Kenyan case law

M N N v B N M [2015] KEHC 1802 (KLR)

✦ The marriage between the Petitioner and the Respondent is dissolved.

Rosemary Wambui Makara v Ann Muthoni Ndungu [2015] KEHC 2621 (KLR)

✦ The court finds that the existence and ownership of certain properties are not proven, and the only assets available for distribution are those listed in the respective petitions. The court directs the parties to provide information on the deceased's children, surviving wives, and other beneficiaries to enable a final determination.

Raeli Tapsabei v David Rono [2015] KEHC 2494 (KLR)

✦ The respondent disobeyed the order of injunction and is clearly in contempt of court.

George W. Omondi v Guilders International Bank Ltd [2015] KEHC 8288 (KLR)

Republic v Danfas Nyanumba Obande [2015] KEHC 50 (KLR)

✦ The court sentences the accused to a two-year non-custodial sentence under the supervision of the probation officer.

Paul Gachanga Ndarua v Kenya Posts & Telecommunications Corporation [2015] KEHC 7822 (KLR)

✦ There are no current proceedings to be stayed.

Michael Mwongela Musomba v Magdalene Ndinda Raphael & 5 others [2015] KEHC 1920 (KLR)

✦ The criminal court is not in a position to determine the issue of ownership of the suit property, and the Applicant will be prejudiced if the criminal case is not stayed

Jimmy Mutuku Musomba v Republic [2015] KEHC 2743 (KLR)

✦ The application has no merit and is dismissed.

Edwin Ng’ong’a K’ogwe v David Okoth & Michael Kadenge T/A Afrograins East Africa [2015] KEHC 7826 (KLR)

✦ The court granted the Plaintiff's application for summary judgment.

P N M & another v Republic [2015] KEHC 2278 (KLR)

✦ The court grants the applicants' application for bail pending trial with conditions.

In re the Estate of Kihondoro Njatha (Deceased) [2015] KEHC 2050 (KLR)

✦ The application for confirmation of the grant of letters of administration is allowed. The estate is to be distributed as specified in the judgment.

Daniel Mwangombe Shumaa & 3 others v Nyamawi Chimenga Njuga & 14 others [2015] KEHC 2545 (KLR)

✦ Conservatory orders are allowed to prevent interference with the petitioners' ownership and quiet possession of the land.

F W N M v S M M (Divorce Cause 12 of 2013) [2015] KEHC 7776 (KLR) (Family) (2 October 2015) (Judgment)

✦ The court finds the respondent's conduct to be so grave and weighty as to constitute cruelty, and therefore grants the petitioner's petition for divorce.

Charity Wanjugu Karoki Alias Charity Wanjugu Kariuki v Festus Muigua Kariuki & 4 others [2015] KEHC 2535 (KLR)

✦ The application was granted.

Equity Bank Limited& 2 others v Perpetua Muthoni Nduma [2015] KEHC 2404 (KLR)

✦ The appeal is dismissed as the decree is missing from the record of appeal.

In re Estate of Martin Luther Awuor (Deceased) [2015] KEHC 2029 (KLR)

✦ The preliminary objection is overruled, and the application is properly before the court.

Rose Kuthii Weru v Mercy Koina [2015] KEHC 2118 (KLR)

✦ The court found that the deceased was polygamous and married to two wives, and thus the land parcel was not a gift to the first-born son. The court also found that the trial court correctly applied the applicable law in distributing the estate.

Chari Mwadime & another (Both suing as Personal representatives of the estate of Janet M. Mwadime) v The administrators of the estate of Caleb Nyende & 2 others [2015] KEHC 1342 (KLR)

✦ The application is dismissed as there is no evidence of the deceased Caleb Nyende's death, and no evidence of William Mbukuli Nyende's status as a personal representative of the estate.

Jackson Kiprop v Republic [2015] KEHC 1482 (KLR)

✦ The court finds that the appellant was rightly convicted and sentenced for the offence of rape. The appeal is accordingly dismissed.

Kokwo Multipurpose Co-Operative Society v Principal Secretary, Ministry Of Lands Housing And Urban Development & 3 others [2015] KEHC 1417 (KLR)

✦ The court finds that the petitioner's right to property under Article 40 of the Constitution has not been violated because the land was allocated unlawfully. The court also finds that the petitioner's right to dignity has not been violated.

Johnstone Chacha Murimi v Florence Chacha [2015] KEHC 1887 (KLR)

✦ The court grants the applicant leave to file and serve a Memorandum of Appeal within 7 days, the Record of Appeal within 60 days, and the appeal is listed for directions within 30 days.

Republic v Richard Onguti Ombati & another [2015] KEHC 2582 (KLR)

✦ The court grants the accused persons' application for bond pending trial.

Republic v Kenya Medical Laboratory Technicians & Technologists Board & another Interested Parties Abdilatif Ali [2015] KEHC 2761 (KLR)

✦ The application is dismissed with costs.

John Wanjohi Kabau v Republic (Criminal Appeal 29 of 2010) [2015] KEHC 2241 (KLR) (1 October 2015) (Judgment)

✦ The conviction and sentence are quashed, and the appellant is set at liberty.

Busia Outgrowers Company Ltd. v Kenya Sugar Board & another [2015] KEHC 2279 (KLR)

✦ The deposit should not be released to the 2nd Defendant as it would defeat the purpose for which it was agreed.