Kenyan case law

• BOARD OF DIRECTORS INLAND CHURCH V TIMOTHY MULEHI & OTHERS [2005] KEHC 680 (KLR)

  ✦ The Plaintiff's request for an injunction is granted.

  [2005] KEHC 680 (KLR) High Court of Kenya 7 June 2005

• In Re Ajay Indravan Shah (Bankruptcy Cause 43 of 2001) [2005] KEHC 2432 (KLR) (Commercial and Tax) (7 June 2005) (Ruling)

  ✦ The bankruptcy proceedings are stayed until the Petitioner provides a complete and accurate list of all assets held locally and overseas. The arrest order is stayed for 14 days to allow the Petitioner to file an affidavit showing his assets.

  [2005] KEHC 2432 (KLR) High Court of Kenya 7 June 2005

• Benson Mwangi Wangai v Ibrahim Ndwiga & another [2005] KEHC 1750 (KLR)

  ✦ The court ordered the applicant to be joined as a defendant in the suit.

  [2005] KEHC 1750 (KLR) High Court of Kenya 7 June 2005

• David Cheluget Kipsang Chepkwony [2005] KEHC 2444 (KLR)

  ✦ The appeal is incompetent and dismissed. The court finds that the appellant chose to file Judicial Review proceedings in Eldoret High Court Misc. Application No. 206 of 1997, which was later transferred to Eldoret High Court. The appeal should not have been admitted to hearing as required by law.

  [2005] KEHC 2444 (KLR) High Court of Kenya 7 June 2005

• Benson Mwangi Wangai v Ibrahim Ndwiga & another [2005] KEHC 1523 (KLR)

  ✦ The court ordered the applicant to be joined as a defendant in the suit.

  [2005] KEHC 1523 (KLR) High Court of Kenya 7 June 2005

• Republic& another v Minister of Lands,Settlement & Housing & another [2005] KEHC 2549 (KLR)

  ✦ The appeal is set aside as the 2nd Respondent had not obtained a grant of letters of administration for the estate of her deceased husband, and the District Court had no jurisdiction to entertain the appeal.

  [2005] KEHC 2549 (KLR) High Court of Kenya 6 June 2005

• Samuel Sane Lesi & 2 others v Republic [2005] KEHC 2389 (KLR)

  ✦ The court denies the applications as the appeals do not have overwhelming chances of success and the applicants have not served a substantial part of their sentence.

  [2005] KEHC 2389 (KLR) High Court of Kenya 6 June 2005

• David Njogu t/a D Njogu & Co. Advocates v Town Clerk,City Council of Nairobi [2005] KEHC 818 (KLR)

  ✦ The court granted the plaintiff's application for Mandamus, but with a modification that the defendant shall pay the balance of the decretal sums together with interest thereon by equal monthly installments at the rate of Kshs 200,000 from the 30th day of June 2005 until payment in full.

  [2005] KEHC 818 (KLR) High Court of Kenya 6 June 2005

• David Njogu t/a Njogu & Co. Advocates v Town Clerk,City Council of Nairobi [2005] KEHC 2562 (KLR)

  ✦ The applicant is entitled to the orders of Mandamus, but the respondent shall pay the balance of the decretal sums together with interest thereon by equal monthly installments at the rate of Kshs 200,000 from the 30th day of June 2005 until payment in full.

  [2005] KEHC 2562 (KLR) High Court of Kenya 6 June 2005

• Charles Mugunda Gacheru v Senior Resident Magistrate,Principal Magistrate’s Court,Nyeri & 2 others [2005] KEHC 2563 (KLR)

  ✦ The Chamber Summons is hereby dismissed for the following reasons: the parties are abusing the process of the court by filing a fresh case without disclosing the existence of the earlier case.

  [2005] KEHC 2563 (KLR) High Court of Kenya 6 June 2005

• Madison Insurance Co. Ltd v Peter Mutunga Musila & another [2005] KEHC 2096 (KLR)

  ✦ The plaintiff's application for stay of execution pending appeal is dismissed with costs.

  [2005] KEHC 2096 (KLR) High Court of Kenya 6 June 2005

• Manjit Singh Sethi & others v Paramount Universal Bank & 2 others [2005] KEHC 2531 (KLR)

  ✦ The Plaintiffs' application is not res judicata, the Defendants' preliminary objections are not well-taken, and the Plaintiffs are not vexatious litigants or guilty of concealment, distortion, or non-disclosure of material facts.

  [2005] KEHC 2531 (KLR) High Court of Kenya 5 June 2005

• JUSTUS NGETA MUSYOKA V ELDORET EXPRESS CO. LTD [2005] KEHC 3071 (KLR)

  ✦ The court finds the Defendant liable for 100% of the accident and awards Sh. 1,602,100/= in total damages.

  [2005] KEHC 3071 (KLR) High Court of Kenya 4 June 2005

• Ann Nyambura Mugwe v Francis Mugwe Wanjohi [2005] KEHC 2216 (KLR)

  ✦ The defendant is found guilty of contempt of court and is sentenced to one month in prison with the possibility of further imprisonment if the court orders are not obeyed.

  [2005] KEHC 2216 (KLR) High Court of Kenya 4 June 2005

• Joe Njuguna Wakaba & 65 others v Kenya Airports Authority [2005] KEHC 2356 (KLR)

  ✦ The plaintiffs' application is struck out due to the joint affidavit of the plaintiffs being unreliable.

  [2005] KEHC 2356 (KLR) High Court of Kenya 3 June 2005

• Bargoi Syandoi Ngiria v Republic [2005] KEHC 2289 (KLR)

  ✦ The appeal on charges of obtaining by false pretenses is dismissed. The sentence of two years imprisonment is set aside and substituted with a sentence of nine months imprisonment on each of the three counts, to run concurrently.

  [2005] KEHC 2289 (KLR) High Court of Kenya 3 June 2005

• NICHOLAS SHIRAO & another v REPUBLIC [2005] KEHC 91 (KLR)

  ✦ The conviction and sentence are quashed and set aside.

  [2005] KEHC 91 (KLR) High Court of Kenya 3 June 2005

• Ndungu Mugoya & 473 others v Stephen Wangombe & 9 others [2005] KEHC 2260 (KLR)

  ✦ The plaintiffs' suit is incompetent and the application is struck out with costs.

  [2005] KEHC 2260 (KLR) High Court of Kenya 3 June 2005

• Arab Mohommed Ahmed v John Ngandu Kinuthia; Malde Transporters Ltd (Civil Suit 365 of 1999) [2005] KEHC 2375 (KLR) (Civ) (3 June 2005) (Ruling)

  ✦ The court reiterates the previous orders and gives a new deadline for the plaintiffs to comply with the rules of procedure and set down their suit for hearing.

  [2005] KEHC 2375 (KLR) High Court of Kenya 3 June 2005

• Republic v Absolom Mustapher & 3 others [2005] KEHC 2083 (KLR)

  ✦ The application is dismissed as the delay in filing the appeal was not inordinate, and the application did not disclose the point of law intended to be pursued on appeal.

  [2005] KEHC 2083 (KLR) High Court of Kenya 3 June 2005

• In Re Baby J (Infant) (Adoption Cause 36 of 2005) [2005] KEHC 2633 (KLR) (Family) (3 June 2005) (Judgment)

  ✦ The court grants the applicants' request to adopt Baby J.

  [2005] KEHC 2633 (KLR) High Court of Kenya 3 June 2005

• Njeru Mukundie, Nyaga Matumbi, Nyaga Mwangange &Nicolas; N. Njeru (@suing for themselves and as representatives of Mukera Clan of Mbeere) v Hon. Attorney-General, Director of Land Adjudication and Settlement, Chief Land Registrar, Lameck Gichangi Sued as Representative of the Nditi Clan, Mbeere & Nyaga Ciathathi also Sued as Representative of the Nditi Clan, Mbeere (Civil Case 2509 of 1998) [2005] KEHC 2394 (KLR) (Civ) (3 June 2005) (Ruling)

  ✦ The 5th defendant is excluded from the suit.

  [2005] KEHC 2394 (KLR) High Court of Kenya 3 June 2005

• Majdoon Kenya Limited v Kenya Oil Company Limited [2005] KEHC 2433 (KLR)

  ✦ The Plaintiff's application for contempt proceedings is dismissed as the Plaintiff did not seek leave of the court before filing the chamber summons.

  [2005] KEHC 2433 (KLR) High Court of Kenya 3 June 2005

• Nation Media Group Ltd v Salaba Agencies Limited & 2 others [2005] KEHC 2453 (KLR)

  ✦ The court allows the application to amend the originating summons and orders that the applicant shall have leave to amend the originating summons within 15 days from the date hereof.

  [2005] KEHC 2453 (KLR) High Court of Kenya 3 June 2005

• Lilian Njeri Mwangi v Municipal Council of Nakuru [2005] KEHC 2212 (KLR)

  ✦ The defendant's statement of defence is a sham and is struck out. Judgment is entered for the plaintiff.

  [2005] KEHC 2212 (KLR) High Court of Kenya 3 June 2005