Kenyan case law

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.

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

JUMA NASHON TORKOCH v REPUBLIC [2009] KEHC 3360 (KLR)

✦ The conviction and sentence are quashed, and the Appellant is set at liberty.

RICHARD OMEYO OMINO v CHRISTINE A. ONYANGO [2009] KEHC 2593 (KLR)

✦ The appeal is dismissed with respect to all grounds except for ground five, where the special damages are set aside and substituted with a sum of Kshs. 7,300/=

PIUS NGUGI V HELLEN FEAR [2009] KEHC 2295 (KLR)

✦ Ngugi is the rightful owner of the land and is entitled to a declaration of ownership

REPUBLIC v DIRECTOR OF LAND ADJUDICATION & 2 others [2009] KEHC 2604 (KLR)

✦ The ex parte applicant's Notice of Motion is found to be incompetent and is dismissed with costs awarded to the respondent and the interested party.

CITY HOPPER LIMITED V THOMAS JEREMIAH KIVUVA [2009] KEHC 2756 (KLR)

✦ The Application before me is without merit and is dismissed with costs to the Respondent.

PETER MWANGI &17; OTHERS V CITY COUNCIL OF NAIROBI [2009] KEHC 4225 (KLR)

✦ The application for an injunction is dismissed with costs to the Defendant as the application is brought under a suit which is stale and overtaken by events.

REPUBLIC v MOSES WASHIKA DELDAD & another [2009] KEHC 395 (KLR)

✦ The court finds that a prima facie case has been established against the two accused persons.

REPUBLIC V ANGELINE MORAA OMWENGA & ANOTHER [2009] KEHC 2242 (KLR)

✦ The accused persons are found guilty of murder and the sentence of deferred sentence is upheld.

PAUL NJUGUNA KIMANI v FAITH GATHONI KAROGA [2009] KEHC 1722 (KLR)

✦ The Court grants the application and issues orders for leave to file the appeal out of time and a stay of execution pending the intended appeal.

JULIUS MOMANYI NDEGE V TOWN COUNCIL KEROKA & ANOTHER [2009] KEHC 2421 (KLR)

✦ The application is dismissed as the applicant cannot refile the suit due to the elapsed time and the court finds the applicant's failure to commission the affidavit is not a material fact.

MBUGUA & MBUGUA ADVOCATES v KENINDIA ASSURANCE CO. LTD [2009] KEHC 2227 (KLR)

✦ The respondent failed to establish a suitable case for the grant of orders staying execution of the assessment of the advocate’s cost by the taxing officer. The application is dismissed with costs.

CO-OPERATIVE BANK OF KENYA LTD v KENNETH ONDIEKI OBAE [2009] KEHC 1942 (KLR)

✦ The appeal is successful, and the order of the trial Magistrate is set aside. The respondent’s application is dismissed. The suit will be determined after a full trial.

In Re Jochen MIchael Rinck [2009] KEHC 1105 (KLR)

✦ The court orders the Principal Immigration Officer, Mombasa, and any authorized agent to refrain from detaining and deporting the applicant.

REPUBLIC v WESLEY KIPROT TELE [2009] KEHC 1901 (KLR)

✦ The accused is found not guilty and acquitted.

REPUBLIC V PATRICK ATOZO MASIZA [2009] KEHC 2995 (KLR)

✦ The accused is set at liberty unless otherwise lawfully held.

ANDREW MATINDI NYAMU V K-REP BANK LIMITED [2009] KEHC 2185 (KLR)

✦ The court denied the plaintiff's application for a temporary injunction.

JAIRO KIRONGO TIROP & another v EUNICE KIRONGO CALEB & 2 others [2009] KEHC 3064 (KLR)

✦ Application dismissed with costs

CHARLES MWAVITA MWANGOME v GRACE ANYANGO [2009] KEHC 1460 (KLR)

✦ The motor vehicle driver is held liable for the road traffic accident and must be held liable at 100%. The plaintiff lost his left leg which was amputated at the knee. The court awards general damages of Ksh. 400,000/- and special damages of Ksh. 15,000/-.

KAGWIMI KANG’ETHE & CO. ADV v O-LERAI NURSERIES LTD [2009] KEHC 2224 (KLR)

✦ The court reviews and sets aside the assessment of instruction fees for items 1(a) and 1(b) based on the value of the suit being US$500,000, and awards Kshs.487,000 for item 1(a) and Kshs.243,750 for item 1(b).

BONIFACE SANDE MAGERO v REPUBLIC [2009] KEHC 3281 (KLR)

✦ The conviction and sentence are quashed, and the Appellant is released

MERCY KAJUJU & 4 OTHERS V REPUBLIC [2009] KEHC 2951 (KLR)

✦ The court found that the appellants' trial rights were not contravened, as the consolidated charge was read in English and translated into Kimeru, and the appellants responded in Kimeru. The court also found that there was sufficient evidence to convict the appellants and that the sentences were not harsh and discriminatory.

JANE MUTHONI v REPUBLIC [2009] KEHC 1068 (KLR)

✦ The conviction is upheld as safe and reliable. The sentence of two years imprisonment is upheld as not being manifestly excessive. The appeal is dismissed.

JUMA CHACHA KIBWABA V REPUBLIC [2009] KEHC 2357 (KLR)

✦ The conviction and sentence are quashed, and the appellant is ordered to be immediately released.