Kenyan case law

[2010] KEHC 2655 (KLR)

✦ The suit will be fixed for hearing, and the Plaintiff will bear the costs of the application.

DAVIT KIARIE KIRUTU v REPUBLIC [2010] KEHC 2510 (KLR)

✦ The appellant was found responsible for the accident and the conviction and sentence are upheld.

Margaret Anindo t/a Igare Auctioneers v Harambee Sacco Society Limited & another [2010] KEHC 2608 (KLR)

✦ The court grants leave to file an appeal but denies the prayer for stay of execution.

REPUBLIC v ROBERT KARIUKI KIUMBE [2010] KEHC 2151 (KLR)

✦ The accused is sentenced to six (6) years imprisonment.

CHARLES K. KIPNGOK v JAMES STEPHEN KIPRUTTO A. NGOK [2010] KEHC 2289 (KLR)

✦ The application is dismissed with costs as incompetent and an abuse of the process of court.

JOSELINE KINANU MURIUNGI v ANICETA KAJUJU [2010] KEHC 2148 (KLR)

✦ The application is dismissed with costs awarded to the respondent. The stay of execution is vacated.

In Re The Matter of The Estate of Sheldon Oyaro Mukhaye (Deceased) (Succession Cause 461 of 2009) [2010] KEHC 2127 (KLR) (7 May 2010) (Ruling)

✦ The applicants lack locus standi to bring an application to preserve the estate of the deceased. The respondents can only bring such application after receiving a grant of representation. The application is dismissed.

CHARLES KIAMA & ANOTHER v PATRICK N.G.G. MWATHI [2010] KEHC 2440 (KLR)

✦ The court grants a mandatory order of injunction to the plaintiffs to vacate the land and authorizes Muibau Agencies to carry out the eviction.

JW v MC [2010] KEHC 2293 (KLR)

✦ A decree nisi is issued, and the same is confirmed six months thereafter. The petitioner is granted custody of the youngest child until he attains the age of 18. The petitioner is granted the costs of the petition.

In Re Estate of Simon Mutunga (Deceased) [2010] KEHC 2741 (KLR)

✦ The application for revocation is dismissed with costs awarded to the respondent.

JOHN MATHENGE WAMBARIA & another v PATRICK WACHIRA MUCHEMI [2010] KEHC 2490 (KLR)

✦ The appeal is dismissed with costs to the Respondent.

REPUBLIC v AMOS MUTIGA SARISO [2010] KEHC 2524 (KLR)

✦ The court sets aside the original sentence of one year and sentences the accused to a minimum of 10 years imprisonment.

[2010] KEHC 2644 (KLR)

✦ The application to set aside the dismissal is dismissed with costs to the defendant.

ONESMUS MUSEMBI DISHON v REPUBLIC [2010] KEHC 2016 (KLR)

✦ The Appellant's sentence is reduced from 3 years to 2 years, effective from the date of sentencing, which was February 3, 2009.

Muthoga Gaturu & CO. Advocate v Gabriel Waweru Wanjohi T/A Mountain Rock Hotel [2010] KEHC 2477 (KLR)

✦ The application is allowed with costs in terms of prayer 1 of the Notice of Motion dated 13th July, 2006.

IN THE MATTER OF THE ESTATE OF WAIGWA KIBINGA ALIAS JOSHUA WAIGWA KABINGA – DECEASED JANE WANGARI WAIGWA v ERASTUS NDERITU KABINGA & ANOTHER [2010] KEHC 2330 (KLR)

✦ The grant of letters of administration intestate was confirmed.

IN Re THE MATTER OF THE ESTATE OF M’MUKINDIA M’ARACHI (DECEASED) [2010] KEHC 2682 (KLR)

✦ The life interest of Gakii M'Mukindia M'Arachi should be divided equally among her sons

JANET KAJUJU M’RIMBERIA v ISABELLA GAITI M’RIMBERIA [2010] KEHC 2697 (KLR)

✦ Mwenda was not the son of the deceased and was not a dependant of the deceased.

JAMES MAINA MUCHAMI v ELIUD NJUGUNA KIMANI & another [2010] KEHC 2605 (KLR)

✦ The Preliminary Objection is upheld. The entire proceedings herein are hereby ordered struck out with costs to the Respondents and Occidental Insurance Company Limited.

KRISHNA KUMAR SHIVLAL LAKHANI v JULIUS MUNYURI MUTURIA & TWO OTHERS [2010] KEHC 2623 (KLR)

✦ The court grants the defendants' application to amend their defense.

GILBERT KABAGE T/A PATA COMMERCIAL ENTERPRISES v C. M. COURT, NAKURU [2010] KEHC 2218 (KLR)

In Re The Matter of H.W. (Subject) [2010] KEHC 2128 (KLR)

✦ The court allowed the Originating Summons and ordered the adoption, appointing R.N as the guardian ad litem.

MUTHURI ITHINJI RAARIA v KENNETH MWENDA KIMATHI & 2 others [2010] KEHC 2843 (KLR)

✦ The preliminary objection is well taken and the Notice of Motion is dismissed with costs to the respondent.

JUSTUS WAHOME CHOMBA v REPUBLIC [2010] KEHC 2522 (KLR)

✦ The conviction and sentence are quashed and set aside

In Re Estate of M’IKIARA M’RITHA (DECEASED) [2010] KEHC 2694 (KLR)

✦ The court grants a grant to the petitioner, Sarafina Ncooro Mutwaikiara, confirming the sub division of the deceased property as per the deceased's wishes and the possession on the ground.