Kenyan case law

• JULIUS WANGO OLALE v REPUBLIC [2009] KEHC 1106 (KLR)

  ✦ The applications are dismissed as the one-day delay was sufficiently explained and not inordinate.

  [2009] KEHC 1106 (KLR) High Court of Kenya 20 July 2009

• AFRICAN AUTO SUPPLIES LTD v ATTORNEY GENERAL [2009] KEHC 512 (KLR)

  ✦ Application is fatally defective and dismissed with costs.

  [2009] KEHC 512 (KLR) High Court of Kenya 20 July 2009

• ONESMUS NZOMBO NZAVI & 2 others v REPUBLIC [2009] KEHC 2385 (KLR)

  ✦ The appeals are dismissed with the death sentence affirmed for Count 2 and the suspension of the death sentence for Count 3 until execution of the first or any further orders.

  [2009] KEHC 2385 (KLR) High Court of Kenya 20 July 2009

• JULIUS WANGO OLALE v REPUBLIC [2009] KEHC 1163 (KLR)

  ✦ The applications are dismissed as the one day delay was sufficiently explained and not inordinate.

  [2009] KEHC 1163 (KLR) High Court of Kenya 20 July 2009

• COUNTY COUNCIL OF MAKUENI v PRINCIPAL MAGISTRATE’S COURT AT MAKUENI [2009] KEHC 1984 (KLR)

  ✦ The Court grants leave to apply for an order of certiorari and prohibition, and orders a stay of the decision in issue.

  [2009] KEHC 1984 (KLR) High Court of Kenya 20 July 2009

• JOSEPHAT NYARONGI ONDIEKI V REPUBLIC [2009] KEHC 2569 (KLR)

  ✦ The accused's Constitutional rights were not violated and the hearing should proceed in the normal manner before the trial court.

  [2009] KEHC 2569 (KLR) High Court of Kenya 20 July 2009

• MWALIMU KALAMA FONDO v REPUBLIC [2009] KEHC 1542 (KLR)

  ✦ The conviction is upheld, and the sentence of seven years imprisonment is confirmed.

  [2009] KEHC 1542 (KLR) High Court of Kenya 20 July 2009

• JOSEPH MAINA GOKO v TRANSPORT LICENSING BOARD & others [2009] KEHC 2240 (KLR)

  ✦ The application is struck out with costs to the respondents.

  [2009] KEHC 2240 (KLR) High Court of Kenya 20 July 2009

• IRENE JANET EBIFA v RODGERS MUNONIA WANDERA [2009] KEHC 1945 (KLR)

  ✦ The court dismisses the appellant's application for stay of execution of the decree and warrant pending appeal.

  [2009] KEHC 1945 (KLR) High Court of Kenya 20 July 2009

• JULIUS WANGO OLALE v REPUBLIC [2009] KEHC 710 (KLR)

  ✦ The applications are dismissed as the one day delay was sufficiently explained and not inordinate.

  [2009] KEHC 710 (KLR) High Court of Kenya 20 July 2009

• JACINTA WANGARI MACHARIA v ATTORNEY GENERAL & 2 others [2009] KEHC 1895 (KLR)

  ✦ The judge disqualified himself from hearing the matter due to the remarks made.

  [2009] KEHC 1895 (KLR) High Court of Kenya 20 July 2009

• REPUBLIC V NANCY NJERI MUIGAI [2009] KEHC 2956 (KLR)

  ✦ The constitutional rights of the accused were flagrantly violated due to the prolonged delay in bringing her to court.

  [2009] KEHC 2956 (KLR) High Court of Kenya 20 July 2009

• JOHN MANG’UYE & another v SENIOR RESIDENT MAGISRATE KITUI [2009] KEHC 1987 (KLR)

  ✦ The court grants leave to institute judicial review orders and quashes the proceedings in Kitui SRMCC No. 321/2009, and orders a stay of the proceedings.

  [2009] KEHC 1987 (KLR) High Court of Kenya 20 July 2009

• BONIFACE NZOMO MASILA & ANOTHER V REPUBLIC [2009] KEHC 2387 (KLR)

  ✦ The convictions are quashed, sentences are set aside, and the accused are ordered to be released.

  [2009] KEHC 2387 (KLR) High Court of Kenya 20 July 2009

• . BONIFACE NZOMO MASILA & ANOTHER V REPUBLIC [2009] KEHC 2389 (KLR)

  ✦ The convictions are quashed, sentences set aside, and the accused are ordered to be released.

  [2009] KEHC 2389 (KLR) High Court of Kenya 20 July 2009

• PEWIN SUPPLIES LIMITED v PERMANENT SECRETARY, MINISTRY OF PUBLIC WORKS [2009] KEHC 2239 (KLR)

  ✦ The application is granted

  [2009] KEHC 2239 (KLR) High Court of Kenya 17 July 2009

• RUMBA KINUTHIA V K.T.N. BARAZA [2009] KEHC 2265 (KLR)

  ✦ The words complained of are a fair and accurate report of Justice Lenaola's ruling and enjoy absolute privilege under section 6 of the Defamation Act, thus making the Defendant free from liability to the Plaintiff in defamation.

  [2009] KEHC 2265 (KLR) High Court of Kenya 17 July 2009

• MBUGUA & MBUGUA ADVOCATES v KENINDIA ASSURANCE COMPANY LTD [2009] KEHC 2637 (KLR)

  ✦ The Taxing Officer erred in principle in awarding getting up fees for a trial that never took place and which had not been confirmed. The Taxing Officer also erred in awarding VAT as against instruction fees. The Taxing Officer’s award on perusals and correspondences is upheld.

  [2009] KEHC 2637 (KLR) High Court of Kenya 17 July 2009

• REPUBLIC V MIRIAM NJAMBI KAMAU [2009] KEHC 2987 (KLR)

  ✦ The application is dismissed as the explanation given for the delay is reasonable and plausible under the circumstances.

  [2009] KEHC 2987 (KLR) High Court of Kenya 17 July 2009

• KABERIA M’KUCHIANA v PETER KAMANJA [2009] KEHC 2618 (KLR)

  ✦ The appeal is allowed, the orders of 4.09.2003 are set aside and the fine of Ksh.10,000/- is refunded to the appellant.

  [2009] KEHC 2618 (KLR) High Court of Kenya 17 July 2009

• PETER MUIRURI KABIRU V PAUL WANDATI KABUE [2009] KEHC 2100 (KLR)

  ✦ The court found the Verifying Affidavit defective and contrary to the Oaths and Statutory Declaration Act.

  [2009] KEHC 2100 (KLR) High Court of Kenya 17 July 2009

• NJUGUNA NGUNJIRI & 6 OTHERS V SAVINGS & LOAN (K) LTD & 5 OTHERS [2009] KEHC 3053 (KLR)

  ✦ The plaintiffs lack a platform on which to stand to mount a challenge to the validity of the charge and have failed to cross the first hurdle placed on their path to establish their bona fides to file this suit against the defendant bank.

  [2009] KEHC 3053 (KLR) High Court of Kenya 17 July 2009

• KANTAI & CO. ADVOCATES v THOMAS NJUNGE T/A NJUNGE INDUSTRIAL ENTERPRISES COMPANY [2009] KEHC 1126 (KLR)

  ✦ The court grants the notice motion dated 18th August 2008 for judgment under section 51 of the advocate's Act.

  [2009] KEHC 1126 (KLR) High Court of Kenya 17 July 2009

• JOHN KAMAU NJUGUNA & 4 others v EMILIO MWANGI T/A CIRCUIT INVESTMENT & another [2009] KEHC 3018 (KLR)

  ✦ The application is allowed with costs to the applicant.

  [2009] KEHC 3018 (KLR) High Court of Kenya 17 July 2009

• MOTICHAND VIRPAL SHAH & 3 OTHERS V INVESTMENT & MORTGAGES BANK LTD & 2 OTHERS [2009] KEHC 2478 (KLR)

  ✦ The application is allowed, and the court orders the extension of time to file the objection to the taxation and a stay of execution of the defendant's taxed costs.

  [2009] KEHC 2478 (KLR) High Court of Kenya 17 July 2009