Kenyan case law

Phillister Chepkorom v Barasa Chepkorom [2014] KEHC 1942 (KLR)

✦ The appeal is allowed, the judgment in favor of the respondent is set aside, and the suit is dismissed. The respondent is not entitled to the eviction orders.

Japhtet M' Ikiara M'mbichu v Stephen Kiambi M'amakia & 5 others [2014] KEHC 241 (KLR)

✦ The court finds that cause has been shown as to why the suit should not be dismissed for lack of prosecution and directs the parties to comply with Order 11 CPR within 60 days and obtain a date for directions from the registry in the next term.

Cecilia Wangari Kimani & 2 others v John Gatungu & 2 others [2014] KEHC 8408 (KLR)

✦ The High Court has jurisdiction to transfer the succession cause from the Senior Resident Magistrate's Court to the High Court for further hearing and determination.

MEE & another v Republic [2014] KEHC 2002 (KLR)

✦ Convictions for gang rape are upheld, but conviction for deliberate HIV transmission is quashed.

Margaret Atieno Atinga & Roda Auma Atinga v Oure Solomon Atinga [2014] KEHC 1725 (KLR)

✦ The grant of letters of administration to the respondent is revoked

J W M v Republic [2014] KEHC 2232 (KLR)

✦ Conviction upheld, sentence set aside, and the appellant ordered to be set free unless otherwise lawfully held.

David Sifuna v Clerk County Assembly of Trans – Nzoia & another [2014] KEHC 2235 (KLR)

Mohan Galot & another v Attorney General & 4 others [2014] KEHC 1974 (KLR)

✦ The petition is dismissed as the issues raised have been determined by the High Court and can be appealed to the Court of Appeal.

Lavington Security Limited v Nairobi City Water & Sewerage Co. Ltd [2014] KEHC 8722 (KLR)

✦ The court orders that the balance of the decretal sum shall be paid in four equal instalments starting from 30th October, 2014 and thereafter at the end of each succeeding month until payment in full.

Lucy Wanjiku Gatere & 2 others (Suing as Officials and on behalf of Rurii Women Group) v Board of Governors Ruthimitu Secondary School [2014] KEHC 8379 (KLR)

✦ The application is dismissed as the ruling and orders made on 15/5/2013 are upheld.

Paul Wanyonyi Makokha v Catherine Naliaka [2014] KEHC 2338 (KLR)

✦ The application is dismissed with costs to the respondent as there is no evidence of a valid court order, no evidence of service, and no evidence of disobedience.

Mary Atai Mung'au v Republic [2014] KEHC 2076 (KLR)

✦ The court orders that the Accused files a Supplementary Affidavit to support the application for extension of time for the order sought for exhumation and preparation of 2nd Postmortem Report.

Andrew Njendu Gikera v Republic [2014] KEHC 1749 (KLR)

✦ The court grants bail to the applicant on the condition of a bond of one million shillings with two sureties of similar amount, or cash bail of three hundred thousand shillings with the Chief Registrar of the Judiciary, and attendance at court every 30 days.

In Re of Baby K R (Minor) [2014] KEHC 1452 (KLR)

✦ The court allows the applicants' application for adoption. The applicants, A M M and M M N, are hereby allowed to adopt Baby K R. The child shall be known as D M M. Her date of birth shall be 8th October 2012. Her place of birth shall be Molo, Kenya. She is presumed to be a Kenyan citizen by birth. W M, a sister to the 1st applicant, shall be the legal guardian of the child should such eventuality arise.

Republic v Speaker of County Assembly of Nyandarua & another Exparte David Mwangi Ndirangu [2014] KEHC 2350 (KLR)

✦ The Respondent's action was ultra vires and the orders sought are granted

P T K v Republic [2014] KEHC 2078 (KLR)

✦ The appellate court finds the charge sheet defective and the sentence imposed too lenient, and reduces the sentence to 15 years.

Pamela Imbuka Njaro & another v Joseph Vutita Njaro & 2 others [2014] KEHC 2177 (KLR)

✦ The court granted the application for a temporary injunction.

Joseph Kotonya Aketch v N.S.S.F Board of Trustees & another [2014] KEHC 8376 (KLR)

✦ The Defendant's application under Rule 9(1)(a)(b) & (c) and Rule 9(2) of the Auction Rules is granted.

Co-operative Bank of Kenya Ltd v Mathews Okanya Odhiambo [2014] KEHC 1552 (KLR)

✦ The respondent was liable to pay the appellant for the use of the credit card from 16th November 1995 to 16th November 1999, including interest and late payment charges.

Republic v Evans Bogonko Mose & another [2014] KEHC 336 (KLR)

✦ The bond is reduced to Kshs. 500,000 with two sureties of the like amount, to be approved by the Deputy Registrar of the court. Alternatively, each accused is released on deposit of cash bail of Kshs. 250,000.

Joseph Wanyonyi Wamalwa v James Wanyonyi Kisielo [2014] KEHC 2373 (KLR)

✦ The court grants the plaintiff's prayers, including an order compelling the defendant to surrender the original land title deed to the Land Registrar Bungoma.

Joel Japhet Muthuri v Miriam Kanario Mbaabu & another [2014] KEHC 640 (KLR)

✦ The application is dismissed. The plaintiff's claims are not merited. The plaintiff is ordered to return the distrained goods/items or pay their equivalent value to the defendants. Costs are awarded to the defendants.

Nakuru Water and Sanitation Services Company Limited v County Government of Nakuru & 4 others [2014] KEHC 2080 (KLR)

✦ The Preliminary Objection is hereby overruled.

Elias Ndwiga Njoka v District Land Registrar, Kajiado & another [2014] KEHC 1920 (KLR)

✦ The court holds that a case of fraud is established and cancels the entry of Eliud Ndungu Mugambi as the owner and enters the name of Elias Ndwiga Njoka.

Rono Joel Cheruiyot, Nancy Chepkoech Rono & Athman Mohammed Mponda v Kenya Urban Roads Authority, Kibinico Enterprises Limited & Honorable Attorney General (Constitutional Petition 122 of 2011) [2014] KEHC 1401 (KLR) (21 October 2014) (Judgment)

✦ The Petitioners are entitled to the reliefs sought in the petition flowing from their undisputed ownership of the suit property and the acknowledged encroachment on it by the Second Respondent.