEHC 1852 (KLR)

✦ The plaintiffs' application is dismissed with costs to the defendant.

JOSHUA KASINA V DISTRICT WORKS OFFICER, MWINGI & 3 OTHERS [2012] KEHC 1024 (KLR)

✦ The Town Clerk is in contempt of the order and will be committed to civil jail for six months unless he pays the decretal sum.