Kenyan case law

MACHARIA WAIGURU V MURANG’A MUNICIPAL COUNCIL & ANOTHER [2012] KEHC 2076 (KLR)

✦ The appeal is dismissed with no order as to costs due to the appellant's failure to prove loss of use and the clerical error in the motion number.

MATEO GITHUA NGURUKIE V SOLOMON MWANIKI WAMBOO & ANOTHER [2012] KEHC 2260 (KLR)

✦ The court dismisses the applicant's appeal and orders the applicant to pay costs.

REPUBLIC V TOWN CLERK CITY COUNCIL OF NAIROBI EX-PARTE GATKIMENTERPRISES LIMITED (Judicial Review 41 of 2011) [2012] KEHC 5940 (KLR) (Judicial Review) (27 September 2012) (Judgment)

✦ The court granted the application and issued orders of certiorari, mandamus, and prohibition.

REPUBLIC v CHAIRMAN KEIYO LAND TRIBUNAL & 3 others Exparte JAMES KIPNGETICH KIPSITEI [2012] KEHC 1717 (KLR)

✦ The Tribunal has jurisdiction to deal with matters regarding the verification of the common boundaries of two adjoining plots.

ALFRED OURU OKUKU v REPUBLIC [2012] KEHC 5878 (KLR)

✦ The sentence of 12 years is upheld as neither harsh nor lenient.

CYRUS NJORA MWANGI v REPUBLIC [2012] KEHC 1653 (KLR)

✦ The conviction is upheld, but the sentence is reduced to three years.

REPUBLIC v CHAIRMAN KEIYO LAND TRIBUNAL & 3 others Exparte JAMES KIPNGETICH KIPSITEI [2012] KEHC 1734 (KLR)

✦ The Court finds that the Land Disputes Tribunal had jurisdiction to deal with the boundary dispute between the Applicant and the Interested Party. The Tribunal's decision and decree by the Resident Magistrate is limited to resolving the dispute over a common boundary.

GEORGE ODHIAMBO MWALO V REPUBLIC [2012] KEHC 2148 (KLR)

REPUBLIC v THE DISTRICT LAND REGISTRAR, KIAMBU & 2 others Exparte S. KAMIRI MACHEHU [2012] KEHC 5908 (KLR)

✦ The application is dismissed with costs to the respondents and the interested party.

M'mbula Charles Mwalimu v Coast Broadway Company Limited [2012] KEHC 2273 (KLR)

✦ Negligence was not proved, and the defendant is not liable for the deceased's death

REPUBLIC V KILIBWANI DIVISIONAL LAND DISPUTES TRIBUNAL & 2 OTHERS EX PARTE CHRISTINE CHEPKETER SANG’ [2012] KEHC 1690 (KLR)

✦ The ex parte applicant's motion is allowed in terms of prayers 1, 2, and 3(a) only, with costs against the Interested Party

JOHN MUSAU MUOKI V ZAKAYO MUTISYA MUSYIMI [2012] KEHC 5890 (KLR)

✦ The application is allowed on the condition that the entire decretal amount together with costs and interest is deposited in an interest earning account in the joint names of the parties' advocates within 21 days from today. The intended appeal shall be filed within 7 days of the opening and operating the said joint account.

DAVID KIMELI TARUS & ANOTHER V FRANCIS UGAME LIBYA [2012] KEHC 1184 (KLR)

✦ The court finds that the plaintiffs have established adverse possession and orders the defendant's proprietary interest in the land be extinguished and their name deleted from the Register.

In Re Solomon M’irura Mathiu (Miscellaneous Civil Application 162 of 2010) [2012] KEHC 2201 (KLR) (27 September 2012) (Ruling)

✦ The application is allowed under the following terms: the applicant be and is hereby granted leave to file suit out of time against the intended defendant seeking an order for retransferring of ABOTHUGUCHI/GITHONGO/85 back to the applicant and a declaration that the intended respondent is entitled to only 1.5 acres out of the main land.

E. A. V REPUBLIC [2012] KEHC 5879 (KLR)

✦ The appeal is dismissed. The conviction and sentence are upheld.

ERIC ERABA OYUGI & ANOTHER V REPUBLIC [2012] KEHC 1008 (KLR)

✦ The petitioners' rights under Section 72(3) of the former constitution were violated by the failure to charge them in court as required under section 72(3) of the former constitution.

John Kaberia Lichoro v M’mwereria M’ithiria & 3 others [2012] KEHC 2166 (KLR)

✦ The application is allowed, and an order of temporary injunction is issued restraining the 1st and 2nd defendants from entering or interfering with land parcel No.3418.

ST. MARK FREIGHT SERVICES LIMITED V SARAH WANGUI & ANOTHER (Civil Suit 789 of 2010) [2012] KEHC 2041 (KLR) (26 September 2012) (Judgment)

✦ The court finds that the Defendants owe the Plaintiff US$74,831.96 and enters judgment in favor of the Plaintiff.

JOSEPH NGOMA AMOLLO V RICHARD WANYAMA & ANOTHER [2012] KEHC 5950 (KLR)

✦ The appeal is dismissed. The trial magistrate's finding that the 1st Respondent failed to stop the vehicle during the accident is upheld.

KITEK (7) LIMITED V CHAIRMAN-COLONEL CHARLES WANAKUTA & 9 OTHERS [2012] KEHC 1072 (KLR)

✦ The application for summary judgment is denied. The Defendants are allowed to defend the claim unconditionally. The Plaintiff is ordered to pay Kshs. 41,736,497.60 to the Defendants after the filing of the application. The costs of the motion will abide by the outcome of the suit.

ALICE WAHITO NDEGWA & 5 OTHERS V CITY COUNCIL OF NAIROBI & 2 OTHERS [2012] KEHC 5933 (KLR)

✦ The court finds it unfair and prejudicial to the respondents to enlarge the time within which the substantive notice of motion should be filed and dismisses the notice of motion dated 15th May, 2012.

NATIONAL BANK OF KENYA LIMITED V AMIN H GWADERI [2012] KEHC 5922 (KLR)

✦ The Appellant could not have agreed to call off the execution process without securing the balance due.

REPUBLIC V UASIN GISHU LAND DISPUTES TRIBUNAL (KAPSARET DIVISION) EX-PARTE KIPKEMEI KUTO [2012] KEHC 1693 (KLR)

✦ The Land Disputes Tribunal lacks jurisdiction to hear disputes on ownership of land registered under the Registration of Lands Act CAP 300.

KAMAU KIMAMI V LUCY MUGURE KAMAU (Civil Appeal 120 of 2009) [2012] KEHC 5942 (KLR) (Civ) (26 September 2012) (Judgment)

✦ The court upheld the joint title deed awarded by the Kiambu Land Disputes Tribunal and ordered the Land Registrar to facilitate the conveyancing.

M N NG’ANG’A & 2 others ALL T/A WARUHIU KOWADE & NG’ANG’A ADVOCATES v LAB CONSTRUCTION LTD & 2 others [2012] KEHC 2253 (KLR)

✦ The court dismissed the appeal and upheld the judgment of the lower court.