Kenyan case law

KAVUVU MULI v REPUBLIC [2012] KEHC 1534 (KLR)

✦ The appeal is allowed, conviction quashed, and the appellant is set at liberty.

JOHN GICHERU KARIUKI V REPUBLIC [2012] KEHC 81 (KLR)

✦ The conviction is quashed, the sentence set aside, and the appellant set at liberty unless otherwise lawfully held.

MURGIAN TRANSPORT LTD V HUNKAR TRADING COMPANY LTD [2012] KEHC 5885 (KLR)

✦ Application for review of the decree is dismissed with costs to the Plaintiff.

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.

Kenya Tanzania Uganda Leasing Limited v Mukenya Ndunda & another [2012] KEHC 2188 (KLR)

✦ The Plaintiff's case is upheld, and the 2nd Defendant is ordered to pay Kshs.3 million in damages and to release the motor vehicle titles within 30 days or pay Kshs.300,000.

DOUGLAS MWANGI MUTERU V HOSEA NDERI KAREITHI [2012] KEHC 1595 (KLR)

✦ The application for stay of execution pending appeal is dismissed with costs to the Respondents, but a stay of execution for 14 days is granted to enable the Applicant file an application for stay of execution in the Court of Appeal.

KILIMANI JUNIOR ACADEMY LIMITED V S.M. NZIOKI T/A NZIOKI TAX CONSULTANTS [2012] KEHC 5865 (KLR)

✦ The court declines to grant the motion and dismisses it with costs.

ALVIN KAMANDE NJENGA V REPUBLIC [2012] KEHC 5917 (KLR)

✦ The court declines to grant the prayer for reinstatement of bail and finds the application for stay of proceedings in Limuru Cr. Case No. 1132 of 2010 spent.

PETER PAUL MUTHOKA v FRANCIS KIBIBA LELO [2012] KEHC 2080 (KLR)

✦ The Defendant's defence is struck out and judgment entered for the Plaintiff as prayed in the plaint.

NGIKI MUTETI & ANOTHER V BONIFACE MAWEU KALELI [2012] KEHC 2235 (KLR)

✦ Objector purchased 5 acres from Deceased, not 5 hectares

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

BENJAMIN MUTUNGA MULUVI V REPUBLIC [2012] KEHC 1922 (KLR)

✦ The appeal is dismissed in its entirety as there is no merit to the appeal.

NDEGWA KAMAU v JAMES OSHOMU NANAPU (Miscellaneous Application 267 of 2010) [2012] KEHC 2168 (KLR) (28 September 2012) (Ruling)

✦ The application for extension of time to apply for judicial review is allowed.

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

✦ The accused is convicted of murder.

DICKSON MUKWE LUKEINE (PETITIONING ON HIS OWN BEHALF AND ON BEHALF OF THE RESIDENTS OF OLDERKESI ADJUDICATION SECTION) v ATTORNEY GENERAL & 4 others [2012] KEHC 5474 (KLR)

✦ The court does not grant conservatory orders as the adjudication process is ongoing and the petitioners' claims are vague.

MUVENGEI MATANGA V REPUBLIC [2012] KEHC 1029 (KLR)

✦ The conviction and sentence are set aside due to the invalidity of the trial under the repealed section 145(2) of the Penal Code.

MN V RMM & 2 others [2012] KEHC 1908 (KLR)

✦ The appeal is dismissed with costs to the respondent, and the case is remanded to the Senior Resident Magistrate Court for expeditious hearing.

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.

ALICE NJOKI WAITIKI & 4 others v MOSES NDUNGU MUNGA & another [2012] KEHC 2137 (KLR)

✦ Leave to amend the plaint is granted

BONIFACE MUENDO MWANTHI V REPUBLIC [2012] KEHC 2161 (KLR)

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

REPUBLIC V CHAIRMAN LAND DISPUTES APPEALS COMMITTEE AT EMBU & ANOTHER EX PARTE KYANIA THUKA [2012] KEHC 2231 (KLR)

✦ Preliminary objection is overruled with costs to the Ex Parte Applicant

REPUBLIC V LAND DISPUTES TRIBUNAL, NGONG DIVISION & 2 OTHERS [2012] KEHC 2172 (KLR)

✦ The decision of the Tribunal was made without jurisdiction and was illegal ab initio, thus the application for judicial review is allowed.

JOSEPHINE NTHUKA V REPUBLIC [2012] KEHC 1568 (KLR)

✦ The appeal is allowed, conviction quashed, and the sentence imposed set aside. The appellant should be set at liberty.

IN THE MATTER OF BABY A.R [2012] KEHC 2152 (KLR)

✦ The adoption order sought is granted. The Child's name shall be DMM. His date of birth is 12th September 2007, and he was born in Kenya.