Kenyan case law

REPUBLIC v COMMISSIONER FOR CO-OPERATIVE DEVELOPMENT EX-PARTE ISAAC WETOSI [2006] KEHC 1731 (KLR)

✦ The application is granted in terms of prayer 1, 2, 3 and 4 only.

ROCKY DRIVING SCHOOL v AGIMBA & ASSOCIATES, ADVOCATES [2006] KEHC 2132 (KLR)

✦ The court extends the time limit for filing the replying affidavit by seven days, and the Applicant/Respondent shall have the costs of the application.

JOSEPH KIMANI WAWERU t/a KIMANI WAWERU & COMPANY ADVOCATES v PETER LEO ONALO t/a ONALO & COMPANY ADVOCATES [2006] KEHC 2153 (KLR)

✦ The court orders judgment for the Plaintiff in the total sum of KShs.6,781,600, with interest at court rates from the date of filing the suit until payment in full, and costs of the suit.

Mwaniki & 2 others v Gicheha & 3 others (2006) 1KLR (E&L) [2006] KEHC 12 (KLR)

✦ The defendants are likely to contravene the provisions of Section 75 of the Act due to the lack of provisions for the disposal of effluent discharge.

CATHLEEN TULLOCH BIGET v INTERNATIONAL SCHOOL OF KENYA [2006] KEHC 2224 (KLR)

✦ The court finds that the plaintiff 'resigned her job' due to 'personal health reasons' and dismisses the plaint with costs to the defendant.

RGN v JRKN [2006] KEHC 2205 (KLR)

✦ Granting leave to RGN to file appeal out of time against the Magistrate's award of Kshs.150,000/= maintenance to his wife.

INSPECTOR GENERAL (CORPORATIONS) v MAURICE MAKHANU [2006] KEHC 2151 (KLR)

✦ The application is dismissed. The Plaintiff is entitled to costs on the first issue, while the Defendant is entitled to costs on the second issue which has been decided entirely in his favor.

Charles Thys v Herman Steyn [2006] KEHC 2259 (KLR)

✦ The court denied the application and ordered the judgement-debtor to not begin execution proceedings without leave of court.

REPUBLIC v ATTORNEY-GENERAL & 3 others Ex-parte MAITHYA MUVIWA & another [2006] KEHC 2341 (KLR)

✦ The application is incompetent and struck off with costs to the Respondent.

MARY WAIRIMU NDIRANGU v GERALD THUKU & another [2006] KEHC 2085 (KLR)

✦ The suit is dismissed for want of prosecution.

REPUBLIC v Permanent Secretary MINISTRY OF PLANNING AND NATIONAL DEVELOPMENT Ex-parte Mwangi S. Kimenyi [2006] KEHC 2245 (KLR)

✦ The court grants the application for leave to amend the Statement and Notice of Motion and orders the matter to be heard on the merits.

ALFRED MACHAYO v D.T. DOBIE & CO. (K) LIMITED [2006] KEHC 2097 (KLR)

✦ The court grants the applicant 10 days from the date of the ruling to file and serve a Notice of Appeal, and 30 days thereafter for him to file and serve a Record of Appeal. The request for extension of time within which to request for copies of proceedings and a certified copy of the superior court order against which an appeal is intended is declined.

JUDITH WAMBUI GATEI & another v NGUGI MUIRURI [2006] KEHC 2206 (KLR)

✦ The judge finds that the justice of the case requires the application to be heard by another judge due to the previous succession case involving the same land.

JAMES KARIUKI NGANGA t/a NDARANGU MERCHANTS v JOSEPH NGAE NJUGUNA & 2 others [2006] KEHC 2113 (KLR)

✦ The court strikes out the Notice of Stay of Execution dated 24th May 2006 and bars the objector from raising an objection to the motor vehicle KAM 918U without leave of court.

JOSEPH KIVESI v WOTE TOWN COUNCIL & 2 others [2006] KEHC 1465 (KLR)

✦ The court ordered an injunction to restrain the defendants from using the plot until the suit is heard and determined.

PHARMACEUTICAL PRODUCTS LIMITED v MIDDLE EAST BANK (K) LIMITED & 2 others [2006] KEHC 2122 (KLR)

✦ The plaintiff's application is not merited and the chamber summons dated 12th October 2003 is hereby dismissed with costs to the defendants.

REPUBLIC v CHIEF MAGISTRATE’S COURT AT NAIROBI [2006] KEHC 2246 (KLR)

✦ The Attorney General's appointment of Mr. Kibe as a public prosecutor is valid and the applications are properly before the court.

ROBERT MWAURA & 299 others v MOSES CHEPKWONY & 5 OTHERS [2006] KEHC 2080 (KLR)

✦ The plaintiffs' suit is struck out as it does not comply with the provisions of Order VII Rule 1(e) of the Civil Procedure Rules.

M.D v E.S.P [2006] KEHC 2292 (KLR)

✦ The marriage is dissolved.

P.O.A V N.M.M [2006] KEHC 2290 (KLR)

✦ The application is dismissed as the Respondent did not raise the objection timeously and the irregularity is not fundamental to the proceedings.

REPUBLIC v CHAIRMAN ILEHO LAND DISPUTES TRUBUNAL & another [2006] KEHC 1432 (KLR)

✦ The Notice of Motion is dismissed with no order as to costs.

KAMUNYORI & COMPANY ADVOCATES v CANNON ASSURANCE (K) LIMITED [2006] KEHC 2345 (KLR)

✦ Respondent's application fails due to failure to prove non-receipt of notice within time.

HARRISON NYAUNDI KABURI v AMOS OGELA BASWETI [2006] KEHC 2333 (KLR)

KAMUNYORI & CO. ADVOCATES v CANNON ASSURANCE (K) LIMITED [2006] KEHC 2346 (KLR)

✦ The Respondent's application is dismissed and its costs are awarded to the Applicant with the bill of costs

CANNOT ASSURANCE (K) LIMITED v ELIJAH MWANGI KINYANJUI & 2 others [2006] KEHC 2348 (KLR)

✦ The 3rd defendant is liable for the principal debtor's debt under the executed guarantee. The applicable interest rate for the guaranteed amount is 22.5% per annum from the date of demand.