Kenyan case law
-
STEPHEN MBUTHIA GICHURIU & 2 others v JACKSON NJOGU GICHURIU & another [2010] KEHC 2167 (KLR)
✦ The summons dated 6th November 2009 is allowed in terms of prayer 2 and 4 as against the 1st defendant. The application is dismissed as against the 2nd defendant with costs.
-
CHEPYATOR CHERONO v MUSA KIPRONO NGETICH [2010] KEHC 1174 (KLR)
✦ The decision of the Koibatek Land Disputes Tribunal and the Rift Valley Provincial Appeals Committee is quashed and set aside.
-
ALI NASORO & another v GOLDEN SPARROW TRADING LIMITED & another [2010] KEHC 2650 (KLR)
✦ The Court orders plaintiffs to identify and appoint a valuer, report for a valuation date, and for security to be provided by the OCS Changamwe Police Station.
-
REPUBLIC v DANCAN KIURA NKARE & 2 others [2010] KEHC 2639 (KLR)
✦ The accused's constitutional rights were not violated as the state provided an explanation for the delay and the accused were produced before a judge on the 24th December 2007.
-
James Mwangi Gacheru v Hewan Investments Limited & another [2010] KEHC 2530 (KLR)
✦ The Court declares the purported sale and transfer of the land null and void, and orders the rectification of the Land Register. The plaintiff is declared the bona fide owner of the land, and injunctions are issued to prevent the defendants from interfering with the plaintiff's possession and enjoyment of the land.
-
CHARLES OTISO G. OTUNDO v KENYA COMMERCIAL BANK LIMITED & another [2010] KEHC 2089 (KLR)
✦ The application is dismissed as unmerited
-
REPUBLIC v SARAH KAGENDO [2010] KEHC 2625 (KLR)
✦ The accused's constitutional rights were violated, and the accused is acquitted of the offence of murder.
-
REPUBLIC v ERNEST KEMBOI KIPLAGAT [2010] KEHC 2830 (KLR)
✦ The accused is found guilty of murder
-
REPUBLIC v RIFT VALLEY PROVINCE LAND DISPUTES APPEALS COMMITTEE & 3 others Ex-parte NAIPARAKWO TENGEMA MURWOK & another [2010] KEHC 1884 (KLR)
✦ The court allows the application for reinstatement of the Ex-parte applicant's Judicial Review application but with costs to the Respondents.
-
IN THE MATTER OF THE ESTATE OF KIMANI NYAITUGA (DECEASED) [2010] KEHC 2479 (KLR)
✦ The 9 acres gifted to the nephew should be transferred to him. The 5 acres the deceased had retained for himself should be equally shared between the nephew and the objector.
-
DANIEL BAYA MWERI v REPUBLIC [2010] KEHC 2714 (KLR)
✦ The conviction is upheld, but the sentence is reduced from six years to four years.
-
CENTRAL FARMERS GARAGE LTD v THE CO-OPERATIVE INSURANCE CO. OF KENYA LIMITED [2010] KEHC 2539 (KLR)
✦ The Court finds that reference of the matter to arbitration is not premature and directs the parties to honor Clause 12 of the Insurance Policy by referring the dispute to arbitration.
-
K.F v REPUBLIC [2010] KEHC 2708 (KLR)
✦ The appeal is dismissed. The sentence is confirmed as 20 years imprisonment.
-
KENYA COUNTRY BUS OWNERS ASSOCIATION v BARCLAYS BANK OF KENYA LTD [2010] KEHC 2575 (KLR)
✦ The application to strike out the suit is granted.
-
NJUE NJERU v EUGENIO NTHIGA NJERU [2010] KEHC 2818 (KLR)
✦ The court finds that there was a trust in favor of the Appellant over the land parcel and upholds the judgment and decree of the subordinate court.
-
C.L. A.O v H. C. H [2010] KEHC 1821 (KLR)
✦ The marriage is annulled, and a decree nisi allowing the petition for divorce is issued.
-
IRENE NJOKA v PETER NJERU NYAGA [2010] KEHC 2788 (KLR)
✦ The appeal is dismissed as it was filed out of time without leave
-
CHARO KAZUNGU BAMBAYA v REPUBLIC [2010] KEHC 2712 (KLR)
✦ The appeal is dismissed. The conviction and sentence are upheld.
-
REPUBLIC v CORNELIUS KIPKOSGEY KOGO [2010] KEHC 2821 (KLR)
✦ The delay in arraignment was unreasonable and violated the accused's constitutional rights to liberty and fair trial.
-
JEREMIAH MBUGUA WANG’ATI v JAMES KIARIE NG’ANG’A & another [2010] KEHC 2898 (KLR)
✦ The application is dismissed with costs to the Respondent
-
COMMERCIAL BANK OF AFRICA LTD v PAULS IMISON & ANOTHER [2010] KEHC 2578 (KLR)
✦ The Court would be inclined to receive the verifying affidavit in its present form, but directs that it be struck out with leave to file a fresh one.
-
KENNETH KEMAMA v SIENA HOLDINGS LTD & ANOTHER [2010] KEHC 2546 (KLR)
✦ The Plaintiff is not entitled to an interlocutory injunction pending the hearing and determination of the suit and his application is accordingly dismissed with costs.
-
REPUBIC v JERRY ODHIAMBO ONYANGO [2010] KEHC 2370 (KLR)
✦ The appeal is dismissed. The learned trial magistrate's decision to acquit the respondent was upheld.
-
BULAIM MWANGA KIBIRIGE (NAIROBI) LTD v FRANCIS NDICHU THAIYA & TWO OTHERS [2010] KEHC 2597 (KLR)
✦ The Plaintiff is entitled to the orders sought.
-
REPUBLIC v LAND DISPUTES TRIBUNAL & another Ex-parte KAMAU MUNDIA KARUGA [2010] KEHC 30 (KLR)
✦ The tribunal’s decision is null and void due to lack of jurisdiction, and the ex parte applicant’s application for prohibition and certiorari is allowed.