Kenyan case law

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

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

JOSEPHAT NYINGI PETER & ANOTHER V W.K.N (A minor suing thro his father and next friend H.N.N) [2010] KEHC 3112 (KLR)

✦ An order for a conditional stay of execution of the decree is granted pending the appeal.

MUREMERA IREA v EDWARD MURIUKI & THREE OTHERS [2010] KEHC 2463 (KLR)

✦ The plaintiff's Chamber Summons is dismissed, and the defendants' Notice of Motion is allowed.

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.

PHOEBE WAMBUI WAWERU v ARMED FORCES CANTEEN ORGANIZATION [2010] KEHC 2492 (KLR)

✦ The court awards the plaintiff a sum of Kshs.2,086,952/= as the net award for the loss of dependency under the Fatal Accidents Act.

Kent Libiso & another v Cirkon Trust Co. Ltd & another [2010] KEHC 2564 (KLR)

✦ The court grants an injunction to the plaintiffs, subject to certain conditions, and declines to grant the mandatory injunction sought by the plaintiffs.

In Re Adoption of A.U (a minor) [2010] KEHC 2147 (KLR)

REPUBLIC v STEPHEN KIPNGETICH TERER [2010] KEHC 2384 (KLR)

✦ The application is dismissed as the delay was not unreasonable and the accused suffers no prejudice.

KENYA COMMERCIAL BANK LTD. v OSIEBO TRADING CO. LTD. & 2 others [2010] KEHC 1802 (KLR)

✦ The Plaintiff is granted leave to amend the plaint as per the draft amended plaint annexed to the application.

REPUBLIC v STEPHEN MAMBILI [2010] KEHC 2688 (KLR)

✦ The accused is found guilty of murder and sentenced to death.

Paragon Electronics Limited v Samsung Electronics Company (Civil Case 171 of 2009) [2010] KEHC 770 (KLR) (Commercial and Tax) (6 May 2010) (Ruling)

✦ The court dismisses the application and orders that the parties be given an opportunity to ventilate their case in court.

DAVID OWINO WAMUKOYA & another v REPUBLIC [2010] KEHC 2824 (KLR)

✦ The Appellants' conviction is quashed, and they are released unless otherwise lawfully held.

IN THE MATTER OF THE ESTATE OF JOHNSTONE KHISA KILOLI v KESHA NASIKE MUSUNGU & ANOTHER [2010] KEHC 2010 (KLR)

✦ The application should be withdrawn by the applicant by 3/6/2010. If not, the respondent will argue his notice of preliminary objection on 3/6/2010.

RAEL CHEROP MARITIM v REPUBLIC [2010] KEHC 1557 (KLR)

✦ The appeal is allowed on technicalities, and the appellant is acquitted.

LEO MASORE NYANG’AU V ANNE NYANCHAMA OMBUNA [2010] KEHC 3106 (KLR)

✦ The application is dismissed with costs as it is defective and the applicant has failed to satisfy the conditions of Order XLI Rule 4(2) of the Civil Procedure Rules.

CATHERINE NDUKU MUTUNGA v EQUITY BANK LTD [2010] KEHC 2599 (KLR)

✦ The application is dismissed

PAMELA KILELO MAGHANGA V D.I.M (Minor suing through L.W.M as the next friend) [2010] KEHC 3064 (KLR)

✦ The appeal is dismissed with costs as the trial magistrate's assessment of general damages was not excessive and was based on proper discretion.

ADVENTIS LIMITED v SUPERIOR HOMES (K) LTD. & ANOTHER [2010] KEHC 2560 (KLR)

✦ The application was dismissed as it was found to be in contravention of the Copyright Act, 2001.

BERNARD KAMUCHERE RUBARI & 4 OTHERS v REPUBLIC [2010] KEHC 2816 (KLR)

✦ The convictions for forgery and theft are unsustainable and the appeals are allowed.

NJUGUNA KAHIRI V NJUGUNA MAI [2010] KEHC 2948 (KLR)

✦ The application is granted, and the name of Njuguna Kahiri (deceased) is substituted with the name of John Njenga Njuguna the administrator of the estate.

JOHN OMONDI ODIANGA alias ODIANGA OJOO v REPUBLIC [2010] KEHC 2364 (KLR)

✦ The appeal is dismissed. The conviction and sentence for attempted defilement are sustained.

REPUBLIC v FABRIANO UTUKU MUKIRA [2010] KEHC 2809 (KLR)

✦ The accused is found guilty of all four counts of murder.

ROY PARCELS SERVICES LIMITED V ESTHER W. NGURE [2010] KEHC 3116 (KLR)

✦ The appeal is allowed, the judgment of the trial magistrate is set aside, and an order dismissing the respondent's claim is substituted.

LAMECK ALSADI ONYANGO & TWO OTHERS v REPUBLIC [2010] KEHC 2301 (KLR)

✦ The appeals are dismissed with respect to the first count, but the third appellant's conviction for unlawful possession of firearms and ammunition is upheld. The mandatory sentence for the first count is set aside.

LAMECK ALSADI ONYANGO & TWO OTHERS v REPUBLIC [2010] KEHC 2369 (KLR)

✦ The appeals by the first and second appellants are unmerited and disallowed. The appeal by the third appellant succeeds with respect to the first count but is disallowed with respect to the second and third counts.