Kenyan case law

• MOHAMMED OSMAN MAALIM v EURO BANK LIMITED [2006] KEHC 2139 (KLR)

  ✦ Judgment is entered for the defendant on the counterclaim for kshs 20,023,044.07 with interest at 34% per annum compounded from 1st June 2002 until payment in full. The plaintiff's case is dismissed with costs to the defendant.

  [2006] KEHC 2139 (KLR) High Court of Kenya 19 June 2006

• REPUBLIC v DARMI KALICHA & another [2006] KEHC 2051 (KLR)

  ✦ The appeal is dismissed as the case had too many defects and the prosecution could not prove the respondents handled the stolen items.

  [2006] KEHC 2051 (KLR) High Court of Kenya 19 June 2006

• NICHOLAS MOCHAGE & ANOTHER v TRENDY MOBILES LTD & ANOTHER [2006] KEHC 2083 (KLR)

  ✦ The application is dismissed with costs to the respondents.

  [2006] KEHC 2083 (KLR) High Court of Kenya 19 June 2006

• REPUBLIC v DAVID MWAI GATIMU [2006] KEHC 2184 (KLR)

  ✦ The court finds the accused not guilty of murder and acquits him.

  [2006] KEHC 2184 (KLR) High Court of Kenya 19 June 2006

• CHARLES WAINAINA NJEHIA v BARCLAYS BANK OF KENYA [2006] KEHC 2062 (KLR)

  ✦ The application is dismissed with costs to the defendant

  [2006] KEHC 2062 (KLR) High Court of Kenya 19 June 2006

• DEDAN NDIRANGU MAINA & another v RUTH WANJIKU MAINA & another [2006] KEHC 2012 (KLR)

  ✦ The distribution of the estate was unfair and was set aside. The estate will be distributed equally among the deceased's sons and the surviving widow.

  [2006] KEHC 2012 (KLR) High Court of Kenya 19 June 2006

• REPUBLIC v KYUSYA KIVWIA [2006] KEHC 1708 (KLR)

  ✦ The court finds no evidence linking the accused with the murder and thus acquits him.

  [2006] KEHC 1708 (KLR) High Court of Kenya 19 June 2006

• REPUBLIC v G.K MEENYE t/a MEENYE & KIRIMA, ADVOCATES (Formerly MEENYE & CO. ADVOCATES & another Ex-parte NEWTON KOGI KIBURI [2006] KEHC 2035 (KLR)

  ✦ The Court dismissed the preliminary objection and the application for commitment to civil jail for contempt of court.

  [2006] KEHC 2035 (KLR) High Court of Kenya 18 June 2006

• Joseph Mujibi Ouma V National Cereals & Produce Board & 2 OTHERS [2006] KEHC 1424 (KLR)

  ✦ The plaintiff's action is dismissed with costs to the 1st and 2nd defendants.

  [2006] KEHC 1424 (KLR) High Court of Kenya 16 June 2006

• REPUBLIC v MANDERA TOWN COUNCIL Ex-parte ABDOW ISSACK [2006] KEHC 1932 (KLR)

  ✦ The court finds that the applicant was not lawfully retired in 2002 and that the Respondent breached the rules of national justice by denying him a hearing.

  [2006] KEHC 1932 (KLR) High Court of Kenya 16 June 2006

• PAUL MULELA v VINCENT WAMBUA MULI [2006] KEHC 1470 (KLR)

  ✦ The trial court found that the plot belonged to the respondent, who had purchased it from the appellant for Kshs. 25,000, with Kshs. 11,500 remaining unpaid. The court dismissed the claim for damages for trespass.

  [2006] KEHC 1470 (KLR) High Court of Kenya 16 June 2006

• FRANCIS GITHINJI KAROBIA v STEPHEN KAGENI GITAU [2006] KEHC 2148 (KLR)

  ✦ The application is dismissed. The Defendant was entitled to bring the application, and the costs are awarded to him.

  [2006] KEHC 2148 (KLR) High Court of Kenya 16 June 2006

• MARK AGOLA ABONYO v REPUBLIC [2006] KEHC 1904 (KLR)

  ✦ The application is allowed, the orders made on January 17, 2006 are set aside, and the application dated September 21, 2004 is reinstated to be heard on merits. The applicants will bear the costs.

  [2006] KEHC 1904 (KLR) High Court of Kenya 16 June 2006

• PETERSON MARUI GITHINJI v JAMES MURIUKI GUTU [2006] KEHC 2182 (KLR)

  ✦ The appeal is allowed, the interlocutory injunction is set aside, and the application is dismissed

  [2006] KEHC 2182 (KLR) High Court of Kenya 16 June 2006

• BARCLAYS BANK (K) LTD v SIMON MURUCHI THIGA [2006] KEHC 2156 (KLR)

  ✦ The court is not satisfied that similar questions of law or fact are involved in these two suits and therefore refuses the application for consolidation.

  [2006] KEHC 2156 (KLR) High Court of Kenya 16 June 2006

• BAIBA DHIDHA MJIDHO v VAN LEER EAST AFRICA LTD. (GREIF (K) LTD.) (A BUSINESS OF GREIF BROS CO-OP) [2006] KEHC 1686 (KLR)

  ✦ An order of stay pending appeal is granted, conditioned on the defendant providing a bank guarantee for Kshs.7,685,420/85 within 45 days.

  [2006] KEHC 1686 (KLR) High Court of Kenya 16 June 2006

• REPUBLIC v KENYA BUREAU OF STANDARDS & 2 others [2006] KEHC 2118 (KLR)

  ✦ Application dismissed with costs

  [2006] KEHC 2118 (KLR) High Court of Kenya 16 June 2006

• REPUBLIC v MINISTER OF CO-OPERATIVE DEVELOPMENT AND MARKETING, COMMISSIONER FOR CO-OPERATIVE DEVELOPMENT, ATTORNEY GENERAL & DISTRICT CO-OPERATIVE OFFICER – THIKA Ex-parte 3GS COFFEE GROWERS CO- OPERATIVE SOCIETY LIMITED, KANYONI FARMERS CO-OPER (? 1700 of 2004) [2006] KEHC 2117 (KLR) (16 June 2006)

  ✦ The court sets aside the consent order of 12th September, 2005 and costs are awarded to the original applicants in both judicial review applications.

  [2006] KEHC 2117 (KLR) High Court of Kenya 16 June 2006

• A.C.A. D’SOUZA & another v E.A.B. SOCIETY LTD [2006] KEHC 1684 (KLR)

  ✦ The motion is ordered dismissed with each party meeting its own costs

  [2006] KEHC 1684 (KLR) High Court of Kenya 16 June 2006

• ALI MZEE SAID & 3 OTHERS v MAWANI HARAMBEE COMMITTEE [2006] KEHC 1636 (KLR)

  ✦ The court ordered the defendants to surrender title documents to the plaintiffs' advocates.

  [2006] KEHC 1636 (KLR) High Court of Kenya 16 June 2006

• FULCHAND M SHAH v PANACHAND J. SHAH & OTHERS (Civil Suit 261 of 2004) [2006] KEHC 2125 (KLR) (16 June 2006)

  ✦ The court grants directions for personal service of summons and plaint on the 4th and 6th defendants, and grants the plaintiff liberty to apply for further directions.

  [2006] KEHC 2125 (KLR) High Court of Kenya 16 June 2006

• JOSEPH KIARIE MBUGUA & another v GARAM INVESTMENT LIMITED & another [2006] KEHC 2149 (KLR)

  ✦ A temporary injunction will issue to restrain the defendants from selling-off the property L. R. NO. NDUMBERI/NDUMBERI/T.307 until the hearing and determination of this suit.

  [2006] KEHC 2149 (KLR) High Court of Kenya 16 June 2006

• JOSEPH IRUNGU MWIHIKA v KEZIAH NJOKI KIMANI & another [2006] KEHC 2015 (KLR)

  ✦ The plaintiff has failed to establish on a balance of probabilities that he is entitled to the suit land

  [2006] KEHC 2015 (KLR) High Court of Kenya 16 June 2006

• MARK WACHIRA & 11 OTHERS v KENYA ROAD SERVICES LIMITED [2006] KEHC 1717 (KLR)

  ✦ The court granted the injunction.

  [2006] KEHC 1717 (KLR) High Court of Kenya 16 June 2006

• REPUBLIC v DISTRICT LAND ADJUDICATION AND SETTLEMENT OFFICER TRANSMARA DIVISION & 2 OTHERS Ex-parte SILFANUS OJALO OGUTU [2006] KEHC 80 (KLR)

  ✦ The court allows the application and sets aside its orders made on October 4, 2005.

  [2006] KEHC 80 (KLR) High Court of Kenya 16 June 2006