Kenyan case law
-
Abdiwahab Abdullahi Ali v Governor County Government of Garissa & another [2013] KEHC 2168 (KLR)
✦ The court found that the orders were capable of enforcement, there was personal service to each respondent, and failure to serve penal notice does not render the application fatally defective. However, the court noted that the order was not served late and was not overtaken by events.
-
Republic v Gatma Holdings Ltd & another Ex-parte Rose Obaga practicing as Obaga & Co Advocates [2013] KEHC 6575 (KLR)
✦ The application is dismissed with costs as the proceedings and decision impugned are not before the court.
-
Daniel Ngui Musya v Respondent [2013] KEHC 2170 (KLR)
✦ Order a retrial in the case
-
Republic v Chairman Rent Restriction Tribunal & another Ex-Parte Ezekiel Machogu & 3 others [2013] KEHC 6580 (KLR)
✦ The Tribunal's order is quashed as it lacked jurisdiction due to the agreed rent exceeding the standard rent defined by the Act.
-
Njeri Chuchu v Insurance Regulatory Authority (Incorporation the Commissioner of Insurance) & 2others & 2others [2013] KEHC 6583 (KLR)
✦ The application for leave to commence judicial review proceedings is dismissed with costs to the respondents and interested parties.
-
Purity Wanjiku Nderitu & another v Humprey Wang’ombe Kahariri & another [2013] KEHC 6582 (KLR)
✦ The court declared that the land parcel No. KIINE/SAGANA/3721 was illegally and fraudulently transferred to the 1st and 2nd defendants and ordered the register of land parcel No. KIINE/SAGANA/3721 to be rectified by deleting the defendants' names and restoring the names of the deceased as proprietor thereof.
-
Mary Wamurango Numbi v Michael Mwithi Mambo & another [2013] KEHC 2411 (KLR)
✦ The plaintiff's claim is not an abuse of the process of the court and the suit is accordingly stayed.
-
Philip Osore Ogutu v Michael Onyura Aringo & 2 others [2013] KEHC 2408 (KLR)
✦ The Petition is dismissed with costs, and the total costs payable by the Petitioner to the Respondents are capped at Ksh.2,000,000/=. The costs will be shared equally between the 1st Respondent and the 2nd and 3rd Respondent.
-
Republic v Kenya Sugar Board Ex-parte Kaplony Limited [2013] KEHC 6584 (KLR)
✦ An order of mandamus is issued directing the Kenya Sugar Board to consider, evaluate, and make a determination or decision on the ex-parte applicant's application at its next scheduled Board Meeting.
-
Eunice Wanjiru Chege v Hannah Wanjiku Chege [2013] KEHC 6581 (KLR)
✦ The defendant's defence and counter-claim are not frivolous and the Court will not punish the defendant for the error of her legal advisor. The defendant's notice of appointment is deemed to be a memorandum of appearance.
-
Republic v Retirement Benefits Appeals Tribunal & another Ex-Parte Edwin Ngesa Nyamboro & 16 others [2013] KEHC 6578 (KLR)
✦ The Tribunal's decision is upheld, and no order of certiorari or mandamus is issued. The Tribunal's award of costs is set aside.
-
Republic v Vincent Michira Obebo Alias Isanda [2013] KEHC 1955 (KLR)
✦ The application for bail/bond is dismissed.
-
Cosmas M Nzau & 2 others v Honourable Attorney General [2013] KEHC 6634 (KLR)
✦ The Court finds that the Plaintiffs were not lawfully prosecuted and awards them KShs 800,000 each as general damages for malicious prosecution.
-
Mbaruk Khamis Mohamed & another v Amir Khan Sardar Khan & 13 others [2013] KEHC 2421 (KLR)
✦ The court dismissed the plaintiffs' suit as against the 3rd and 7th defendants for want of prosecution.
-
Ooro & 5 others v Attorney General (Petition 133 & 68 of 2011 & 39, 40, 37 & 35 of 2010 (Consolidated)) [2013] KEHC 6571 (KLR) (Constitutional and Human Rights) (6 September 2013) (Judgment)
✦ Respondent violated the petitioners' rights under Sections 72(1), (3), and (5) of the Repealed Constitution.
-
Muthenya Lole v Republic [2013] KEHC 1465 (KLR)
✦ The sentence is reduced to 20 years imprisonment with hard labour
-
Noah Makhalang'ang'a Wekesa v Albert Adome & 3 others [2013] KEHC 1038 (KLR)
✦ The election of Patrick Simiyu Khaemba as Governor of Trans Nzoia County was validly conducted and no fresh election is required.
-
Isack Mambo v Republic [2013] KEHC 2416 (KLR)
✦ The conviction and sentence are upheld
-
Mutema Uuki Wines & Spirits Distributors Ltd v P & K Investments Company Ltd & another [2013] KEHC 6616 (KLR)
✦ The status quo order and temporary injunction orders are vacated.
-
Edward Akong’o Oyugi v Independent Electoral And Boundaries Commission, Jairus Obaga & Zacharia Okoth Obado (Election Petition 3 of 2013) [2013] KEHC 2441 (KLR) (5 September 2013) (Judgment)
✦ The declaration of the 3rd Respondent as the Governor for Migori County is valid
-
Joseph Mwangi Kariuki v Republic [2013] KEHC 179 (KLR)
✦ The conviction is quashed due to inconsistencies in the identification evidence and lack of corroboration.
-
Albert Mmumata Mugone v Pollmans Tours And Safaris Ltd & another [2013] KEHC 6617 (KLR)
✦ The Plaintiff's suit against the 2nd Defendant is struck out with costs to the 2nd Defendant
-
Biemei Chen v Republic [2013] KEHC 6598 (KLR)
✦ The court upheld the sentences, finding that the law allows for fines and that the applicant's health and children's welfare are not sufficient grounds for revision.
-
Silvano Njue Gatanga v Republic (Criminal Appeal 186 of 2010) [2013] KEHC 2266 (KLR) (5 September 2013) (Judgment)
✦ The court found that the appellant needed a comprehensive rehabilitation plan and that sending him to prison was not the best option.
-
Rozaah Akinyi Buyu v Independent Electoral & Boundaries Commission, Hanson Njuki Mugo & John Olago Aluoch (Election Petition 2 of 2012) [2013] KEHC 2475 (KLR) (4 September 2013) (Judgment)
✦ The court declared the election of John Olago Aluoch as the Member of the National Assembly for Kisumu West Constituency null and set aside. The court ordered a fresh election to be held.