Kenyan case law

Charles Odhiambo Alias Omera v Republic [2013] KEHC 2005 (KLR)

✦ The appeal by the 1st appellant is allowed, and the 1st appellant shall be set at liberty. The appeal on conviction and sentence on the count of robbery with violence for the 2nd appellant is set aside. The 2nd appellant is found guilty of the offence of handling stolen property and sentenced to serve five (5) years imprisonment.

Joseph Abtalia v Republic [2013] KEHC 2001 (KLR)

✦ The sentences for handling stolen property are varied to run concurrently, reducing the appellant's sentence to five years.

Arthun Mshila Manga v Republic [2013] KEHC 1989 (KLR)

✦ The conviction is safe and the imprisonment term is legal.

Philemona A. Mukhaya v Republic [2013] KEHC 2011 (KLR)

✦ The sentence is reviewed to 3 months imprisonment for both burglary and stealing, to run concurrently.

Republic V Nicholas Nduhi Chasimba Alias Ocs [2013] KEHC 639 (KLR)

✦ The appeal is dismissed. The evidence of identification is considered sufficient, the parade was conducted properly, and the appellant's fundamental rights were not violated.

Erastus Itije M'Mutirithia v M'Mbui M'Elong'i [2013] KEHC 926 (KLR)

✦ The Court allowed the defendant to call one witness, the District Land Adjudication Officer, with the condition that the witness statement be filed and served upon the defendant within 21 days.

J .S .M v D. I. S [2013] KEHC 6690 (KLR)

✦ The court denied the Respondent's application to stay proceedings and transfer the cause, and instead ordered consolidation of the two causes.

Kangatta Properties Co. Limited v Charity Njeri (T/A Winacom Crossline Suppliers) & 5 others [2013] KEHC 6742 (KLR)

✦ The High Court lacks jurisdiction to hear landlord and tenant disputes and the suit should be transferred to the Environment and Land Court

Elisha Chebii Chesinya v Dennis W. Michuki [2013] KEHC 1387 (KLR)

Mary Wangari Mwangi v John Omondi Ogutu & 2 others [2013] KEHC 6746 (KLR)

✦ The petition is dismissed with costs to the Respondents. John Omondi Ogutu was validly elected as MP for Embakasi East Constituency.

Republic v Francis Faya Ochieng [2013] KEHC 1913 (KLR)

✦ The court rules that the prosecution has established a prima facie case against the accused and that he has a case to answer.

R S v B S [2013] KEHC 1946 (KLR)

✦ The marriage is dissolved, and a decree nisi is issued.

P J K v J K S [2013] KEHC 6696 (KLR)

✦ The Petitioner is entitled to reside in the suit property and the Respondent is restrained from interfering with her quiet occupation of the property

C W N v P K K [2013] KEHC 6694 (KLR)

✦ The court found the marriage to be null and void due to the Respondent's previous marriage.

David James Mbogo v Alfred C. Asikoyo & 3 others [2013] KEHC 1700 (KLR)

✦ The application cannot succeed as the eviction order was not a decree of the court but an order issued in furtherance of execution of a decree. The mistake of the Registrar should not be used to review the order.

B G P v K B B [2013] KEHC 1910 (KLR)

✦ The marriage is dissolved, and the Petitioner is ordered to continue housing and maintaining the Respondent and the children.

John Muriungi Mugwika v Charity Mpinda M'mugwika [2013] KEHC 939 (KLR)

✦ The Interlocutory Judgment is set aside, and the suit is to be heard on priority basis.

Cosmas Muriungi Thambo v District Land Adjudication Officer Tigania East District & another [2013] KEHC 916 (KLR)

✦ The Application by the Exparte Applicant is found incompetent and is dismissed with costs to the Interested Party and the Respondent.

In Re Baby R S N (Minor) [2013] KEHC 1943 (KLR)

✦ The court allows the applicants' application for adoption and orders that Baby R S N be adopted by B W K and B N N. The child shall be known as R N K, and F K, the brother of the 1st applicant, shall be the legal guardian of the child should such eventuality arise.

Beatrice Akomo Ongito v Republic [2013] KEHC 1962 (KLR)

✦ The court upheld the conviction but reduced the sentence.

Eldoret Express Co. Ltd v Tawai Ltd [2013] KEHC 1697 (KLR)

✦ The Court finds that the issues in this and the earlier suit are different and the application to strike out the suit lacks merit.

Moses Wanyama Masinde v Stephen Bwongo Wafula & another [2013] KEHC 1975 (KLR)

✦ The defendants are directed to vacate the suit property within 60 days from the date of service of this judgment upon them.

P A A W v P W O [2013] KEHC 1948 (KLR)

✦ The marriage is dissolved, and the Petitioner is granted custody of the youngest child.

Samuel Maina Gichohi v City Council of Nairobi [2013] KEHC 5989 (KLR)

✦ The court finds it necessary to join Cecilia Ngendo Mwangi as an interested party in the suit to enable the court to effectually and completely adjudicate upon and settle the issue.

Republic v Chairman Land Disputes Tribunal Ex-parte Henry Boyi Kawa & 2 others [2013] KEHC 2003 (KLR)

✦ The application was not made within the prescribed time frame and the interested party is not a proper party to the proceedings.