Kenyan case law

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.

MICHAEL MURIUKI MURINDI v LAWRENCE NGIGOYA GICHERU [2010] KEHC 2648 (KLR)

✦ The court dismisses the appeal, finding that the appellant had no locus standi to file the suit, no cause of action against the respondent, and that his claim was time-barred. The court also finds that consent to institute the suit was not necessary.

REAGAN KIBIA v IGOJI TEACHERS COLLEGE [2010] KEHC 2696 (KLR)

✦ The judgment of the principal magistrate is set aside, and the appellant is awarded general damages of Kshs. 500,000/=.

IN THE MATTER OF AN APPLICATION BY JOSEPH NJANEMAINA (thro’ his legal representative Damaris Wamuyu Njane) & DAMARIS WAMUYU NJANE [2010] KEHC 2333 (KLR)

✦ The court denied the application for leave to file suit out of time.

MWAI NDATHI v BERNARD NJOKA MWAI [2010] KEHC 1950 (KLR)

✦ The father is the absolute proprietor of the land and the son is a licensee. The father has no duty to provide for the son's grandchildren.

PAYLESS CAR HIRE & TOURS LTD. t/a BUDGET RENT A CAR OF KENYA v WELLS FARGO LIMITED [2010] KEHC 1795 (KLR)

✦ Defendant's defense raises triable issues, summary judgment denied.

Adopt A Light Limited v City Council of Nairobi [2010] KEHC 2455 (KLR)

✦ The application is dismissed with costs, as there was no error on the face of the record and the plaintiff cannot review a ruling of this court.

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.

LUCY NDUTA KAMAU v MACHITHI AUTOSPARES & 2 others [2010] KEHC 2497 (KLR)

✦ The 1st and 2nd Defendants are entitled to vacant possession of the suit land.

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.

MUTEGI KAREGA v JOSEPH KINYANJUI & HEADMASTER NJIHIA [2010] KEHC 1169 (KLR)

✦ The court awarded the Plaintiff mesne profits for the period 29th July 1994 to 30th May 2010 at the rate of Kshs 3,000/= per month, making a total of Kshs 555,000/=.

JAMES KINYUA & another v JOSEPH MUTWIRI RICHARD [2010] KEHC 2767 (KLR)

✦ Application for stay of execution is dismissed, and the application for leave to file appeal out of time is also dismissed with costs awarded to the respondent.

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.

CHANGWONY CHERUIYOT v REPUBLIC [2010] KEHC 1170 (KLR)

✦ The appeal succeeds, and the judgment and sentence of the lower court are quashed and set aside. The appellant is released unless otherwise lawfully held.

CHARLES GICHANGO WANJOHI v ANDREW KARIUKI & ANOTHER [2010] KEHC 2436 (KLR)

✦ The court dismisses the preliminary objection and gives either party the option to apply for the suit to be heard in the relevant forum.

KANOTHI GITHINJI v WACHIRA GITHINJI & another [2010] KEHC 2521 (KLR)

✦ The appeal is allowed. The Provincial Land Disputes Appeals committee's decision is set aside and is substituted with an order setting aside the decision of the Mathira Land Disputes Tribunal's award. The Appellant is awarded costs of the appeal and those of the Tribunal.

SAMWEL KIPTOO BOIT v REPUBLIC [2010] KEHC 2164 (KLR)

✦ The Appellant is found not guilty of the offence of unlawful killing

JULIUS MWAI KAROKI & ANOTHER v REPUBLIC [2010] KEHC 2804 (KLR)

✦ The appeal is allowed in its entirety, and the conviction and sentence are quashed. The appellants are set at liberty.

REPUBLIC v FRED NJONGESA PETER & 2 others [2010] KEHC 2823 (KLR)

✦ The application is granted

In Re Adoption of M.M (A child) [2010] KEHC 1770 (KLR)

REPUBLIC v SAMWEL CHACHA KABAKA [2010] KEHC 2222 (KLR)

✦ The court finds that a prima facie case was not established and acquits the accused of murder.

Lacton Muriithi Njoka v Trustees,National Social Security Fund [2010] KEHC 1130 (KLR)

✦ The court grants the plaintiff's prayer to restrain the defendant from disposing or alienating the house on LR No. NAIROBI/BLOCK 146/40 Hazina Estate, Nairobi.

AGRICULTURAL SOCIETY OF KENYA (NAIROBI BRANCH) v GEORGE MANGELIT/A CARMAN STANDBY SYSTEM LIMITED & another [2010] KEHC 1079 (KLR)

✦ The court dismissed the appeal and denied the stay of proceedings

DEMAN CONSTRUCTION LIMITED v RAMA CHARO UNDA [2010] KEHC 2615 (KLR)

✦ The court granted leave to appeal out of time and ordered a stay of execution.

PETER KONDE vs INVESCO ASSURANCE COMPANY LTD [2010] KEHC 2131 (KLR)

✦ The court allows the plaintiff's application for summary judgment, finding the defendant's defense to be a sham.