Kenyan case law

MOHAMMEND T. KOMEN & 2 others v ABDULGHANI MOHAMMED KOMEN & 2 others [2009] KEHC 1310 (KLR)

✦ The court allows the application for an interlocutory injunction, ordering the defendants to vacate the property and not interfere with it until the final hearing of the suit.

RAMZAM IBRAHIM & another v NATIONAL BANK OF KENYA LIMITED [2009] KEHC 3406 (KLR)

✦ The application is dismissed with costs.

KENYA HOTEL KEEPERS & CATERING ASSOCIATION v INDUSTRIAL COURT OF KENYA & 2 OTHERS [2009] KEHC 3244 (KLR)

✦ The award in Industrial Court 31/07 is declared null and void

MELTON LENKAKURRO & 6 others v TAIKO MARIATI & 3 others [2009] KEHC 3037 (KLR)

✦ The court allowed the application and directed the police to supervise the peaceful execution of the decree.

Interconsumer Products Limtied v Lordix General Supplies Limited (Civil Suit 377 of 2009) [2009] KEHC 2097 (KLR) (Commercial and Tax) (10 July 2009) (Ruling)

PYRETHRUM BOARD HOUSING CO-OPERATIVE SOCIETY LIMITED v MUNICIPAL COUNCIL OF NAKURU [2009] KEHC 1196 (KLR)

✦ The application for a stay of execution is dismissed.

COMHARD LIMITED v SOUTH NYANZA SUGAR COMPANY [2009] KEHC 3437 (KLR)

✦ The application is incompetent and is hereby dismissed with costs to the Plaintiff.

AYUB K.N REUBEN v MBURU KIMANI & 2 OTHERS [2009] KEHC 2611 (KLR)

✦ The court finds that the matter was not confirmed for hearing in February 2009, but the plaintiff should have attended court and explained any predicament they may have found themselves in. The plaintiff's application is allowed, and the suit is reopened for hearing on the merits.

PETER KARIUKI KIMUGO & 10 OTHERS V D.M.K. WAROE & 9 OTHERS [2009] KEHC 2542 (KLR)

✦ The application is dismissed. The Court finds that the applicants are usurping the powers of the Registrar of the Court and that the huddle of delay by the Tribunal in issuing copies of its proceedings has been overcome.

REPUBLIC v CHAIRMAN MERU CENTRAL DISTRICT LAND DISPUTES TRIBUNAL & 3 others Ex-parte DANIEL KAMAKIA KIANGURA [2009] KEHC 3075 (KLR)

✦ The tribunal's award was ultra vires and null and void as it ordered the rectification of the register and cancelled the applicant's registration.

ERASTUS CHEGE MAINA V REPUBLIC [2009] KEHC 2130 (KLR)

✦ The application is denied as the applicant has not demonstrated that his appeal has overwhelming chances of success.

BRITISH RONALD JACK ANDREWS v ATTORNEY GENERAL & another [2009] KEHC 1456 (KLR)

✦ The application to strike out the defendant's defence and enter judgment in favor of the plaintiff is granted.

M’MUKIRI M’BUTURA v SIMON GICHUNGE M’RUKARIA [2009] KEHC 3149 (KLR)

✦ The court grants the defendant leave to file and serve an amended defence and counter-claim within 14 days from the date of the judgment.

MUNUNGA KIANDA FARMERS CO. LTD v SOGEA SATOM KENYA BRANCH [2009] KEHC 1167 (KLR)

✦ The court finds that the applicants have not provided sufficient cause to transfer the case to the High Court and dismisses the application.

REPUBLIC v MERU CENTRAL DISTRICT LAND DISPUTES TRIBUNAL & another Ex-parte KINUGU M’TUARUCHIU [2009] KEHC 3077 (KLR)

✦ The preliminary objection is dismissed and the costs of the preliminary objection are awarded to the applicant.

KENYA TEA DEVELOPMENT AGENCY LIMITED v PETERSON NYARIKI [2009] KEHC 3143 (KLR)

✦ The court affirmed the trial court's finding of liability but reduced the award of damages to Kshs. 35,000.

ENAMBA CONSTRUCTION CO. LTD v NYAIGWA FARMERS CO-OPERATIVE SOCIETY LTD [2009] KEHC 3101 (KLR)

✦ The defendant's application is allowed to the extent that the orders granted on 27th February, 2009 are stayed and the plaintiff's application is set down for hearing inter partes. The defendant shall not seek to enforce the notice of termination of tenancy.

IN THE MATTER OF THE ESTATE OF: & 2 OTHERS [2009] KEHC 2163 (KLR)

✦ The application is dismissed as the Petitioner's action was legal and procedurally carried out.

EMILIO MARANGU M’NDIIRI v ANJERO MUNENE MARINDI & 2 others [2009] KEHC 3145 (KLR)

✦ The plaintiff has failed to show a prima facie case with probability of success, and the loss he would suffer if an injunction is not granted can be compensated by an award of damages.

IN THE MATTER OF THE ESTATE OF THE LATE: & 3OTHERS [2009] KEHC 2161 (KLR)

✦ The preliminary objection is upheld, and the summons for revocation is struck out.

EMILY CHEPKOECH CHEPKWONY V JAMES FINLAY (K) LTD [2009] KEHC 3092 (KLR)

✦ The court allows the application and orders that Kisii CMCC 552 of 2006 be transferred to the Senior Principal Magistrate’s Court at Kericho for hearing and disposal. The applicant will bear the costs of the application.

CATHERINE KAWIRA MURUNGI v MURUNGI KIRIGIA [2009] KEHC 3147 (KLR)

✦ The court finds in favor of the plaintiff, ordering the cancellation of the registrations and transferring the land parcels to the plaintiff's name.

JOHN NJOROGE NGANGA V REPUBLIC [2009] KEHC 2962 (KLR)

✦ The conviction is quashed and the sentence set aside due to a fundamental error in the trial court's proceedings

IN THE MATTER OF THE MENTAL HEALTH ACT CAP 248 OF THE LAWS OF KENYA & ANOTHER [2009] KEHC 2160 (KLR)

✦ The court lacks jurisdiction to grant the prayer seeking for adjudgment of the applicant to be a person suffering from a mental disorder under Section 26 of the Act.

Cellulant Kenya Ltd v Music Copyright Society of Kenya Ltd [2009] KEHC 3330 (KLR)

✦ The plaintiff's application for interlocutory injunction is dismissed with costs. The plaintiff is granted a mandatory injunction to return the four computers to the plaintiff within seven days.