Kenyan case law

DAVID MUREITHI v NATION NEWSPAPERS LIMITED [2010] KEHC 2285 (KLR)

✦ The suit is dismissed with costs to the Defendant.

SILAS KIPKEMBOI v THE DISTRICT CO-OPEATIVE OFFICER NANDI CENTRAL NORTH DISTRICT ANDTHE COMMISSIONER FOR CO-OPERATIVE DEVELOPMENT [2010] KEHC 2338 (KLR)

✦ The omission of the Republic as a party in the notice of motion was fatal and the application is hereby struck out with costs to the respondent

PHILIP MUNGAI v KINDARUMA LIMITED [2010] KEHC 2805 (KLR)

✦ The learned trial magistrate did not err in law or fact in dismissing the plaintiff's claim.

Kamau & 25 others v Attorney General & another (Miscellaneous Civil Application 890 of 2004) [2010] KEHC 3172 (KLR) (24 May 2010) (Judgment)

✦ There are no historical or treaty basis for the entrenchment of Kadhis' Courts and the Office of the Chief Kadhi in the Constitution.

EPHANTUS LETULUAI v REPUBLIC [2010] KEHC 1580 (KLR)

✦ PW1 and PW2's evidence will be recalled and interpreted into Samburu language for the applicant to understand.

JAMES MUNENE NDUMBI v HILLARY MUNENE KAMAU [2010] KEHC 2794 (KLR)

✦ The court will not dismiss or strike out the application for want of form, as the Plaintiff was not a commercial lender.

JACOB NJERU MUGO v BERNARD NJERU [2010] KEHC 2798 (KLR)

✦ The application is dismissed with costs to the respondent.

MAXWELL MWONGA MUTISYA & another v PETER MUSYIMI MULWA & another [2010] KEHC 2707 (KLR)

✦ The ex-parte eviction order is upheld, and the application to set it aside is dismissed.

EDMUND MWANGI MBIYU v GABRIEL WANJOHI WAWERU [2010] KEHC 2439 (KLR)

✦ The preliminary objection is dismissed.

Riverbank Capital Management Limited & another v Track it Limited (Under Receivership)[2010] KEHC 2598 (KLR)

✦ The court grants prayer No.2 and 3 pending the hearing and determination of the suit, and the plaintiffs should give a suitable undertaking as to damages.

AGRICULTURE FINANCE CORPORATION & ANOTHER V DAVID KARIUKI KITHINJI [2010] KEHC 2677 (KLR)

✦ The appeal is dismissed with costs awarded to the respondent.

In Re Estate of M'MUGUNA KIARA (DECEASED) [2010] KEHC 2621 (KLR)

✦ The confirmed grant is revoked, and a new joint grant is issued to Julius Karani Muguna and Frederick Miriti Muguna.

M’RUKUNGA M’ARUA v MIMWERA M’MBUI [2010] KEHC 2777 (KLR)

✦ The court declared that the plaintiff has become entitled by adverse possession to the whole of parcel known as L.R. No.Nyaki/Munithu/840.

MARGRET KANINI KANGA v MARGRET GATHONI & 6 OTHERS [2010] KEHC 2664 (KLR)

✦ The plaintiff failed to prove encroachment or impeded entry, and the application for interlocutory injunction is dismissed.

CHRISANTUS OMARIBA & 3 others v TING’A TRADING CO. LTD. & 3 others [2010] KEHC 2250 (KLR)

✦ The defendant has not repaid the debt, and the plaintiffs are entitled to an eviction order. The defendant is not entitled to a refund of overpaid rent.

JOHN KINYANJUI KANYA v BARCLAYS BANK OF KENYA LTD. & another [2010] KEHC 1811 (KLR)

✦ The Plaintiff's application for an interlocutory injunction is dismissed with costs.

Avenue Service Station (1977) Ltd & 9 others v Music Copyright Society of Kenya & 2 others [2010] KEHC 2562 (KLR)

✦ The application is dismissed as incompetent and lacking merit.

Ayub Ngore M’lintari v Bernard Kobia & 3 others [2010] KEHC 2152 (KLR)

✦ The amendment is allowed.

ATTORNEY GENERAL v JUSTUS NGUMBAO CHARO & another [2010] KEHC 822 (KLR)

✦ The court vacates the order of bail and commits the applicants back to prison to continue serving their sentences pending the determination of the main application and the appeals that they have lodged against conviction and sentence.

NCURUBI MBERIA v GEOFFREY MUGAMBI JOHN [2010] KEHC 2548 (KLR)

✦ The appeal succeeds and the decision by the Eastern Province Land Dispute Appeals Committee is set aside. The appellant is awarded costs of the appeal.

JOHN JESSEL (Suing as the legal representative of the estate of Gachambi John (deceased) v BRENDA WANJIRU KABUE [2010] KEHC 2442 (KLR)

✦ The court grants a temporary injunction restraining the Defendant from dealing with the land until the suit is heard and determined. A mandatory injunction is granted to cancel the title deed issued to the Defendant.

DICKSON DANIEL KARABA v JOHN NGATA KARIUKI & 2 others [2010] KEHC 4098 (KLR)

KAGWIRIA MUTWIRI KIOGA v THE STANDARD LIMITED & 4 others [2010] KEHC 1175 (KLR)

✦ The court held that the publication was not defamatory and dismissed the plaintiff's claim.

KWIK FIT TYRES & AUTOCARE v MOHAMED SALIM JUMA & 2 others [2010] KEHC 2547 (KLR)

✦ The court dismissed the plaintiff's objection to the defendants' application.

DAVID KARANJA THUO t/a (Practising as D.K. Thuo & Co. Advocates) v NJAGI WANJERU (Practising as Njagi Wanjeru & Co. Advocates) [2010] KEHC 1822 (KLR)

✦ The Defendant is ordered to pay the balance of Kshs.1,000,000.00 to the Plaintiff within a period fixed by the court and in default, an order for enforcement will issue.