Kenyan case law

BENARD NGARI v VIRGINIA KARIUKO [2007] KEHC 420 (KLR)

✦ The court grants the following order: (1) That judgment be and is hereby entered of the Award of Land Dispute Tribunal Gichugu filed in court on 15th April 1998. (2) That there shall be no order as to costs in respect of the Notice of Motion dated 3rd November 2006.

NTIRAMPEBA LAURENT v CHUNILAL R. PARMAR t/a QUARZO [2007] KEHC 2811 (KLR)

✦ The application is struck out as incompetent, bad in law, and misconceived. The Advocates on record, Khan & Katiku Advocates, are ordered to pay the costs of the application.

MARTIN MUNENE KAGO v REPUBLIC [2007] KEHC 1079 (KLR)

✦ The prosecution's case was proved beyond reasonable doubt. The sentence was not harsh or excessive.

REPUBLIC v JAMIN OBOTE [2007] KEHC 2519 (KLR)

✦ The court finds the accused guilty of manslaughter due to lack of evidence proving premeditation.

LEGAL REPRESENTATIVES OF ANNA MUTHIKE MWASYA & 3 OTHERS v MWANGI MUHWANGA & ANOTHER [2007] KEHC 2583 (KLR)

✦ The appeal is struck out as being incompetent with leave to the applicant to file separate proceedings to seek leave to file appeal out of time if he so wishes.

SANDEEP SINGH BENAWRA v SHIMMERS PLAZA LTD & ANOTHER [2007] KEHC 2690 (KLR)

✦ The plaintiff's application for injunctive relief and special damages is dismissed. The interim orders granted on 1.2.2007 are hereby discharged.

ERES N.V & ANOTHER v PESCHAUD & Cie INTERNATIONAL SA & 3 OTHERS [2007] KEHC 2160 (KLR)

✦ The plaintiffs' claim against the 4th defendant is an abuse of the process of court and is time barred. The application to amend the plaint and dismiss the claim against the 4th defendant is allowed.

Ngotho Commercial Agencies Ltd v George Wanjuki Gethi [2007] KEHC 246 (KLR)

✦ The court set aside all orders and restrained the respondent from selling the applicant's household goods and motor vehicle through Lifewood Auctioneers pending the hearing and determination of the application.

REPUBLIC v HENRY N. GORE & 2 OTHERS [2007] KEHC 2771 (KLR)

✦ The court acquits all accused persons and orders their release.

JULIUS KIRIMI v REPUBLIC [2007] KEHC 2102 (KLR)

✦ The application for bail is allowed

REPUBLIC v GEOFFREY CHEPKOWNY [2007] KEHC 2559 (KLR)

JAMES MASILA MUTUA v JOHN MUTIO MUTUA & ANOTHER [2007] KEHC 3729 (KLR)

✦ The application for stay of execution of the judgment is granted with costs to the plaintiff

CATHERINE MUTHONI IRERI v GEORGE MWAURA KIBUI [2007] KEHC 2702 (KLR)

✦ The court dismisses the application as the plaintiff failed to prove the defendant committed contempt of court.

PETER MUGO NDEGWA v REPUBLIC [2007] KEHC 2692 (KLR)

✦ The conviction is unsafe and the appeal is allowed. The conviction and sentence are quashed and the appellant is set at liberty.

BEBA RESORT LTD v RELIANCE SRL & ANOTHER [2007] KEHC 1710 (KLR)

✦ Judgment for the plaintiff in the sum of €47,614.49 with costs and interest at court rates.

BENJAMIN ABURUKI v SAMWEL KILINGO (Civil Case 31 of 2007) [2007] KEHC 2235 (KLR) (24 May 2007) (Ruling)

✦ The applicant's Chamber Summons dated 2nd April, 2007 is dismissed with costs. Interim orders issued on 19th April, 2007 are also discharged.

MBALUKA & CO. ADVOCATES v PARAMOUNT UNIVERSAL [2007] KEHC 3799 (KLR)

✦ The client's reference is struck out as it was filed out of time without leave of the court.

CATHERINE MUTHONI IRERI v GEORGE MWAURA KIBUI [2007] KEHC 607 (KLR)

✦ The court dismisses the application as the plaintiff failed to prove the defendant committed contempt of court

RAJAB WAMBIA T/A MUMIAS NDOGO JUGGERY v ANDREW BAKARI OMUSEVE [2007] KEHC 2725 (KLR)

✦ The application for stay of execution is allowed, and the appellant is ordered to furnish security by remitting KShs.400,000 or from a recognized bank or reputable assurance company a security bond for payment of this sum.

FANUEL OLEGE v JAMES KARIUKI AND JOSEPH NJOROGE MUCHOMO (Civil Case 30”B” of 2005) [2007] KEHC 1673 (KLR) (24 May 2007) (Judgment)

✦ The court awards the Plaintiff a lump sum of Shs.1,404,180/=, apportioned among the Plaintiff's three children.

SAMSON M’ITWAMWARI MUMIIRA v JACKSON KIBETERU & ANOTHER [2007] KEHC 2561 (KLR)

✦ The appeal is allowed and the decree of the lower court is set aside with costs to the appellant.

PRAXEDES KHAYECHIA v KENYA COMMERCIAL BANK & ANOTHER [2007] KEHC 2696 (KLR)

✦ The suit is hereby dismissed for want of prosecution.

REPUBLIC v GODFREY GITAU KARIUKI [2007] KEHC 1268 (KLR)

✦ The accused is acquitted of the charge of murder and ordered set at liberty.

REPUBLIC v GODFREY GITAU KARIUKI [2007] KEHC 180 (KLR)

✦ The accused is acquitted of the charge of murder.

SAMSON M’ITWAMWARI MUMIIRA v JACKSON KIBETERU & ANOTHER [2007] KEHC 493 (KLR)

✦ The appeal is allowed, and the decree of the lower court is set aside with costs to the appellant.