Kenyan case law

Esther Khasoa Shiundu v John Manyasa Shiundu [2014] KEHC 2261 (KLR)

✦ The estate will be distributed as follows: Consolata and Prisca will receive 3 acres each, George Keya Shiundu, Maurice Mbati Shiundu, and Peter Imbusi Shiundu will share the remainder, Simon Maina Shiundu will receive 1 1/2 acres, Paul Imbusi Shiundu will receive 1/2 acre, and James Lukavale Shiundu will receive 1/2 acre. The petitioner will have life interest on the shares of her two sons.

Mulianga Ekesa v Talitia District Hospital & another [2014] KEHC 2390 (KLR)

✦ The court orders the defendant to pay Kshs. 40,000 as compensation for the value of the trees cut and to plant and nurture 20 trees within the area where the current trees were cut.

Kimani Gecau v Rural Urban Credit & another [2014] KEHC 8727 (KLR)

✦ The Plaintiff's suit was filed in contravention of Section 228 of the Companies Act, making the suit void ab initio. The Plaintiff's application for leave to amend the name of the 1st Defendant and proceed against the liquidated defendant is denied.

Ann Nkatha v George Cheme Muguna & another [2014] KEHC 165 (KLR)

✦ The application is allowed with costs to be in the cause.

Republic v Richard Githaiga Wachira [2014] KEHC 2457 (KLR)

✦ The court grants the bond with conditions

Republic v Francis Kisienya Mumbi [2014] KEHC 2077 (KLR)

✦ The accused has a case to answer

Republic v District Land Registrar, Kiambu & 4 others Ex parte Joyce Wanjiku [2014] KEHC 2440 (KLR)

✦ The court quashed the decision and report of the District Land Registrar and District Surveyor and prohibited the Chief Magistrate's Court from receiving and adopting the decision.

Mary T Musotsi v District Officer Sub County Commissioner Malava & another [2014] KEHC 2166 (KLR)

✦ The application is dismissed as there is no evidence that the respondent has refused to perform a legal, public or administrative duty or that the applicant has applied for and received consent from the Land Control Board.

Edith Nyambura Mwanjera v Symon Mwanjera Ndara & 2 others [2014] KEHC 2122 (KLR)

✦ The Plaintiff's application for mandatory injunctions and other orders is granted.

C Mehta & Co Limited v Standard Bank Limited [2014] KEHC 8707 (KLR)

✦ The court found that the bank breached the contract by dishonouring three out of four cheques, and that the dishonour did affect the plaintiff's reputation.

Sabastian Okwero Mrefu v Republic [2014] KEHC 2334 (KLR)

✦ The death sentence is set aside and replaced with a sentence of 8 years imprisonment, the period the petitioner has already served in prison.

John Namayi Etemesi & another v Republic [2014] KEHC 2276 (KLR)

✦ The appeals are allowed, and the appellants are set at liberty.

Makunyi Rwanda v Ruth Karauki Ayub (Environment & Land Case 137 of 2013) [2014] KEHC 225 (KLR) (14 October 2014) (Ruling)

✦ The court allows the application invoking Section 63 (e) of the Civil Procedure Act.

Republic v Kenya Airports Authority Ex-parte Suzan General Trading JLT [2014] KEHC 8435 (KLR)

✦ The chamber summons application for leave to commence judicial review proceedings is dismissed.

Republic v Cabinet Secretary Ministry of Health & 2 others Ex parte Elizabeth Awino Onyango [2014] KEHC 2512 (KLR)

Benson Masakhwe v Republic [2014] KEHC 2258 (KLR)

✦ The appeal is dismissed. The appellant was properly identified by PW2 at an identification parade. The prosecution proved its case beyond reasonable doubt.

Mastermind Tobacco (K) Ltd v Attorney General & 3 others [2014] KEHC 8312 (KLR)

✦ The petition is reinstated, the conservatory orders are reinstated, and the parties are directed to negotiate a settlement or proceed with prosecution within 60 days.

A K v Republic [2014] KEHC 2043 (KLR)

✦ The conviction for sexual assault is upheld as the evidence proved the case. The appeal is dismissed.

Kamlesh Mansukhlal Damji Pattni v Nation Media Group Limited [2014] KEHC 1867 (KLR)

✦ The court dismisses the plaintiff's suit with costs to the defendant

Joyce Wanza Mutua v Republic [2014] KEHC 2103 (KLR)

✦ The court denied the application for bail due to the applicant's deteriorating health, but allowed her to attend court once a month.

Republic v County Secretary (Nairobi City County) & another Ex-parte Catherine W Ngala practicing as CW Ngala & Co Advocates [2014] KEHC 8291 (KLR)

✦ An order of mandamus is issued compelling the County Secretary and Chief Officer Finance/County Treasurer to pay the decretal sums to the applicant.

David Kavyu & 12 others v Mwangagi Mbindiyo (sued as representative of John Mbindiyo Mutinda) [2014] KEHC 2039 (KLR)

✦ The application is granted, and the ex-parte injunction restraining the Respondent from dispossessing the Applicants is confirmed.

Republic v Land Registrar Murang’a & 6 others Ex-Parte Isaac Maina Kahacho & another [2014] KEHC 2532 (KLR)

✦ The six-month limitation period does not bar the applicants from bringing the present proceedings, as the nature of judicial review requires parties to approach the Court expeditiously.

Samuel Kamau Macharia v Ali Khan Ali Muses & 2 others [2014] KEHC 8452 (KLR)

✦ The court found that the defendants did not commit fraud and that the plaintiff's claims were unfounded.

Kibibi Mzee Sharbaidi & another v Mwanamkuu Mzee Mwitu [2014] KEHC 2196 (KLR)

✦ The application is dismissed with costs to the respondent as it is more of an appeal against the Kadhi's decision than a Miscellaneous application.