Kenyan case law

DICKSON MUSYOKI MAUNDU V KANGUNDO FARMING & 7 OTHERS [2009] KEHC 2140 (KLR)

✦ The defendant's opposition to the Notice of Motion is dismissed, and the plaintiff's suit is hereby dismissed with costs for want of prosecution.

CASEMENT INDUSTRIES LTD v ATTORNEY GENERAL & 7 others [2009] KEHC 2483 (KLR)

✦ The application to strike out the suit against the 7th and 8th Defendants is granted, and the suit against them is struck out with costs.

ELF OIL KENYA LIMITED V HUNKER TRADING COMPANY LIMITED [2009] KEHC 2488 (KLR)

✦ The Court held that the Plaintiff is entitled to a sum of Kshs.10,548,780 from the Defendant.

LULE AUTO SPARES LIMITED & 4 OTHERS V BARCLAYS BANK OF KENYA LIMITED [2009] KEHC 2472 (KLR)

✦ The application is dismissed in its entirety for lack of merit.

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.

AZMINA MERALI v ALEEM SHIRAZ MERALI [2009] KEHC 3250 (KLR)

✦ The court granted the plaintiff's application for a temporary injunction, a permanent injunction, a declaration of ownership, and a mandatory injunction.

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.

Mussa Ezekiel Oebah v Jomo Kenyatta University of Agriculture and Technology [2009] KEHC 2098 (KLR)

✦ The exparte judgment is dismissed with costs to the respondent

IN THE MATTER OF: SECTION 84(3) OF THE CONSTITUTION OF KENYA & 5 OTHERS V MAURICE NYANGI SIMEON [2009] KEHC 2324 (KLR)

✦ The charges are quashed and the applicant is set at liberty unless he is otherwise being legally held.

In Re GREAT SOUTHERN COACH [2009] KEHC 919 (KLR)

✦ The application is dismissed as there are no good reasons to warrant a stay order

KENNEDY ODHIAMBO OWITI v GEROGE ARUNGA SINO & another [2009] KEHC 1917 (KLR)

✦ The preliminary objection is not merited and is dismissed with costs.

M’KUURA RUGOJI v PETER MURUITHANIA RUGOJI [2009] KEHC 2594 (KLR)

✦ The decision of the Eastern Province Land Disputes Appeals Committee and the District Land Tribunal are hereby set aside and the respondent's case is dismissed.

MARGARET WANJIRA NJENGA V ATHI RIVER MINING CO. LTD [2009] KEHC 2711 (KLR)

✦ Awarded Kshs.680,000 for loss of dependency, Kshs.10,000 for pain and suffering, and Kshs.100,000 for loss of expectation of life. Total award is Kshs.790,000, reduced by 20% to Kshs.635,100.

ALLAN MUNDIA KAHINYA V ATHI RIVER MINING CO. LTD [2009] KEHC 2714 (KLR)

✦ Special damages of Kshs.184,000/= are awarded to the plaintiff

REPUBLIC V MERU CENTRAL DISTRICT LAND & OTHERS [2009] KEHC 2201 (KLR)

✦ The ex parte applicant's motion is dismissed with costs awarded to the respondents.

MATRIX TECHNOLOGIES CO. LTD. v SHEILA KINYA MAINGI t/a RIZIKI COMMUNICATIONS [2009] KEHC 3253 (KLR)

✦ The court upheld the High Court's decision to terminate the contract and ordered the defendant to pay the plaintiff the outstanding balance.

EDWARD KIRAGU & another v SHELL & BP (MALINDI) KENYA LTD [2009] KEHC 2775 (KLR)

✦ The court found that the Plaintiffs were wrongfully dismissed and ordered the Defendant Company to pay compensation.

g.k.m v p.s.m (? 1 of 2004) [2009] KEHC 3419 (KLR) (16 July 2009) (Judgment)

M’ITWAMWARI KAIBUCHI v MUSA MBURUGU MUGAMBI [2009] KEHC 2592 (KLR)

✦ The appellant's application is dismissed with costs awarded to the respondent. Orders of stay are discharged.

M’ITIMITU M’ARANGEI v DANIEL KINYUA & 4 others [2009] KEHC 2620 (KLR)

✦ An order of injunction shall issue pending the hearing and determination of this appeal to restrain the first, fourth, and fifth respondents from interfering with the appellant's activities on the specified parcels of land.

REPUBLIC v MOSES WASHIKA DELDAD & another [2009] KEHC 320 (KLR)

✦ A prima facie case has been established against the two accused persons.

EKK V PKM [2009] KEHC 2138 (KLR)

✦ The court grants the application for committal of the Respondent to civil jail for a period of one month unless he pays the claimed sum of KShs. 675,000 within 15 days from the date of the order. If the payment is not made, the order of committal will issue without further application.

KANIKI KARISA KANIKI v COMMERCIAL BANK OF AFRICA & 2 others [2009] KEHC 1669 (KLR)

✦ The application is dismissed in its entirety and the orders sought are declined.

REPUBLIC V ALBERT KUBAI MBOGORI [2009] KEHC 4219 (KLR)

✦ The accused is sentenced to 14 months imprisonment

EDWARD KIRAGU & another v SHELL & BP (MALINDI) KENYA LTD [2009] KEHC 2725 (KLR)