Kenyan case law

DAVID MWANGI MUGO v REPUBLIC [2006] KEHC 1630 (KLR)

✦ Appeal dismissed against conviction in all counts. Convictions upheld. Sentences varied: death for attempted robbery, 7 years in each of the firearm counts, suspended.

KASSIM HASSAN v REPUBLIC [2006] KEHC 1634 (KLR)

✦ The conviction and sentence are upheld

BOB OWINO WERE & another v REPUBLIC [2006] KEHC 1626 (KLR)

✦ We allow the Appeal, quash the convictions and set aside the death sentence.

ALOISE ONYANGO ODHIAMBO v REPUBLIC [2006] KEHC 1632 (KLR)

✦ The appeal is dismissed for lack of merit. Convictions in counts 1 and 3 are upheld, and the sentence of death in count 1 is confirmed. The conviction in count 2 is quashed, and the sentence of death is suspended.

ARKSON MIREIRI OIRERE v REPUBLIC [2006] KEHC 366 (KLR)

✦ The appeal is allowed, the sentence of 20 years imprisonment is set aside and substituted with one of 8 years imprisonment to run from the date he was convicted.

ALI SALIM NGONI v KENNEDY OGERO MOKAYA [2006] KEHC 2317 (KLR)

✦ The court orders the respondent to deposit the sum of Kshs.857,860 less Kshs.300,000 in court within 30 days from the date of the judgment. The Deputy Registrar shall hold the money until the advocate/client bill is taxed between the applicant and respondent. The Deputy Registrar shall release the money to the applicant less the taxed fees, which should then be released to the respondent.

BANK OF INDIA v SURGILABS LIMITED [2006] KEHC 2561 (KLR)

✦ The suit is dismissed for want of prosecution with costs to the defendant.

Mayfair Services & Investments Limited v Prudential Building Society (In Liquidation) & 2 others [2006] KEHC 2530 (KLR)

✦ The court finds that the defendants have not provided ample proof to show that there are other civil matters in Nairobi similar to this suit.

DISHON KARUGA MBURIA v KATHUNGU NJOKA [2006] KEHC 101 (KLR)

✦ The license survives the deceased by virtue of the Irrigation Act, and the appeal can be finalized by a legal representative of the deceased. The application to appoint Hellen Wangari Kathungu as a successor is adjourned to enable a grant of representation to be filed.

JOSEPH O. OPONDO v REPUBLIC [2006] KEHC 2294 (KLR)

✦ The court revokes the learned magistrate's order and orders the mobile phone to be returned to the applicant

KENYA NATIONAL CAPITAL CORPORATION v KIBOGOYE GENERAL STORES LTD & 2 others [2006] KEHC 2545 (KLR)

✦ The order of dismissal for non-attendance is set aside, and the Plaintiff's application by Chamber Summons dated November 23, 2004, is reinstated.

JOSEPH KAHONOKI NJOROGE v REPUBLIC [2006] KEHC 2227 (KLR)

✦ The appellant was found guilty of causing death by dangerous driving and was sentenced to six months imprisonment. The conviction and sentence are confirmed.

METRO PETROLEUM LTD v WAMCO PETROLEUM LTD [2006] KEHC 2524 (KLR)

✦ The application is dismissed with costs to the Defendant

ERICK KIBE CHERUIYOT v REPUBLIC [2006] KEHC 2141 (KLR)

✦ The appeal is dismissed. The conviction and sentence are confirmed.

SAID WAMBOGA v H.A.T. ANJARWALLA T/A H.A.T. ANJARWALLA & CO. ADVOCATES [2006] KEHC 2212 (KLR)

✦ The defendant fully paid the plaintiff in HCCC No. 419 of 1994 and overpaid by Sh. 27,800/=, therefore the plaintiff's claim is dismissed

ELIJAH WAINAINA KIHUYU v REPUBLIC [2006] KEHC 2436 (KLR)

✦ The appellant's conviction is unsafe and is quashed, and he is set at liberty.

STEPHEN NDICHU v MONTY’S WINES AND SPIRITS LTD [2006] KEHC 3445 (KLR)

✦ The Defendant's application to set aside the ex-parte judgment is allowed. The ex-parte judgment is set aside, and the Defendant is ordered to pay the Plaintiff's costs and thrown away costs.

DAVID CHEPKWONY CHERUIYOT v REPUBLIC [2006] KEHC 2140 (KLR)

✦ The conviction and sentence are quashed and the sentence set aside.

INVESCO ASSURANCE CO. LTD & another v JACINTA KOKI MUSUMBI & 29 others [2006] KEHC 1475 (KLR)

✦ The court held that the plaintiffs' compromise of the individual suits is valid and enforceable, and the defendants are entitled to execute the judgments obtained against the plaintiffs.

John Patrick Machira T/A Machira & Co. Advocates v Grace Wahu Njoroge [2006] KEHC 2556 (KLR)

✦ The defendant's further amended defence and counterclaim are struck out, and judgment is entered for the plaintiff.

DAVID ERAGAE KERIO v REPUBLIC [2006] KEHC 2435 (KLR)

✦ The conviction is quashed due to insufficient evidence of identification and improper identification parade.

CHARLES CHEGE NJOROGE v TRANSNATIONAL BANK LIMITED [2006] KEHC 2525 (KLR)

DAWOOD A. OMAR & 2 OTHERS v OMAR M. ALI & 4 OTHERS [2006] KEHC 2210 (KLR)

✦ The application is allowed, and the appeal is ordered to be filed within 14 days.

KIRPAL SINGH & another v REPUBLIC [2006] KEHC 2237 (KLR)

✦ The court orders the release of the compressor to the applicant

A N S v M R & ANOTHER [2006] KEHC 2370 (KLR)

✦ The marriage is dissolved, and custody of the children is shared equally between the petitioner and respondent.