Kenyan case law
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DANIEL KANYI MWARANO v NATIONAL BANK OF KENYA LTD [2006] KEHC 2260 (KLR)
✦ The application for leave to amend the plaint is refused and dismissed.
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KENYA INLAND MASS MARKETING AGENCIES v ANERICO ADONGO ONGWEN [2006] KEHC 1999 (KLR)
✦ The appeal is allowed, the judgment of the trial magistrate is set aside, and the plaintiff's suit in the lower court is dismissed with costs.
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MIRIAM WANGARI MUNYIRI v BERNARD MUGAMBI GITURU & another [2006] KEHC 2082 (KLR)
✦ The court declared that the plaintiff has acquired adverse possession of the land and ordered her to be registered as the sole proprietor of the land in place of the defendants.
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KENYA SHELL LIMITED v KILELESHWA SERVICE STATION LTD [2006] KEHC 2386 (KLR)
✦ A six-month notice period is reasonable for the defendant to vacate the premises. The plaintiff will retain the equipment purchased by the defendant, and the defendant will be compensated with Kshs.13,088,000.
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KIPKALIA KIPRONO KONES v DIAMOND TRUST BANK KENYA LIMITED [2006] KEHC 2391 (KLR)
✦ The act of bankruptcy relied upon in the petition is invalid for non-compliance with Section 6(1)(c) of the Bankruptcy Act, Cap. 53, Laws of Kenya.
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MARTIN MUDAKI EMBUE v REPUBLIC [2006] KEHC 2398 (KLR)
✦ The appellant is found guilty of robbery contrary to Section 296(1) of the Penal Code and sentenced to 5 years imprisonment. The conviction and sentence for robbery with violence are quashed and the appellant is set free.
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WANJA MWANIKI v CHAIRMAN GICHUGU D. LDT & ANOTHER (Children Miscellaneous Application 189B of 2005) [2006] KEHC 182 (KLR) (6 June 2006) (Ruling)
✦ The application is allowed, and the Tribunal's decision is set aside.
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NICODEMUS KEBASO v CHAIRMAN MATONGO LUTHEREN THEOLOGICAL COLLEGE & others [2006] KEHC 2275 (KLR)
✦ The court finds that the defendants have not complied with the consent order and gives them 30 days to comply with the previous orders.
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NAKURU MOLOLINE SERVICES LTD v LEONARD NJOROGE MWANGI & 4 OTHERS [2006] KEHC 1840 (KLR)
✦ The applicant is not an aggrieved person and therefore lacks capacity to apply for a review of the consent orders.
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BENARD KASYOKI NUNDA v REPUBLIC [2006] KEHC 2397 (KLR)
✦ Proceedings are nullified and conviction and sentence set aside
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KIENZECO LIMITED v KENATCO TAXIS LIMITED (UNDER RECEIVERSHIP) [2006] KEHC 2361 (KLR)
✦ An interim injunction is granted to restrain the defendant from further advertising, alienating, transferring, or dealing with its assets to defeat the plaintiff's claim.
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KENSOM HOLDINGS CO. LTD & OTHERS v JACOB MWATATA MWILU & 2 others [2006] KEHC 2084 (KLR)
✦ The court granted a temporary injunction to prevent the defendants from further trespassing on the plaintiffs' properties and ordered them to vacate the properties.
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BENSON MUTAVA MUINDE v REPUBLIC [2006] KEHC 2365 (KLR)
✦ The proceedings are declared a nullity, the conviction and sentence are set aside, and a retrial is ordered.
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NICHOLAS MUTISYA MBUVI v REPUBLIC [2006] KEHC 2400 (KLR)
✦ The conviction is quashed and the sentence is set aside. The Appellant shall be set free.
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REPUBLIC v KIRINYAGA LAND DISPUTES TRIBUNAL EX-PARTE JEREMIAH WANGONDU BUNDI [2006] KEHC 2223 (KLR)
✦ The court finds the issue of ownership of L.R. Number Kabare/Gachigi/334 and whether the ex-parte applicant was holding it in trust was res judicata and could not be re-opened before the Land Disputes Tribunal. The Land Disputes Tribunal lacked jurisdiction to consider a claim founded on a trust. The court prohibits the adoption and enforcement of the award as it was made without jurisdiction on a matter that was res judicata.
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DANIEL GATHAIYA NJAGI & another v BOARD OF TRUSTEES OF THE NATIONAL SOCIAL SECURITY FUND [2006] KEHC 2145 (KLR)
✦ The application for dismissal of the suit is refused. The Plaintiffs are ordered to take demonstrable steps towards prosecution of the suit within 30 days from the date of delivery of this ruling. If they fail, the court may review the order of dismissal.
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PETER KINUTHIA MWANIKI & 2 others v PETER NJUGUNA GICHEHA & 3 others [2006] KEHC 2342 (KLR)
✦ Grant a permanent injunction to restrain defendants from commencing slaughter operations in the building they are constructing.
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REPUBLIC v DAVID MAINA IRUNGU [2006] KEHC 2221 (KLR)
✦ The court found the accused guilty but insane and ordered him to be detained at Kamiti Maximum Prison.
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EAST AFRICAN PACKAGING INDUSTRIES LTD v MONA FRESH VEGETABLES LTD & EASTWEST VEG. LIMITED (Civil Case 768 of 2002) [2006] KEHC 2385 (KLR) (5 June 2006)
✦ The application is dismissed, and the stay of execution is vacated.
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ABUBAKAR KIBWANA v REPUBLIC [2006] KEHC 3510 (KLR)
✦ The sentence is illegal and the conviction is improper
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REPUBLIC v KENYA PORTS AUTHORITY & 2 others Ex-parte KABURU & SONS SHIP CONTRACTORS & another [2006] KEHC 2211 (KLR)
✦ The preliminary objection is dismissed with costs to the applicant.
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Republic v Land Disputes Tribunal Court Central & another; Nzoka (Ex parte) (Miscellaneous Civil Application 1217 of 2003) [2006] KEHC 3527 (KLR) (2 June 2006) (Ruling)
✦ The preliminary objections are disallowed, and the application for judicial review is heard on merit.
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Mureithi & 2 others v Attorney General & 4 others (2006)1klr (e&l) [2006] KEHC 14 (KLR)
✦ The court found that the applicants do not have the required standing to seek judicial review orders. The court also determined that seeking judicial review remedies against juristic persons is not appropriate. The court found that the Commission's report and recommendations do not constitute a statutory duty. The court ruled that the remedy lies in public law. The court found that the judicial review action was brought within the limitation period. The court applied the doctrine of public trust to illegal alienation of public land.
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Mureithi & 2 others (All suing for and on behalf of Mbari-Ya Murathimi Clan) v Attorney General & 5 others (Miscellaneous Civil Application 158 of 2005) [2006] KEHC 3488 (KLR) (Civ) (2 June 2006) (Judgment)
✦ The application is dismissed but in view of the public law points raised, and the public interest elements, considered, in the exercise of my discretion I make no order as to costs, and parties are to bear their respective costs.
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MASEFIELD TRADING KENYA LTD v OMAR TRANSMOTORS LIMITED [2006] KEHC 2394 (KLR)
✦ No waiver on interest was granted by the Plaintiff to the Defendant as claimed. The Defendant's failure to place the issue of waiver before the Deputy Registrar is a strong indication that there was no waiver granted.