Kenyan case law
-
PATRICIA BIRUNGI NAZZIWA & 2 OTHERS V REPUBLIC [2012] KEHC 5833 (KLR)
✦ The application is dismissed.
-
Farmers World Limited v Stonic Nyamwaya Okemwa [2012] KEHC 9 (KLR)
✦ The court sets aside the trial magistrate's award of Kshs.1,400,000 and substitutes a global sum of Kshs.1,000,000 apportioned at the 30:70% agreed ratio.
-
Republic v Commissioner of Customs & Excise & 2 others Exparte Mastermind Tobacco Limited [2012] KEHC 2282 (KLR)
✦ The court found that the respondents had the legal authority to collect taxes and that the demand letters were illegal.
-
CORNELIA ELAINE WAMBA V SHREEJI ENTERPRISES LTD & OTHERS [2012] KEHC 5827 (KLR)
✦ The court found that the plaintiff had legally and procedurally vested herself with the ownership of the motor vehicle and that the deceased was lawfully driving the plaintiff's vehicle at the time of the accident. The court held that the 2nd defendant was negligent and that the 1st defendant was vicariously liable. The court also found that the 3rd party was not at fault.
-
REPUBLIC V THE CHAIRMAN KEUMBU LAND DISPUTES TRIBUNAL & 2 OTHERS EXPARTE NICODEMUS MOMANYI [2012] KEHC 2145 (KLR)
✦ The application is dismissed as the proceedings were not subjudice and the decision of the Land Disputes Tribunal was not unlawful.
-
LEWELA MWAKUNDWA V REPUBLIC [2012] KEHC 5802 (KLR)
✦ The appeal is dismissed. The trial magistrate's conviction and sentencing were upheld.
-
MUTHAMA GEMSTONES (K) LTD V CMC MOTORS GROUP LTD & ANOTHER [2012] KEHC 5899 (KLR)
✦ The court held that the 1st Defendant failed to adequately repair the vehicle and that the Plaintiff was entitled to an injunction to have the vehicle released.
-
REPUBLIC V CONSTITUENCY DEVELOPMENT BOARD & ANOTHER EX-PARTE HEARP CONSTRUCTION WORKS LIMITED [2012] KEHC 2100 (KLR)
✦ The application is dismissed with costs.
-
PETER DENIS MBWALI & ANOTHER V KENYA LITERATURE BUREAU [2012] KEHC 2266 (KLR)
✦ plaintiffs' claims for back salaries and benefits are upheld
-
KAPURCHAND DEPAR SHAH V CONSOLIDATED BANK FINANCE LTD [2012] KEHC 5819 (KLR)
✦ The court orders the defendant to hand over the log books and transfer forms of the motor vehicles and restrains them from interfering with the plaintiff's possession and enjoyment of the vehicles.
-
KRISBIANUS MOGOIGA MUCHUNI V THOMAS CHACHA MATIKO [2012] KEHC 1034 (KLR)
✦ The court declares that the appellant is the owner of plot number 2 Kugitimo Market and issues a permanent injunction restraining the respondent from interfering with the plot.
-
Njenga Gachathi v Njoroge Mwororo [2012] KEHC 2294 (KLR)
✦ The application is dismissed with costs to the plaintiff
-
Charles Gitonga Njuguna, John Kariuki Mwaniki, Martin Mugendi Ireri & John Muriuki Mugo v Republic (Criminal Appeal 160,158,161 & 163 of 2009) [2012] KEHC 2376 (KLR) (21 September 2012) (Judgment)
✦ The convictions on the charge of robbery with violence are quashed and the death sentence set aside. The convictions on Count 3 and Count 4 are upheld, with each appellant sentenced to 6 months imprisonment.
-
CATHERINE NDUTA NGARACHU Suing as personal & Legal Representative of the estate of Nashon Kuria Ngarachu (deceased) v PETER GITAU NJONDE & another [2012] KEHC 2153 (KLR)
✦ The application is not merited and is dismissed with no order as to costs
-
Mumbi Mwathi v Stephen Ndung’u Mwathi [2012] KEHC 2264 (KLR)
✦ The orders for letters of administration and related proceedings are revoked and annulled. The titles resulting from subdivision are cancelled, and the deceased's title is restored.
-
RIFT VALLEY PRODUCTS LIMITED v PLEXUS COTTON LIMITED [2012] KEHC 5793 (KLR)
✦ The Court dismissed the Defendant's application as the Plaintiff's claim is not misconceived, frivolous, bad in law, or an abuse of the court process.
-
RONALD REAGAN LUBASO V REPUBLIC [2012] KEHC 2363 (KLR)
✦ The appellant's application for bail pending appeal is unmeritorious and is hereby dismissed.
-
Trusted Society of Human Rights Alliance v Attorney General & 2 others; Matemu (Interested Party); Kenya Human Rights Commission & another (Amicus Curiae) (Petition 229 of 2012) [2012] KEHC 2480 (KLR) (Constitutional and Human Rights) (20 September 2012) (Judgment)
✦ The reasonable precision test of admissibility of constitutional petitions is in consonance with the Constitution of Kenya, 2010. The doctrine of separation of powers does not exclude the Judiciary from determining whether proposed appointees meet the constitutional criterion for appointment.
-
Nalin Dayabhai Patel v City Finance Bank Limited & another [2012] KEHC 2190 (KLR)
✦ The application should be dismissed.
-
Lonhro Hotels (K) Limited v Parsintei Ole Ntutu & 5 others [2012] KEHC 2081 (KLR)
✦ The court held that Mr. Kinyanjui could not unilaterally apply to the court for the joining of the suit to the estate under his management, as it was not a fait accompli. The court also ruled that the Environmental and Land Division of the High Court was best placed to handle the matter.
-
JOHN RIA FAKII V ATTORNEY GENERAL [2012] KEHC 5959 (KLR)
✦ The Notice of Motion is struck out as a nullity ab initio with costs to the Respondent and Interested Parties.
-
Alliance Media Kenya Limited v Sports Stadia Management Board [2012] KEHC 1803 (KLR)
✦ The application is allowed with costs to the plaintiff
-
JACKLINE NJAMBI KINYANJUI V MARGARET WAIRIMU [2012] KEHC 2351 (KLR)
✦ The Preliminary Objections are dismissed
-
Beatrice Adhiambo Ngiela & another v Mehul Kishorchand Shah & another [2012] KEHC 2256 (KLR)
✦ The 2nd Defendant is not a necessary party in these proceedings and is hereby struck out of the suit
-
JOSEPH KIAGO KAGURU v RAMANDE LTD & Another [2012] KEHC 5781 (KLR)
✦ An injunction is granted to restrain Ramande Ltd and Daniel Kihiko from interfering with Kaguru's possession of Plot Number LR MN/1/6564 Nyali.