Kenyan case law

KENYA COMMERCIAL BANK LIMITED v BONIFACE KIHIA MWANGI T/A BONKI CONSULTANTS& another [2008] KEHC 2402 (KLR)

✦ The application to transfer the suit from the Chief Magistrate's Court to the High Court is dismissed as the subordinate court lacked jurisdiction to hear the case.

M.C.B v S.P.B [2008] KEHC 2022 (KLR)

✦ The marriage is dissolved

ROLEX KIPNGETHICH LABOSO v REPUBLIC [2008] KEHC 1840 (KLR)

✦ The charges are terminated and the appellant is discharged due to improper and unjustified delay

REPUBLIC v AWADHI OMARI KIJAZI [2008] KEHC 1863 (KLR)

✦ The court dismissed the preliminary objection and found that the prosecution has established a prima facie case against the accused.

DOUGLAS GITONGA KIARA & another v ALICE KARIMI & 2 others [2008] KEHC 1763 (KLR)

✦ The respondents will be restrained from evicting the 2nd applicant from the suit land and from withdrawing any money from the two accounts in question. The proceeds from the rental houses will be banked intact in the Kenya Commercial Bank, Meru Branch, pending the determination of the cause.

BAMBURI SPECIAL PRODUCTS LTD v BENARD MUTHINJI KAMAU [2008] KEHC 2431 (KLR)

✦ The court finds that the respondent failed to prove his case against the appellant and dismisses the respondent's suit.

JASWINDER SINGH JABBAL v R. J. TILBURY [2008] KEHC 3844 (KLR)

✦ The Provincial Surveyor's report is set aside due to misconduct in that he did not do what was required of him by the order of referral and dwelled on matters not required by the order.

JIMNA MWANGI GICHANGA v THE ATTORNEY GENERAL [2008] KEHC 2457 (KLR)

INTERLAND DISTRIBUTORS LTD & another v THE STANDARD LIMITED [2008] KEHC 2420 (KLR)

✦ The court granted a stay of execution of the decree pending appeal on the condition that the appellants file and serve the record of appeal within 90 days and take necessary actions to prosecute the appeal within 12 months.

ELSA ADHIAMBO AKWIRI & 14 others v MARY AWINO OKUMU & 2 others [2008] KEHC 2338 (KLR)

✦ The court directed the respondents to instruct a registered valuer to inspect, value, and state the open market value of the properties for court purposes.

DAVID KAKAI v REPUBLIC [2008] KEHC 2350 (KLR)

✦ The appellant’s conviction was unsafe due to conflicting evidence and discrepancies in the particulars of the offence.

KENYA DAIRY BOARD & another v ERIC MUTUMA [2008] KEHC 2568 (KLR)

✦ Application for stay of execution is dismissed

NDURYA KATANA v SAID BADI ZEMBE [2008] KEHC 1697 (KLR)

✦ The application has no merit and is dismissed with costs to the Defendant/Respondent.

REPUBLIC v HON ABDIRAHMAN ALI HASSAN & 14 others [2008] KEHC 3837 (KLR)

✦ Application stands dismissed

MUNGI FARMERS TOBACCO COMPANY v NAUSHAD TRADING COMPANY (? 118 of 2007) [2008] KEHC 1698 (KLR) (6 June 2008) (Ruling)

✦ The application is dismissed with costs as the plaintiff has not established a prima facie case with a probability of success and the balance of convenience favours the maintenance of the prevailing status quo.

JULIUS KURIA KIERU v GILBERT GICHAGUA GITACHU & another [2008] KEHC 2449 (KLR)

✦ The application to vacate the June 15, 2000 order is misconceived and is hereby struck out with no order as to costs. The September 15, 1995 application is fixed for hearing on priority basis.

TITUS OKUMU ALAI & LUCY ACHIENG OJANY ALAI v JUDAH KAIRIMA MAGAMBO &SUSAN NKATHA KAIRIMA (Civil Case 290 of 2007) [2008] KEHC 1719 (KLR) (6 June 2008) (Ruling)

✦ The Defendants did not fulfill their party of the bargain under the Sale Agreement and are liable to the Plaintiffs under the contract. The Defendants' defense is struck out.

In Re Estate of M'ikunyua Njiru (Deceased) [2008] KEHC 1764 (KLR)

✦ The order of stay is not amenable to review or setting aside on the basis of an error or mistake apparent on the face of the record.

David Kigotho Iribe v John Wambugu Ndungu & another [2008] KEHC 2327 (KLR)

✦ The court awards the plaintiff Kshs.1, 300,000 for general damages, Kshs.1, 440,000 for loss of future earnings, and Kshs.133,155 for special damages for medical expenses.

SAMSON KEENGU NYAMWEYA & 2 others v MOHAMMED HATIMY & 3 others [2008] KEHC 2448 (KLR)

✦ The court allowed the Defendants' application for review and set aside the order allowing the Plaintiffs' application for temporary injunction. The Defendants' application is dismissed, and the Plaintiffs' application is also dismissed.

ECO-NEWS AFRICA & 2 others v GEORGE AKONGO ANYONGA [2008] KEHC 2453 (KLR)

✦ The Appellants' application is reinstated and the order dismissing the original application is set aside.

JOSHUA ODANGA v TIM ONYANGO [2008] KEHC 2408 (KLR)

✦ The decree and warrant of attachment are set aside, and the interest imposed on the decretal sum is disallowed.

In Re M & VNM (Babies) [2008] KEHC 2587 (KLR)

✦ The court authorized the applicants to adopt the two babies and directed the Registrar-General to enter the adoptions in the Register of Adoptions. The court also directed the Principal Immigration Officer to assist the applicants in exiting the country if necessary.

DORIS CIAMBAKA JAPHET [2008] KEHC 1766 (KLR)

✦ The application has no merit and is dismissed with costs to the respondents.

NDURYA KATANA v SAID BADI ZEMBE [2008] KEHC 1696 (KLR)

✦ The application has no merit and is dismissed with costs to the defendant.