High Court of Kenya judgments

MICHAEL THUO NG’ANG’A & another v JOSEPH KAMAU NG’ANG’A [2008] KEHC 2305 (KLR)

✦ The application is struck out due to lack of a valid affidavit. The applicants are granted leave to file a fresh application within 30 days.

[2008] KEHC 2305 (KLR) High Court of Kenya 16 June 2008

CHRISTOPHER KIPKORIR LEBO & 331 others v KENYA POWER & LIGHTING COMPANY LIMITED [2008] KEHC 2043 (KLR)

✦ The Court ruled that the questions presented by the parties be determined due to the number of advocates on record and all of them presenting or filing applications jointly.

[2008] KEHC 2043 (KLR) High Court of Kenya 16 June 2008

EMMANUEL NDUNGU KAMAU v REPUBLIC [2008] KEHC 2345 (KLR)

✦ The conviction is quashed and the appellant is set at liberty

[2008] KEHC 2345 (KLR) High Court of Kenya 16 June 2008

IRONSIDE AUTO SPARES LTD v MUTSUI O. LINES thro’ INCHCAPE SHIPPING SERVICES LTD & another [2008] KEHC 1802 (KLR)

✦ The plaintiff's suit is dismissed with costs to the defendant.

[2008] KEHC 1802 (KLR) High Court of Kenya 16 June 2008

DUKE KENYATTA AUTA v STATE [2008] KEHC 1991 (KLR)

✦ The appellant was properly convicted and the sentence is not excessive.

[2008] KEHC 1991 (KLR) High Court of Kenya 13 June 2008

MOSES SOMOINE OLE SAKUDA v GEORGE SAITOTI & 2 OTHERS [2008] KEHC 2545 (KLR)

✦ The court finds that the Petitioner was properly served by advertisement and dismisses the Respondents' motions.

[2008] KEHC 2545 (KLR) High Court of Kenya 13 June 2008

BEN ONDIEKI MOMANYI v REPUBLIC [2008] KEHC 1994 (KLR)

✦ The appellant's conviction was proper and the sentence was not harsh or excessive.

[2008] KEHC 1994 (KLR) High Court of Kenya 13 June 2008

L’ILE DE FRANCE PASTRY LIMITED v GIGIRI SHOPPING CENTRE LIMITED [2008] KEHC 3969 (KLR)

✦ The preliminary objection is not well-taken. The court has jurisdiction to entertain appeals against orders or decrees of the lower court given without jurisdiction.

[2008] KEHC 3969 (KLR) High Court of Kenya 13 June 2008

Irene W. Kagondu & another (Suing as the Legal Representatives and Administrators of the Estate of the Late Patrick Mwangi Kagondu) v W. K. Tilley (Muthaiga) Ltd & another [2008] KEHC 2078 (KLR)

✦ The court awards the plaintiffs Kshs. 7,217,100/- in total, to be divided among the dependants as specified.

[2008] KEHC 2078 (KLR) High Court of Kenya 13 June 2008

PETER NGANGA KARIUKI v REPUBLIC [2008] KEHC 1865 (KLR)

✦ The proceedings and sentence are declared a nullity and set aside

[2008] KEHC 1865 (KLR) High Court of Kenya 13 June 2008

OSHO CHEMICAL INDUSTRIES LTD v AGRICHEM & TOOLS LTD & ANOTHER [2008] KEHC 1835 (KLR)

✦ The court finds that the use of the name AGRIFEED by the defendant does not constitute trademark infringement as the products are not confusingly similar and are sufficiently distinct.

[2008] KEHC 1835 (KLR) High Court of Kenya 13 June 2008

CLEMENT THUKU IKIGU v HOUSING FINANCE COMPANY OF KENYA LIMITED [2008] KEHC 2390 (KLR)

✦ The Defendant's statutory power of sale had not arisen, and the demand for payment was not properly served, thus the temporary injunction is discharged and set aside.

[2008] KEHC 2390 (KLR) High Court of Kenya 13 June 2008

BADRUDDIN MOHAMMED ABDULLA KOYA v HASHIL MOHAMED AMBER & another [2008] KEHC 2452 (KLR)

✦ The application is not properly before the court and is hereby struck out.

[2008] KEHC 2452 (KLR) High Court of Kenya 13 June 2008

CHRISTINE DIANA MAGANGA & another v PAUL HENRY MAJALIWA [2008] KEHC 1890 (KLR)

✦ The grant of letters of administration was obtained fraudulently and is hereby revoked

[2008] KEHC 1890 (KLR) High Court of Kenya 13 June 2008

DUKE KENYATTA AUTA v REPUBLIC [2008] KEHC 1985 (KLR)

✦ The appellant’s conviction for defilement is quashed, and he is set at liberty.

[2008] KEHC 1985 (KLR) High Court of Kenya 13 June 2008

ANDREW OLOO OTIENO v BENJAMIN SHAMALA IMBOGO [2008] KEHC 2447 (KLR)

✦ The application for a temporary injunction is dismissed with no order as to costs.

[2008] KEHC 2447 (KLR) High Court of Kenya 13 June 2008

GEORGE KARANJA KARANGU v THE COMMISSIONER OF POLICE & another [2008] KEHC 2339 (KLR)

✦ Leave to file Judicial Review proceedings is granted, but the stay orders are conditional and will last for 90 days unless extended.

[2008] KEHC 2339 (KLR) High Court of Kenya 13 June 2008

In Re KNW ( a Minor) [2008] KEHC 1452 (KLR)

✦ The applicants are suitable to adopt Baby K N W and it is in Baby K N W's best interest to be adopted by the applicants.

[2008] KEHC 1452 (KLR) High Court of Kenya 13 June 2008

MAWJI PATEL v TONY KETER [2008] KEHC 2044 (KLR)

✦ The Court dismisses the Preliminary Objection with costs to the Defendant.

[2008] KEHC 2044 (KLR) High Court of Kenya 13 June 2008

MERCANTILE LIFE & GENERAL ASSURANCE COMPANY LTD & another v DILIP M. SHAH & 3 others [2008] KEHC 2388 (KLR)

✦ The Chamber Summons is dismissed with no order as to costs.

[2008] KEHC 2388 (KLR) High Court of Kenya 13 June 2008

DEWDROP ENTERPRISES LIMITED v CITY COUNCIL OF NAIROBI [2008] KEHC 1707 (KLR)

✦ The application is dismissed as there are triable issues raised in the Defendant's defence and the Plaintiff's claim is not plain and obvious.

[2008] KEHC 1707 (KLR) High Court of Kenya 13 June 2008

CHLORIDE EXIDE (K) LIMITED & ASSOCIATED BATTERY MANUFACTURES LTD v ZAKAYO MUCHAI WAINAINA t/a CHLORIDE EXIDE SOLAR (Civil Case 443 of 2007) [2008] KEHC 1700 (KLR) (13 June 2008) (Judgment)

✦ The Court found that the Defendant's actions constituted passing off and registered a similar business name, which misled the public and harmed the Plaintiffs' business.

[2008] KEHC 1700 (KLR) High Court of Kenya 13 June 2008

Kenyan case law