Kenyan case law

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.

KINYUA GACHOKI v EUSEBIA NJOKI NGARI [2012] KEHC 1779 (KLR)

✦ The Plaintiff's claim is struck out with costs.

MOHAN GALOT V BRITISH AIRWAYS & ANOTHER [2012] KEHC 5875 (KLR)

✦ The Plaintiff's application is allowed only to the extent that the special damages to be claimed are limited to the sum of NZ$300 and US$270 pleaded originally in paragraph 8 of the Plaint.

OKIYA OMTATAH OKOITI v ATTORNEY GENERAL & another [2012] KEHC 5495 (KLR)

✦ The court dismisses prayers 2, 3, and 4 of the motion seeking conservatory orders. The court grants leave to file and serve an amended petition within 30 days and directs the 1st respondent to provide an appropriate response to the petitioner's letter within 21 days.

DINAH NASIKE TULIENGE & 2 OTHERS V CO-OPERATIVE BANK OF KENYA & 2 OTHERS [2012] KEHC 1624 (KLR)

✦ The court dismisses the suit with costs to the defendants

CONSUMERS FEDERATION OF KENYA(COFEK) V ATTORNEY GENERAL & 2 OTHERS [2012] KEHC 5939 (KLR)

✦ The court sets aside the leave granted to COFEK and strikes out the subsequent proceedings.

EPHANTUS WACHIRA NGOCHI V CO-OPERATIVE BANK OF KENYA LIMITED [2012] KEHC 5886 (KLR)

✦ The suit has already abated due to the Plaintiff's failure to issue summons within 30 days of filing the suit and over 2 years later, and the Plaintiff's application for fresh summons is denied.

FREDRICK MWANIKI KANDEGE V REPUBLIC [2012] KEHC 1631 (KLR)

✦ The appellant's right to a de novo hearing was violated, and the failure to comply with Section 200 of the Criminal Procedure Code rendered the proceedings null and void.

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.

LOCHAB BROTHERS LIMITED V EZEKIEL MBIYU MULILI [2012] KEHC 1408 (KLR)

✦ The appeal is dismissed with costs to the Respondent.

MAYFAIR SERVICES AND INVESTMENT LIMITED V PRUDENTIAL BUILDING SOCIETY (IN LIQUIDATION) & 2 OTHERS [2012] KEHC 1898 (KLR)

✦ The Plaintiff's application is granted, and the 2nd and 3rd Defendants are restrained from interfering with the Plaintiff's quiet enjoyment and occupation of the property.

CORNER HOLIDAY INN LIMITED & 2 OTHERS V ANDREW KURIA WANGUNYU & ANOTHER [2012] KEHC 1073 (KLR)

✦ The application is granted and the 3rd Plaintiff is substituted with Catherine Gathoni Gitau.

Kamau Kimami v Lucy Mugure Kamau [2012] KEHC 5500 (KLR)

✦ The joint title deed awarded by the Kiambu District Land Disputes Tribunal is upheld, and the land is registered in the joint names of Kamau Kamami and Lucy Mugure Kamau.

ANNE NJERI MANGI V NJOMAITHA INVESTMENTS LTD [2012] KEHC 5892 (KLR)

✦ The court dismissed the Preliminary Objection.

GICHUKI VENTURES LIMITED V CHINA NATIONAL ELECTRIC WIRE CABLE IMPORT AND EXPORT CORPORATION & ANOTHER [2012] KEHC 5842 (KLR)

✦ The application is dismissed as the 2nd Defendant had been properly enjoined in the proceedings and the application is without merit.

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.

EDWARD MWANGI MACHARIA KAGIO V ROSE KIELEKYO [2012] KEHC 5930 (KLR)

✦ The court ordered the status quo to be maintained, prohibiting the Plaintiff, Defendant, and Interested Party from constructing, selling, or interfering with the property pending the resolution of the dispute.

Centre for Human Rights and Democracy & 2 others v Judges and Magistrates Vetting Board & 2 others; Ibrahim & another (Interested Parties) (Constitutional Petition 11 of 2012) [2012] KEHC 5431 (KLR) (Constitutional and Human Rights) (25 September 2012) (Ruling) (with dissent - K Kimondo, J)

✦ The Court declined to grant conservatory orders, but allowed the Petitioners to present their case before the Chief Justice.

JULIUS MJOMBA MWAKISAU & ANOTHER V REPUBLIC [2012] KEHC 2350 (KLR)

✦ The conviction is set aside due to the safety of the identification evidence and the acquittal of the 2nd and 4th accused.

DYNCORP INTERNATIONAL LLC V TRAX CONSTRUCTION LTD [2012] KEHC 5924 (KLR)

✦ The appeal will be heard by a single judge based on the written submissions.

JOHN ODOYO OTIENO V REPUBLIC [2012] KEHC 2167 (KLR)

EMMA KERUBO OMARI V REPUBLIC [2012] KEHC 2241 (KLR)

✦ The sentences are reduced to the period already served due to the appellant's substantial part of the sentence already served.

NANCY WANJA GATABAKI V ASHFORD MURIUKI MUGWUKU T/A ASHFORS & CO. ADVOCATES [2012] KEHC 5938 (KLR)

✦ The court directs the Registrar to consult with the Chairman of the Law Society and appoint two assessors to constitute a special court to hear the application.

JUSTUS MAKORI OMINDE V REPUBLIC [2012] KEHC 2181 (KLR)

✦ The conviction and sentence are set aside. The appellant is set at liberty.

LUKE NJIRU KAGEREKI V INDUSTRIAL & COMMERCIAL DEV. CO-OP [2012] KEHC 2347 (KLR)

✦ The application is dismissed with costs as the order was issued in vain and the second order declaring the sale null and void is a final order.