Kenyan case law

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.

REPUBLIC v SANNY NJAGI MBOGO & ANOTHER [2010] KEHC 2810 (KLR)

✦ The court finds the accused not guilty of murder but guilty of manslaughter.

BERNARD MBUGUA KINYANJUI v GEORGE GATHITU WAINAINA [2010] KEHC 2900 (KLR)

✦ The court dismissed the Preliminary Objection and allowed the suit.

PALACE DRYCLEANERS & another v KENYA POWER LIGHTING COMPANY LTD [2010] KEHC 2106 (KLR)

✦ The court dismissed the motion and denied the stay of execution of the certificates of costs and the stay of hearing the notice to show cause.

AHAMED MAHAMUD ADAN v JIMMY TOMNO & TWO OTHERS [2010] KEHC 2294 (KLR)

✦ The court dismissed the application, finding that the 1st defendant was not involved in the consent order and that the 2nd and 3rd defendants cannot benefit from an appeal and a review application simultaneously.

DR. PEREZ MALANDE OLINDO V DR. JOHN KARUNGAI NYAMU & 3 OTHERS [2010] KEHC 2939 (KLR)

✦ The Plaintiff's claim against the 3rd Defendant is dismissed as the 3rd Defendant has a good title to the suit property, and there is no indication of fraud against them.

MARY NJERI KIARIE V TAFUTA DEVELOPMENT CO. LTD [2010] KEHC 3155 (KLR)

✦ An order will issue restraining the Defendant and all those acting under him from further subdividing, selling or disposing of the land and the plots until the suit is heard and determined.

AGGREY SIMIYU WANDA v KENYA RAILWAYS CORPORATION [2010] KEHC 2105 (KLR)

✦ The mandatory injunction is denied as the plaintiff already has an order allowing him to return to the premises. The plaintiff's claim for the return of his household goods is also denied.

Swan Carriers Limited v Samuel Koskei Kibet [2010] KEHC 2199 (KLR)

Reuben Nyanginja Ndolo v Dickson Waithika Mwangi & 2 others [2010] KEHC 3242 (KLR)

✦ The court finds serious anomalies in the election process and declares the parliamentary election of Makadara Constituency unfair, free, and transparent. The 1st Respondent's election is declared null and void.

Martha Wathome Mulwa & another v Stephen Nzuki Mwania [2010] KEHC 2013 (KLR)

✦ Temporary injunction granted to restrain Defendant from subdividing, alienating or disposing of any interest in the suit parcel of land pending disposal of the suit.

James Onyangore Onyango v Aggrey Taikosh Azelwa [2010] KEHC 3159 (KLR)

✦ The application for summary judgment is dismissed with costs.

REUBEN NYANGINJA NDOLO V DICKSON WATHIKA MWANGI & 2 OTHERS [2010] KEHC 4139 (KLR)

✦ The court declared the election null and void due to the serious flaws in the electoral process.

REPUBLIC v CHAIRMAN KISUMU EAST/WEST LAND DISPUTES TRIBUNAL & another exparte RUFUS M. NDUBI [2010] KEHC 2666 (KLR)

✦ The application is allowed, and the decisions of the Kisumu East/West Land Disputes Tribunal and the Chief Magistrate's court are quashed.

Ratemo Oira & Co Advocates v Eldoret Express Co Ltd [2010] KEHC 2451 (KLR)

✦ The respondent's application for stay of execution and extension of time is dismissed with costs. Judgment is entered for the applicant in the terms of prayers 1 and 2 of the motion.

Joseph Kiplagat Kogos v Family Bank Limited [2010] KEHC 2172 (KLR)

✦ The plaintiff has a prima facie case and the injunction is granted until the determination of the suit.

CITY COUNCIL OF NAIROBI V stage coach international services ltd [2010] KEHC 2932 (KLR)

✦ The Court denies the Plaintiff's application for an injunction.

NANCY WAIRIMU NJAU & ANOTHER v JOSEPH OKEMWA ONTWEKA & 2 OTHERS [2010] KEHC 2702 (KLR)

✦ The Preliminary Objection is overruled with costs to the Plaintiffs.

Capricon Builders & Allied Ltd v Magana Holdings Limited & another [2010] KEHC 2014 (KLR)

✦ The application is dismissed with costs to the 1st Defendant.

D.M.K v REPUBLIC [2010] KEHC 2327 (KLR)

ramesh chandra pranshaker joshi &another v jadva lalji patel & another [2010] KEHC 2951 (KLR)

✦ The Plaintiffs' claim is successful, and the court declares the allocation to John Gakuo null and void, orders eviction of the Defendants, and issues a permanent injunction.

Annah Chebet Sitienei & another v Chelule A. Lasoi & 8 others [2010] KEHC 2450 (KLR)

✦ The application must fail and is dismissed with costs.

MUGUGA GREEN APARTMENTS MANAGEMENT LTD v ATTORNEY GENERAL & 2 others [2010] KEHC 3168 (KLR)

✦ The Plaintiff's suit is allowed with 14 days to amend the plaint and 30 days for the Defendants to align their defences. If the Plaintiff fails to comply, the suit shall stand struck out with costs.

Aloise Muriungi v Corporal Kinoti [2010] KEHC 2640 (KLR)

✦ The appeal is dismissed with costs to the respondent.

In Re Allan Njau Gichuhi [2010] KEHC 2610 (KLR)

✦ Petitioner should be given an opportunity to provide a composition or scheme for debt satisfaction