Kenyan case law

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.

ELIZABETH KWINI & ANOTHER V MANAGING DIRECTOR & ANOTHER [2012] KEHC 5931 (KLR)

✦ The Court allows the application for substitution of the deceased's personal representatives as Petitioners and orders the Petition to be amended and served within 14 days.

PETER RIOBA MARWA V REPUBLIC [2012] KEHC 2183 (KLR)

✦ The appeal is dismissed. The appellant is ordered to be placed on probation to serve the remaining part of his sentence.

ELIZAPHAN OMBIRO NDEGE V REPUBLIC [2012] KEHC 2243 (KLR)

✦ The appeal is allowed. The 15-year sentence is set aside and the probationary sentence of 3 years is reinstated. The appellant is set free unless otherwise lawfully held.

JACKTONE OCHIENG OKWETO v REPUBLIC (Criminal Appeal 66 of 2010) [2012] KEHC 2162 (KLR) (25 September 2012) (Judgment)

✦ The charge against the appellant was proved and he was properly convicted on sound evidence. The appeal is dismissed and the appellant shall serve the sentence imposed by the trial court.

REPUBLIC V STEPHEN NYAMAI MBALU 3 OTHERS [2012] KEHC 5866 (KLR)

✦ The court finds the application incompetent and strikes it out, stating that the applicants can appeal to the Court of Appeal.

BENARD YEGON v REPUBLIC [2012] KEHC 2176 (KLR)

✦ The conviction and sentence are affirmed.

KENYA MEAT COMMISSION V MUNICIPAL COUNCIL OF MOMBASA (Civil Appeal 175 of 2009) [2012] KEHC 1694 (KLR) (25 September 2012)

✦ The court granted a stay of execution of the orders pending the appeal, but denied the prayer against Hon. T.M. Gesora's decision.

D G H V C A H [2012] KEHC 5846 (KLR)

✦ The marriage is dissolved, and custody of the children is given to the Petitioner with access for the Respondent.

KENYA BROADCASTING CORPORATION v MUNICIPAL COUNCIL OF MOMBASA & another [2012] KEHC 1783 (KLR)

✦ The Plaintiff is entitled to the orders sought in the application, including an injunction allowing the use of part of the land as a transfer point for garbage.

ALARAKHIA KHAMISA ALOO & ANOTHER V L.J MANGHNANI T/A SACHDEVA & COMPANY ADVOCATES [2012] KEHC 5960 (KLR)

✦ The Originating Summons is dismissed with costs as the plaintiffs' claim lacks merit

KENYA BROADCASTING CORPORATION v MUNICIPAL COUNCIL OF MOMBASA & another (Civil Suit 323 of 2010) [2012] KEHC 1719 (KLR) (25 September 2012)

✦ The Plaintiff is entitled to the orders sought in the application, including an injunction allowing the use of part of the land as a transfer point.

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.

KENYA BROADCASTING CORPORATION v MUNICIPAL COUNCIL OF MOMBASA & another [2012] KEHC 1736 (KLR)

✦ The Plaintiff is entitled to the orders sought in the application, including an injunction allowing the use of part of the land as a transfer point.

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.

JOHN MWAI MAKAU V MOSES WARUI MUTHIKE [2012] KEHC 2348 (KLR)

✦ The Court finds for the Plaintiff and issues a temporary injunction restraining the Defendant from interfering with the Plaintiff's plot.

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

ALICE WANJIRU THIKA & 3 OTHERS V JOSEPH GICHOMO MWANGI & 3 OTHERS [2012] KEHC 2332 (KLR)

✦ The grant obtained by the 2nd Respondent is annulled, and the titles issued to the 1st, 3rd, and 4th Respondents are cancelled.

JOSEPH MWANIKI WAMBUGU V SAVA INDUSTRIES LIMITED [2012] KEHC 5919 (KLR)

✦ The court denied the application for leave to appeal out of time

PAUL OUMA OTIENO V REPUBLIC [2012] KEHC 2239 (KLR)

✦ The application has no merit and is dismissed.

MICHAEL KAGOMA MAINA v ATTORNEY GENERAL [2012] KEHC 5449 (KLR)

✦ The Plaintiff's claims are dismissed.

REPUPLIC V PERMANENT SECRETARY, MINISTRY OF STATE FOR PROVINCIAL ADMINISTRATION AND INTERNAL SECURITY EXPARTE FREDRICK MANOAH EGUNZA (Miscellaneous Application 31 of 2012) [2012] KEHC 1643 (KLR) (25 September 2012)

✦ The application is allowed, and an order of mandamus is issued commanding the respondent to pay the applicant a total sum of Kshs.120,780 together with interest at the rate of 12% per annum from 9th November 2011 until payment in full.

Obadia Micha Nyongesa v Mohammed Nyongesa [2012] KEHC 1786 (KLR)

✦ The application is incompetent and is struck out with costs.

PETER KARIUKI MATHI V REPUBLIC [2012] KEHC 1699 (KLR)

✦ The conviction is upheld. The sentence is also upheld.

ABSOLOM AGALA V IMCO BUILDING & ENGINEERING CONSTRUCTION [2012] KEHC 1341 (KLR)

✦ The appeal is partly successful. The appellant's claim for general damages is upheld, and the respondent's payment of Kshs.179,907/= is sufficient.