Kenyan case law

KENYA FARMNUT MULTIPURPOSE,CO-OPERATIVE SOCIETY LTD v JOSEPH NDUHIU GITURI [2004] [2008] KEHC 2499 (KLR)

✦ The appeal is allowed to the extent of disallowing the sum of Kshs.37,500 awarded to the respondent in respect of terminal benefits. The judgment in favour of the respondent in the sum of Kshs.150,000 is confirmed.

JOSEPH KIMANI KARIUKI v GRACE WANJIRU MWANGI [2008] KEHC 2716 (KLR)

✦ The Notice of Motion is dismissed

PARVINDER SINGH SAUND v JOHNSTONE LASARO MWANZIA [2008] KEHC 2429 (KLR)

✦ The court grants the application and extends time for filing the record of appeal within 7 days from the date of the judgment.

In Re FM (An Infant) [2008] KEHC 2481 (KLR)

✦ The court grants the adoption order as it is in the best interests of the child

ALLIANCE DEVELOPMENT LTD T/A JADINI BEACH HOTEL & SAFARIS BEACH HOTEL v NATIONAL INDUSTRIAL CREDIT BANK [2008] KEHC 3059 (KLR)

✦ The reference is allowed, and the defendant's bill of costs is remitted back for taxation with directions to consider the value of the subject matter from pleadings.

DAMA KENGA v REPUBLIC [2008] [2008] KEHC 2521 (KLR)

✦ The appeal is allowed, and the sentence of 4 years imprisonment is set aside. The appellant is sentenced to 6 months imprisonment from the date of sentence.

ELIJAH MBONDO MUSYOKI & 2 others v REPUBLIC [2008] KEHC 2911 (KLR)

✦ The court finds that the continued detention of the applicants was a violation of their constitutional rights and declares the trial a nullity.

REPUBLIC v STEPHEN KIBE MAKUMI [2008] KEHC 3048 (KLR)

✦ The proceedings are null and void due to the violation of the accused's fundamental and constitutional rights

REPUBLIC v ELIJAH WANJUKI NGARI & 2 OTHERS [2008] KEHC 3384 (KLR)

✦ The Court of Appeal held that the violation of the accused's rights under the constitution can lead to an acquittal. The Court found that the accused's constitutional rights were violated and acquits all three accused persons of the charge of murder.

Republic v Margaret Wambui Mwangi [2008] KEHC 2665 (KLR)

✦ The accused's continued prosecution is illegal and a violation of his constitutional rights due to the inordinate delay in arraigning him in court.

KENYA BUS SERVICES (MSA) LTD v C.M.C. MOTORS GROUP LTD [2008] KEHC 3173 (KLR)

✦ The court overrules the plaintiff's preliminary objection and grants leave to proceed with the counter-claim.

REPUBLIC v TIMOTY MUKWIRI MBURIA [2008] KEHC 3341 (KLR)

✦ The court acquits the accused of murder due to the violation of his constitutional rights without reasonable explanation.

JANE NDUKU KARIARA v JONATHAN KARIARA KITENG’E [2008] KEHC 2228 (KLR)

✦ The court pronounces a decree of divorce and orders the dissolution of the marriage between the petitioner and respondent. Legal custody of the child is granted to the petitioner until the child attains majority age, with visitation rights to the respondent.

JOSEPH KIBUBA KIOKO & 2others v MANGU NGOLO & another [2008] KEHC 1838 (KLR)

✦ The application is dismissed with no orders as to costs.

HAFIDH MOHAMED v REPUBLIC [2008] KEHC 3052 (KLR)

Republic v Stephen Kuria Munene [2008] KEHC 2663 (KLR)

✦ The accused is acquitted of the charges due to the violation of his constitutional rights under section 72(3) of the Constitution of Kenya.

Republic v Stephen Kuria Munene (Criminal Case 5 of 2008) [2008] KEHC 3176 (KLR) (19 May 2008) (Ruling)

✦ The accused's continued prosecution is illegal and a violation of his constitutional rights due to the delay in bringing him to court.

PHILIP MWAURA T/A GILLETTE TRADERS AUCTIONEERS v ISAAC SIMIYU KULOBA [2008] KEHC 3304 (KLR)

✦ The application is irregular and improperly on the record, and the interim orders are vacated.

REPUBLIC v FRANCIS MURIGU KAREITHI [2008] KEHC 3340 (KLR)

✦ The court finds that the accused's constitutional rights were violated, and acquits the accused of the charge of murder.

JOHN G. MBUTHIA & another v STEPHEN MUIRURI NJENGA [2008] KEHC 3061 (KLR)

✦ The award of Kshs.300,000/= in general damages is excessive and is reduced to Kshs.100,000/=

REPUBLIC v MARY WAMBUI KARIUKI alias WAMUTHENGI & SIX OTHERS [2008] KEHC 3328 (KLR)

✦ The accused have no case to answer and are acquitted of the two counts of murder.

AJAY INDRAVADAN SHAH v HARBANS SINGH AMRIT [2008] KEHC 2250 (KLR)

✦ The application is dismissed with costs to the plaintiff as the issues can be addressed during the trial.

Republic v Margaret Wambui Mwangi (Criminal Case 11 of 2006) [2008] KEHC 3177 (KLR) (19 May 2008) (Ruling)

✦ The court holds that the accused was brought before court in breach of the provisions of section 72(3) of the constitution and no reasonable explanation was given for the breach, thus his continued prosecution is illegal and a violation of his constitutional rights.

REPUBLIC v BONFACE MWAKIO [2008] KEHC 2260 (KLR)

✦ The conviction and sentence are upheld

BAMBURI SPECIAL PRODUCTS LTD v DHANJAL BROTHERS LIMIED [2008] KEHC 2427 (KLR)

✦ The court granted the stay of proceedings order.