Kenyan case law

LYDIA NYAMBURA KARIUKI v MWANGI KARIUKI [2008] KEHC 2177 (KLR)

✦ The court finds the plaintiff is the registered owner and grants judgment for the plaintiff with costs.

PAUL KIRANTO OLE YIALLE v JONATHAN MUREME MUNTET & 2 others [2008] KEHC 2178 (KLR)

✦ The ex-parte judgment is set aside as the alternative claim was not a liquidated claim.

REPUBLIC v MBAI MULI & 2 others [2008] KEHC 2027 (KLR)

✦ The court finds the prosecution did not meet the burden of proof and the dying declaration was unreliable, thus acquitting the accused of murder.

JAMES JAMWA NDEDA v DORINE ALUOCH OLUOCH [2008] KEHC 1723 (KLR)

✦ The application for a temporary injunction is dismissed with costs.

ANGELA WAIRIMU GITHI v CHARLES WAHOME GETHI [2008] KEHC 1168 (KLR)

✦ The application is dismissed as it is unlawful to utilize the police in civil actions for the purpose of effecting or aiding private evictions or reinstatements.

ALFRED EFUMBI v REPUBLIC [2008] KEHC 2024 (KLR)

✦ The court finds that the state has failed to discharge the obligation of satisfying the court that the appellant was taken to court as soon as was reasonably practicable, resulting in an acquittal.

Republic v Mbai Muli & 2 others [2008] KEHC 2462 (KLR)

✦ The court finds that the prosecution did not meet the burden of proof to establish the accused's guilt beyond reasonable doubt and that the dying declaration of the deceased was unreliable. The accused are hereby acquitted of the offence of murder.

SALIM MOHAMMED MAKASHA v JAMES NJOROGE MBATIA T/A JOYLAND AUCTIONEERS & another [2008] KEHC 2045 (KLR)

✦ The judge disqualifies himself from delivering the ruling and hearing any other matter in the file, and directs the judge who will hear the matter to give directions regarding the fate of the proceedings.

David Karanja Kiberenge & another v Jeniffer Njoki & another [2008] KEHC 2047 (KLR)

✦ The court finds in favor of the plaintiffs, granting a permanent injunction and ruling that the defendants have no right to occupy the land.

REPUBLIC v OFFICER IN CHARGE G. K. PRISON ELDORET [2008] KEHC 1976 (KLR)

✦ The Court dismisses the application with costs to the Respondent and discharges the order of stay.

MWANIKI NGIRI v ROBERT MWANIKI GUKEMBA [2008] KEHC 2298 (KLR)

✦ Application for leave to engage another counsel is denied. The plaintiff must first sort out his pending issues with his current counsel.

LYDIA WANJIRU KAGIRI v FRANCIS WAITHAKA KIRIU & another [2008] KEHC 1817 (KLR)

✦ Summary judgment granted in favor of the plaintiff, and the defendants are ordered to give vacant possession of the land and forfeit the sums paid towards the deposit.

CLEMENT KUGURU MBUGUA v KAMAU NJUGUNA & 2others [2008] KEHC 1803 (KLR)

✦ Leave to appeal out of time is granted, and the appeal must be filed within 14 days from the date of the judgment.

MOHAMED SAID SHIMACY v AHMED MOHAMED ABDULKADIR & another [2008] KEHC 1046 (KLR)

✦ Documents filed by Y.A. Ali & Co. Advocates as of 6th September 2005 up to 5th June 2008 are struck out and expunged from record. The firm of Y.A. Ali & Co. Advocates validly came on record to appear for the plaintiff as of 5th June 2008.

REPUBLIC v ARAFAT DAUDI [2008] KEHC 2489 (KLR)

✦ The court dismisses the accused's application to challenge the legality of the proceedings, finding that the application comes too late and lacks merit.

MOHAMED H. KHIMJI v REPUBLIC [2008] KEHC 1409 (KLR)

✦ The court grants the appellant's application for a stay of execution of the order allowing prosecution of the judgment, pending the hearing and determination of the appeal, on condition that the appellant deposits Kshs.20,000/- within 15 days.

ALEX ODUOR ONYANGO & OTHERS v REPUBLIC [2008] KEHC 1996 (KLR)

✦ The convictions are quashed and sentences set aside. Appellants are set free.

EVANS LUVUSA MALANDE v REPUBLIC [2008] KEHC 2033 (KLR)

JASON MUNGAI KAMAU v JANE WANJIRU KAMAU & 4 OTHERS [2008] KEHC 1827 (KLR)

✦ The application is dismissed with costs to the respondents

BAYER EAST AFRICA LIMITED v EXPRESS KENYA LIMITED [2008] KEHC 1947 (KLR)

✦ The court held that the defendant is a common carrier and is therefore liable for the loss of the goods. The plaintiff's suit was not filed after the statutory limitation period.

CO-OPERATIVE BANK OF KENYA v MILLICENT GATHONI KABIA & 3 OTHERS [2008] KEHC 2312 (KLR)

✦ The court sets aside the order of 14th April 2008 and orders that the appeal proceed for hearing afresh.

NYAGA MUCHIRI & another v THOMAS NJIRU KANYUNGA & another [2008] KEHC 1922 (KLR)

✦ The court dismisses the application and directs that each party bear their own costs.

CHARLES MUCHEMI KARIUKI v MOSES GATHIRIMU KIMARI [2008] KEHC 2308 (KLR)

✦ The Central Province Appeals Committee Award dated 3rd December 1998 is hereby set aside. The appellant is awarded costs of this appeal.

SIMON WAMBUGU NDERITU v REPUBLIC [2008] KEHC 1615 (KLR)

✦ The sentence imposed is set aside and commuted to the term already served.

MK V GND [2008] KEHC 1398 (KLR)

✦ The marriage is dissolved, and a decree nisi is issued. The respondent is ordered to pay alimony and costs.