Kenyan case law

M S A v P K A [2009] KEHC 3407 (KLR)

✦ The plaintiff is authorized to have and keep custody of the child until he attains the age of eighteen, with the defendant granted unrestricted visitation rights.

REBECCA VETA PHILIP v MARGARET WANJIRU PHILIP [2009] KEHC 3428 (KLR)

✦ The appeal is allowed in part, with the daughters included in the distribution and the share of Isaac reduced

ELIJAH KIMURU KATHOKORO V CHARITY NJOKI MUCHIRA & 5 OTHERS (Children Miscellaneous Application 165 of 2006) [2009] KEHC 2211 (KLR) (1 July 2009) (Ruling)

✦ The application is dismissed with costs to the ex-parte applicant

REPUBLIC v ATTORNEY GENERAL & 8 others [2009] KEHC 3255 (KLR)

✦ Leave is granted to the applicants to file judicial review proceedings for certiorari, mandamus, and prohibition.

PURBAI GOPAL RAMJI PATEL v ASSET RECOVERY CO. LTD & another [2009] KEHC 3047 (KLR)

✦ The application for temporary injunction is dismissed with costs. The sum of Kshs.100,000/= that was deposited in a joint interest earning account by the plaintiff is released to the 1st defendant to defray the costs of the advertisement of the public auction.

CHARLES NDERITU KARIUKI v REPUBLIC [2009] KEHC 2651 (KLR)

✦ The appeal is allowed, conviction and sentence quashed, appellant set at liberty

In Re The Matter of Roy Ochieng Samo [2009] KEHC 3258 (KLR)

✦ The court grants leave to file judicial review proceedings for certiorari.

CLEOPHAS KIPKEMOI NGETICH v REPUBLIC [2009] KEHC 2374 (KLR)

✦ The conviction is quashed and the Appellant is released

Reliable Concrete Works Ltd v Municipal Council of Nakuru & 2 others [2009] KEHC 1 (KLR)

✦ Section 12 of the Valuation for Rating Act is unconstitutional as it authorizes the Council to appoint members of the Valuation Court, which undermines the ratepayers' rights under Sections 75 and 77(9) of the Constitution.

REPUBLIC V ELIZABETH WAITHIRA MARY & ANOTHER [2009] KEHC 2974 (KLR)

✦ The application is dismissed. The case may now proceed to the stage in which the accused persons shall put forward their respective defences.

DAVID MUCHIRI MUTHIGANI V JULIUS MAINA MUNUHE [2009] KEHC 2900 (KLR)

✦ David Muchiri Muthigani's protest is dismissed with costs to the applicant. The application for confirmation of grant is allowed.

OBAGA & CO. ADVOCATES V KIPKEBE LIMITED [2009] KEHC 3119 (KLR)

✦ The court dismisses the application with costs to the Advocate due to inordinate delay without sufficient explanation.

Joshua Kimaita & another v Jason Philipus 7 others 2004 [2009] KEHC 200 (KLR)

REPUBLIC v JOSHUA KINYUA NGARI & 2 others [2009] KEHC 2636 (KLR)

✦ The court holds that the accused have a case to answer and puts them on their defence

MICHAEL THINWA MUGUKUMA V REPUBLIC [2009] KEHC 2794 (KLR)

✦ The trial before the subordinate court was a nullity and all convictions and sentences are set aside. The appellant is directed to be set at liberty unless otherwise lawfully held.

REPUBLIC v KENYA NATIONAL EXAMINATION COUNCIL [2009] KEHC 3267 (KLR)

✦ The application is certified as urgent, and leave is granted to file judicial review proceedings for certiorari and mandamus. The stay orders are declined.

PETER W. MIGWI KANGETHE V JOHN L. KARANJA MWANGI [2009] KEHC 2261 (KLR)

✦ The appeal is allowed with costs to the appellant. The decree and order of the lower court is set aside. The respondent's suit in the subordinate court is ordered dismissed with costs to the appellant. The appellant's counter claim too stands dismissed with costs to the respondent.

daniel murimi maina v republic [2009] KEHC 3421 (KLR)

MUTAHI KAMAU V RICCANDA WANJIRU MUTAHI [2009] KEHC 2741 (KLR)

✦ The appeal has merits and the awards of Kieni East Land Disputes Tribunal and Provincial Land Disputes Appeals Committee are hereby set aside.

ABDUL MOHAMED HAKIM v REPUBLIC [2009] KEHC 1543 (KLR)

✦ Conviction and sentence quashed, appellant set at liberty

KIMARU GITIMU v REPUBLIC [2009] KEHC 3320 (KLR)

✦ The trial was defective and a nullity, and the conviction is set aside. A retrial is ordered.

ELIZABETH WAMAHIGA MURIITHI V JOHN KARONJI WANGAI [2009] KEHC 2906 (KLR)

✦ The suit premises do not form part of the deceased's estate and are not available for distribution.

ALI BONEA BARISA v REPUBLIC [2009] KEHC 1539 (KLR)

✦ The conviction is quashed and the appellant is set at liberty

MUGWIMI KABUTHI & 8 others v STEPHEN MURITHI MUGWIMI & another [2009] KEHC 3394 (KLR)

✦ The further amended plaint is fatally defective and is struck out with costs to the 2nd defendants.

REPUBLIC v JOEL NDERITU MIHANG’O [2009] KEHC 2643 (KLR)

✦ The accused is placed on his defence and is reminded of his right to call witnesses.