Kenyan case law

Republic v Commissioner of Police & 2 others ex parte Jacob Juma [2005] KEHC 2829 (KLR)

✦ The court declines to uphold the objection and allows the applicant to amend the application, invoking its inherent powers.

Monicah Wangui Githinji v Joyce Gathoni Gachau (Civil Appeal 11 of 1996) [2005] KEHC 2100 (KLR) (13 May 2005) (Judgment)

✦ The appeal is dismissed with costs to the respondent.

Kenya Tea Packers Limited v Samuel Motanya Joconiah [2005] KEHC 2800 (KLR)

✦ The suit should be set down for hearing as the Plaintiff's claim is not time barred.

Peter K. Yego & 3 others v Paulina Nekesa Kode [2005] KEHC 2254 (KLR)

✦ The defendant is restrained from sub-dividing, disposing of, transferring, constructing, cultivating, or cutting trees on the suit property pending the hearing and determination of the plaintiffs' appeal.

Maheshkumar Manibhai Patel v Rift Valley Agricultural Contractors Limited & another [2005] KEHC 1738 (KLR)

✦ The plaintiff's suit and application are struck out due to abuse of process and forum shopping.

Abdirashim Sora v Republic (Criminal Appeal 510 of 2002) [2005] KEHC 2844 (KLR) (Crim) (12 May 2005) (Judgment)

✦ The conviction is set aside and the Appellant is set at liberty unless otherwise lawfully held.

Peter Wachira Kabuga v Racheal Muthoni Murage [2005] KEHC 2863 (KLR)

✦ The application for a stay of execution of the judgment dated 10th June 2004 and/or the Deputy Registrar's taxation order is dismissed with no merits.

J.R. Githere v Munishram International Business Machines Ltd [2005] KEHC 2840 (KLR)

✦ The Appellant was found to be the tenant and is liable for the rent arrears.

Alice Wairimu Mugo & another v Wilson Mutumbo [2005] KEHC 2861 (KLR)

✦ The court overrules the preliminary objection of res judicata and orders the plaintiffs to amend their plaint.

Constant Khisa v Harry A. Kedaha [2005] KEHC 2823 (KLR)

✦ The application is dismissed with costs.

J W M v J I W [2005] KEHC 2148 (KLR)

✦ The marriage is dissolved, and the decree nisi is issued for a period of 6 months. The petitioner is entitled to the costs of the petition.

Peterson Ndambiri Karagu & 4 Others v Kerogoya/Kutus Municipal Council [2005] KEHC 2879 (KLR)

✦ The Court held that the defendant Council did not have the authority to levy increased rates without proper notice to the applicants, and that the applicants were not aware of the draft valuation roll and had the opportunity to file objections within the required time frame.

Abdi Ali Nur v Transami (Kenya) Ltd [2005] KEHC 2494 (KLR)

✦ The plaint is struck out with costs to the defendant and the third party.

JAMES M.N. KABUURU V JEREMY M’KANGA M’KURIUNGA (Being sued For and on behalf of MOSES MUNENE KAURA AND MICHAEL MBAE NJUE) [2005] KEHC 3073 (KLR)

✦ The court ordered the parties to return the property to its rightful owner.

J. R. GITHERE v MUNISHRAM INTERNATIONAL BUSINESS MACHINES LTD [2005] KEHC 457 (KLR)

✦ The Appellant is the tenant and is liable for the rent arrears.

Republic v Charles Mungai Ndungu [2005] KEHC 2386 (KLR)

✦ The court finds the accused guilty of manslaughter due to the lack of evidence of malice aforethought.

REPUBLIC v ELIJAH NDUATI & 4 OTHERS [2005] KEHC 440 (KLR)

✦ The court finds that the prosecution has failed to prove beyond reasonable doubt that any of the accused committed the offence of murder and acquits them.

MARY NGONDU v OBED MBITHI MTIWA [2005] KEHC 361 (KLR)

✦ The court finds that Ng’ondu has not fulfilled her obligations under the agreement and denies the application for an injunction.

Danson Kabate Njiru v Simon Wanjohi Njiru & another [2005] KEHC 2850 (KLR)

✦ The court finds no error on the face of the record that warrants review and sets aside the Deputy Registrar's order, substituting it with an appropriate order that the appellant is the legal owner of Plot No. 7B Kutus Township

Samuel Mithigi Kingori & another v Peterson Mwangi King’ori [2005] KEHC 2788 (KLR)

✦ The grant issued to the petitioners and the objector on the 10th November 1999 be confirmed with the distribution as follows:

Alliance Media Kenya Limited v Monier 2000 Ltd [2005] KEHC 2795 (KLR)

✦ The parties are ordered to formally appoint an Arbitrator and file their respective pleadings within thirty (30) days from the date hereof.

Jeremiah Ogola Dunga v Cooper Motors Corporation (K) Ltd [2005] KEHC 2723 (KLR)

✦ The affidavit in support of the application is incurably defective and is struck out, leaving the application without any evidence in support and dismissed with Costs to the Respondent.

Atanasi Nyangau Nyamari & 6 others v Kenya Tea Dev Agency & another [2005] KEHC 2590 (KLR)

✦ The application is allowed as prayed, but the restraining orders granted have no life as the application is already disposed of.

Henzlon Kama Waithaka & James Gachuhi Wachira v Registration of Accountants Board (Civil Appeal 407 of 2004) [2005] KEHC 1528 (KLR) (Civ) (11 May 2005) (Ruling)

Chirau Ali Makwere v Royal Media Services Limited [2005] KEHC 2885 (KLR)

✦ The court finds the Defendant liable for libel and awards the Plaintiff Kshs 3 million in total damages (Kshs 1 million for general damages, Kshs 1 million for exemplary damages, and Kshs 1 million for aggravated damages).