Kenyan case law

• REPUBLIC V PAUL MUIGAI NDUNGI [2009] KEHC 2245 (KLR)

  ✦ The accused is found guilty of murder.

  [2009] KEHC 2245 (KLR) High Court of Kenya 28 July 2009

• REPUBLIC V RICHARD GATHIRI GATOYA & ANOTHER [2009] KEHC 2971 (KLR)

  ✦ The applicant's constitutional rights were not violated as the court found the delay was not inordinate and the applicant was taken to court as soon as was reasonably practicable.

  [2009] KEHC 2971 (KLR) High Court of Kenya 28 July 2009

• DANIEL KIMANI & 3 others v CECILIA NABALAYO & another [2009] KEHC 211 (KLR)

  ✦ The court grants the stay of execution pending the appeal, with the appeal to be heard within 12 months.

  [2009] KEHC 211 (KLR) High Court of Kenya 28 July 2009

• PETER MANYARA NDUNGU & another v PATRICK MUGENDI MAGIRI [2009] KEHC 2528 (KLR)

  ✦ Application dismissed with costs

  [2009] KEHC 2528 (KLR) High Court of Kenya 28 July 2009

• CAROLINE ANYANGO ONYANGO V JASON MAINGI [2009] KEHC 4202 (KLR)

  ✦ The Plaintiff has failed to prove she has met the standards required for granting an injunction and has failed to demonstrate a prima facie case with a probability of success.

  [2009] KEHC 4202 (KLR) High Court of Kenya 28 July 2009

• DANIEL LUTTA V REPUBLIC [2009] KEHC 2195 (KLR)

  ✦ The Petitioner's rights to be arraigned in court within 14 days after arrest as enshrined in Section 72 (3) of the Constitution were infringed. However, that infringement would not lead to the setting free of the Petitioner. The Petitioner will be accorded a fair trial as provided by section 77 of the Constitution which trial should not be held to be unfair due to the detention of the Petitioner for more than 14 days.

  [2009] KEHC 2195 (KLR) High Court of Kenya 28 July 2009

• KENNEDY OCHIENG ORWA v DANIEL OMONDI OMOLLO & OTHERS [2009] KEHC 2517 (KLR)

  ✦ The plaintiff is entitled to summary judgment and a permanent injunction restraining the defendants from trespassing on the suit land.

  [2009] KEHC 2517 (KLR) High Court of Kenya 28 July 2009

• JULIUS WANGO OLARE V REPUBLIC [2009] KEHC 2191 (KLR)

  ✦ Application lacks merit, Petitioner's rights were not infringed, case should proceed for hearing

  [2009] KEHC 2191 (KLR) High Court of Kenya 28 July 2009

• ERICK NYAE v REPUBLIC [2009] KEHC 1668 (KLR)

  ✦ The Appellant's appeal is dismissed in its entirety. The conviction and sentence of the lower court are hereby confirmed.

  [2009] KEHC 1668 (KLR) High Court of Kenya 28 July 2009

• REPUBLIC V DAVID MWANDO KULALI [2009] KEHC 2978 (KLR)

  ✦ The accused is hereby set free and shall be at liberty unless otherwise lawfully held.

  [2009] KEHC 2978 (KLR) High Court of Kenya 28 July 2009

• DEVJI LALJI & 4 others v ABDULAZIZ JUMA OMAR [2009] KEHC 3277 (KLR)

  ✦ Application is incompetent and is struck out with costs

  [2009] KEHC 3277 (KLR) High Court of Kenya 28 July 2009

• JOHN DUFFY v NEW OCEAN TRANSPORT & another [2009] KEHC 1620 (KLR)

  ✦ The Plaintiff has the right to institute the suit in Nairobi. The balance of convenience does not justify a transfer of the suit from Nairobi to Mombasa.

  [2009] KEHC 1620 (KLR) High Court of Kenya 28 July 2009

• LEENA APPARELS LIMITED v MWATHA MULWA [2009] KEHC 2052 (KLR)

  ✦ The court dismissed the appellant's application to set aside the ex-parte judgment entered against it for non-attendance, holding that a regular judgment had been entered against the appellant and there was no reason to interfere.

  [2009] KEHC 2052 (KLR) High Court of Kenya 28 July 2009

• GILBERT MOORE TITUS OTTIENO v KHAMISI BAGHAZAL & 2 others [2009] KEHC 3355 (KLR)

  ✦ The court declines to grant the prayers sought for, as the Plaintiff's suspension/expulsion was in accordance with the Association's constitution and principles of natural justice, and the injury likely to be suffered can be compensated by way of damages.

  [2009] KEHC 3355 (KLR) High Court of Kenya 28 July 2009

• BONFACE KEVIN OMONDI & ANOTHER V MALBOROUGH PROPERTIES LTD [2009] KEHC 3056 (KLR)

  ✦ The court granted the application for an interim injunction.

  [2009] KEHC 3056 (KLR) High Court of Kenya 28 July 2009

• JONATHAN KIRUI v RICHARD KIMUTAI CHOGE [2009] KEHC 907 (KLR)

  ✦ The confirmed grant issued on 26th July, 1999 is hereby revoked

  [2009] KEHC 907 (KLR) High Court of Kenya 27 July 2009

• AGA KHAN EDUCATION SERVICE, KENYA V KUTOLA CHILLO KOTOT [2009] KEHC 2558 (KLR)

  ✦ The appellant is not liable for the respondent's injuries as the respondent voluntarily accepted the risk of the job and there was no evidence of the appellant's negligence.

  [2009] KEHC 2558 (KLR) High Court of Kenya 27 July 2009

• JANE WANJA MIANO v DISTRICT LAND REGISTRAR KIRINYAGA (Miscellaneous Civil Application 100 of 2005) [2009] KEHC 2232 (KLR) (27 July 2009) (Ruling)

  ✦ The notice of motion seeking orders of mandamus must fail and is dismissed with costs.

  [2009] KEHC 2232 (KLR) High Court of Kenya 27 July 2009

• ANWARALI & BROTHERS LIMITED v MICHAEL MBURU GITAU [2009] KEHC 1618 (KLR)

  ✦ The appeal is dismissed, and the judgment of the Principal Magistrate is confirmed.

  [2009] KEHC 1618 (KLR) High Court of Kenya 27 July 2009

• M. A. BAYUSUF & SONS LTD V AGNES WANGARI WAMBUGU [2009] KEHC 3070 (KLR)

  ✦ The court finds the deceased 100% liable for the accident and the defendant (deceased's estate) is liable to the plaintiff for damages.

  [2009] KEHC 3070 (KLR) High Court of Kenya 27 July 2009

• BENSON WAMBUA MBUVI V REPUBLIC [2009] KEHC 2934 (KLR)

  ✦ The appeal is allowed, conviction and sentence quashed, and the appellant is ordered retried on the alternative charge of indecent acts with a child.

  [2009] KEHC 2934 (KLR) High Court of Kenya 27 July 2009

• MATHEWS ONYANGO MITERE v AGGREY MULURE [2009] KEHC 210 (KLR)

  ✦ The court gives the plaintiff a last chance to proceed with the case within the next 12 months from the date of the order. If the plaintiff fails to do so, the suit will be automatically dismissed for want of prosecution.

  [2009] KEHC 210 (KLR) High Court of Kenya 27 July 2009

• REPUBLIC v MWEA LAND DISPUTES TRIBUNAL [2009] KEHC 2238 (KLR)

  ✦ The award is quashed due to lack of jurisdiction of the Land Disputes Tribunal and the addition of names in the Title Deeds.

  [2009] KEHC 2238 (KLR) High Court of Kenya 27 July 2009

• A.K.M.M v E.M. M [2009] KEHC 2544 (KLR)

  ✦ Maintenance order of Kshs. 2,000 per month is made, to be deducted from the Respondent's salary.

  [2009] KEHC 2544 (KLR) High Court of Kenya 27 July 2009

• PATRICK KITHI NGOMBO V REPUBLIC [2009] KEHC 2953 (KLR)

  ✦ The appeal is dismissed as the sentence imposed was neither harsh nor manifestly excessive.

  [2009] KEHC 2953 (KLR) High Court of Kenya 27 July 2009