Kenyan case law
-
Aloys Kimomwa Onyiego v Moses Mogita Anyenga [2012] KEHC 2225 (KLR)
✦ The court denied the application for a temporary injunction.
-
Republic v Commissioner - Customs and Excise Kenya Revenue Authority Exparte Mohamed Sheikh t/a MSB Enterprises (Miscellaneous Civil Application 625 of 2009) [2012] KEHC 2531 (KLR) (23 August 2012) (Judgment)
✦ The Customs and Excise Act (Chapter 472 Laws of Kenya) and the East African Community (EACCMA) Act are applicable. EACCMA takes precedence over the Customs and Excise Act in matters related to customs duties.
-
Lerionka Ole Soit v Nchomo Ole Kakui & 4 others [2012] KEHC 2224 (KLR)
✦ The court grants the interim injunction to restrain the respondents from interfering with the suit land.
-
Johnstone Nyagweso Masongo v Philip Onyari Ogendi & 5 others [2012] KEHC 2130 (KLR)
✦ The court declines to grant an injunction as prayed for, but orders that status quo be maintained and that there be no further alienation, transfer, or sale of the suit land pending the hearing and determination of the suit.
-
Andrew Mshama Mwanjala v Republic [2012] KEHC 2486 (KLR)
✦ The sentence is set aside and the case is remanded for a pre-sentence report and victims impact assessment.
-
South Nyanza Sugar Co. Ltd v Fredrick Odoyo Matunga [2012] KEHC 2208 (KLR)
✦ The applicant shall pay the respondent One hundred and fifty thousand shillings (kshs. 150,000) as part payment of the outstanding decretal amount within 30 days. The applicant shall deposit into court the balance of the decretal amount within 30 days. The applicant shall execute security for costs within 30 days. The stay order shall automatically lapse if any of the above conditions are not met and further if the applicant will not have prosecuted the appeal within one year. Costs of the present application will be borne by the applicant.
-
Nyansiongo Tea Factory v Samson Myamweya [2012] KEHC 2204 (KLR)
✦ The appeal is dismissed with costs, and the appellant shall pay the decretal sum with interest from the date of judgment to date.
-
Mark Khan Transporters Ltd v Gladys Kangu Wetoyi Suing as the legal representative of the Estate of Joseph Tende Watani [2012] KEHC 2213 (KLR)
✦ The court dismisses the appeal for want of prosecution and abuse of process
-
Lukas Kibegwa Okara v Nyakeyo Anyega [2012] KEHC 2122 (KLR)
✦ The application lacks merit and is dismissed with costs.
-
Mat International Terminal Limited v Multiple ICD (K) Ltd & 3 others [2012] KEHC 2545 (KLR)
✦ The Petitioner must provide an undertaking as to damages to the Respondent.
-
Isaac Rigondi & another v T.M & another [2012] KEHC 2197 (KLR)
✦ The appeal is dismissed with costs as the entire grounds of appeal have no merit.
-
Borabu Institute of Technology & Training Limited v Josephine Moraa Nyariobi [2012] KEHC 2227 (KLR)
✦ The court cannot determine the issues at this interlocutory stage and makes the following orders: release seized goods, security for costs, costs following the main suit, and set the main suit for priority hearing.
-
Parsimei & 2 others v Party & 5 others; And The Independent Electoral And Boundaries Commission (Interested Party) (Constitutional Reference 356 & 359 of 2012) [2012] KEHC 2603 (KLR) (Judicial Review) (22 August 2012) (Ruling)
✦ The court held that the High Court cannot entertain applications seeking conservatory orders to stop the nomination of candidates in light of the provisions of Article 88(4)(e) and section 74 of the Elections Act, 2011.
-
Republic v Sueiman Hassan Nasoro [2012] KEHC 2528 (KLR)
✦ The court finds the prosecution's evidence insufficient to prove the accused's guilt and the accused is acquitted.
-
Abdulahi Shiekh Mohamed & another v B. Dayal Ramji [2012] KEHC 2485 (KLR)
✦ The application is dismissed with costs as lacking merit.
-
Mohamed Abushiri Mkullu v Suleiman Abdala Hassan [2012] KEHC 2337 (KLR)
✦ The plaintiff's suit against the second defendant is struck out with no order as to costs
-
Khaldun Mohhamed Vae & 4 others v Suleiman H.S Hamed & 2 others [2012] KEHC 2487 (KLR)
✦ The court reinstates the suit and sets aside the previous dismissal order.
-
MOHAMMED AILA JIBO V AISHA RAMADHANI & ANOTHER [2012] KEHC 1743 (KLR)
✦ The application is dismissed with costs to the 1st defendant.
-
Kenya Anti-Corruption Commission v John Joel Ria & 17 others [2012] KEHC 2451 (KLR)
✦ The preservatory order ceased being in force due to lapse of time and the change in circumstances makes the orders sought unnecessary.
-
Ann Wambui Muraya v Associated Electicals and Hardware Supplies Limited [2012] KEHC 2498 (KLR)
✦ The application for a mandatory injunction is dismissed
-
John Kamau Murigu & 4 others v Ereri Co. Ltd & 2 others [2012] KEHC 1877 (KLR)
✦ The suit is stayed under Section 6 of the Civil Procedure Act until the finalization of earlier suits are heard and determined.
-
KAMAU THIONGO V REPUBLIC [2012] KEHC 2358 (KLR)
✦ The bond is reinstated on the same terms
-
Mogusu Ndubi & 3 others v Mesa Mogusu & another [2012] KEHC 2285 (KLR)
✦ The court held that the decision of the Ekerenyo Land Disputes Tribunal was unlawful, null and void, and issued a temporary injunction against the defendant.
-
IN THE MATTER OF THE ESTATE OF MWANGI NJOGU – DECEASED [2012] KEHC 2408 (KLR)
✦ The grant was not obtained fraudulently, and the estate should not revert to the deceased's name.
-
JEREMIAH WANJAU GITHAE v FRANCIS GITHAE & another [2012] KEHC 2405 (KLR)
✦ The motion is dismissed with costs to the 2nd Respondent as the issues are resjudicata.