Kenyan case law

Mbeu Kithakwa v Phillip Muchiri Mugo [2008] KEHC 2560 (KLR)

✦ The court dismissed the plaintiff's application for an interlocutory injunction, finding that the case was res judicata and that the defendant's appeal had set aside the lower court's orders.

Republic v Raphael Mutui Wambua [2008] KEHC 2657 (KLR)

✦ The proceedings are declared a nullity and the accused is ordered released unless otherwise lawfully held.

A S V S V K S [2008] KEHC 130 (KLR)

✦ Further affidavit filed by Respondent is expunged from the record and the application for amendment is dismissed with costs.

In Re Jackson Kamau Chege (Deceased) [2008] KEHC 1737 (KLR)

✦ The court orders the respondent to pay the applicant for the deceased's children's expenses and family maintenance costs.

PETER MWANGI MBATARU V JOSPHAT WAGUKA GIKANDI [2008] KEHC 2561 (KLR)

✦ The application is dismissed as the plaintiff failed to show that he was suffering from a disability that would allow for an extension of the limitation period.

Sammy Libechi v Republic [2008] KEHC 1138 (KLR)

✦ The application for bail pending appeal is dismissed.

In Re:CHGE NGAMATE – (DECEASED) [2008] KEHC 1839 (KLR)

✦ The summons for revocation is dismissed. The court does not award costs.

JULIUS MBITHI NDUVA v REPUBLIC [2008] KEHC 2363 (KLR)

✦ The appeal is dismissed as the sentence of life imprisonment is not illegal or manifestly excessive and the sentencing court did not apply a wrong legal principle.

DAVID ODHIAMBO AWINO v NATION MEDIA GROUP LIMITED [2008] KEHC 2412 (KLR)

✦ The plaintiff's claim for defamation is upheld.

REPUBLIC v MICHAEL OUMA AGUNDA [2008] KEHC 2142 (KLR)

✦ The High Court holds that the State cannot use the criminal case to detain the tractor unless it can demonstrate that the tractor was an exhibit in the case.

ELIJAH MATHU GICHERU v REPUBLIC [2008] KEHC 2341 (KLR)

✦ Conviction for rape upheld, sentence reduced to 10 years. Conviction for sodomy quashed. Conviction and sentence for possession of narcotic drugs upheld.

JEDIDA RUGURU NGARI v PRISCA MARIGU NGARI [2008] KEHC 1925 (KLR)

COLLINS OMUKUBA ASIRA v REPUBLIC [2006] [2008] KEHC 2513 (KLR)

✦ The conviction is upheld as the evidence was clear and well corroborated. The sentence is lawful and the appeal is dismissed.

REPUBLIC v RAPHAEL MUTUI WAMBUA (ACCUSED) [2003] [2008] KEHC 2510 (KLR)

✦ The proceedings are declared a nullity and the accused is ordered released.

JACKSON ASATI OWOUR v REPUBLIC [2008] KEHC 2145 (KLR)

✦ The applicant's constitutional rights were not violated as the state provided a reasonable explanation for the delay.

MURIUKI NGERANO v NJERU REUBEN NJUKI & another [2008] KEHC 2291 (KLR)

✦ The court orders the defendants to retransfer parcels No. 3622 and 3629 to the plaintiff and evicts the defendants from the suit lands.

CENTRE SHOP v PHARIS NKARI GITARI & another [2008] KEHC 2468 (KLR)

✦ The objection raised is upheld and the application dated 4th February 2008 is struck out with costs to the appellant.

ALEX THAIRU NDUTA v SOCFINAF COMPANY LIMITED PETER MWANGI & another [2008] KEHC 3848 (KLR)

✦ The court dismisses the application with costs, finding no merit in it.

BERNARD KAMAU NGACHA v HANNAH WAIRIMU GATEMBU [1998] [2008] KEHC 2496 (KLR)

✦ The appeal is allowed, and the judgment of the lower court is set aside. The parties are directed to go back to the drawing board.

JAMES MITHIKA v SIMON MITHIKA CHOKERA & another [2008] KEHC 2147 (KLR)

✦ The application is dismissed as the reason for transfer is not sufficient.

MAINA KANORU v MIRIAM WANJIKU WAITHAKA [2008] KEHC 2207 (KLR)

✦ The grant of letters of administration to the respondent was annulled due to her misrepresentation and concealment of material facts.

JOSPHAT MBEGE ONYANGO v REPUBLIC [2008] KEHC 2357 (KLR)

✦ The conviction is quashed and the appellant is set at liberty

JOSEPH MWANIKI MUCHIRA v NDIMA TEA FACTORY LTD [2008] KEHC 2302 (KLR)

✦ The defendant was properly served with the hearing notice and should have attended court. The defendant's failure to appear was not due to a genuine defense but rather deliberate delay.

SAMUEL JUSPER OMONDI v REPUBLIC [2008] KEHC 2360 (KLR)

✦ The conviction and sentence in all counts are quashed and set aside. The appellant shall be set at liberty unless otherwise lawfully withheld.

REPUBLIC v BENEDICT KALOVWE KAWETO (ACCUSED) [2008] [2008] KEHC 2497 (KLR)

✦ There is nothing to revise in this matter and the matter is deemed closed