Kenyan case law

MALCOM BELL v DANIEL TOROITICH ARAP MOI & 2 Others [2012] KEHC 5777 (KLR)

✦ The appeal is dismissed. The judgment of the High Court is upheld.

Mary Njeri Muigai v Peter Nyoike Muigai & 3 others [2012] KEHC 2497 (KLR)

✦ Leave is granted to the plaintiff to institute contempt of Court proceedings against the 1st defendant Peter Nyoike Muigai.

Director of Public Prosecutions v Samuel Kimuchu Gichuru & another [2012] KEHC 5422 (KLR)

✦ The irregularity in the gazettement of the state counsel is not so grave as to justify expunging the submissions, and the record of the subordinate court is corrected.

FRANCIS KYENGO KALOKI & 4 OTHERS V PETER MAKENZI KALOKI & ANOTHER [2012] KEHC 5861 (KLR)

Chesilyot Enterprises v National Bank of Kenya Ltd [2012] KEHC 2353 (KLR)

✦ The court dismissed the plaintiff's claim and ordered the defendant to release the monies and interest in the account.

IN THE MATTER OF BABY J. M. [2012] KEHC 2247 (KLR)

✦ The adoption order is granted. The Child’s name shall be J.M.M. His date of birth is 1st October 2006, and he was born in Kenya.

ABEL MORANGA ONGWACHO V JAMES PHILIP MAINA NDEGWA & 3 OTHERS (Environment & Land Case 39 of 2012) [2012] KEHC 2293 (KLR) (7 August 2012) (Ruling)

✦ The court orders the plaintiff to provide security for the defendant's costs in the sum of Kshs 2,000,000, to be paid into a joint interest earning account within 60 days.

John Ngaruro Mugo v Festus Munyao & 3 others [2012] KEHC 2356 (KLR)

✦ The court finds that the plaintiff has reached the threshold for grant of an interlocutory prohibitive injunction and orders an injunction to restrain the defendants from denying the plaintiff access to his properties and from wasting, trespassing, entering, transferring or dealing with the open space or plot known as R 8 or 4361/R.

Maggie Mbogo Macniven t/a Garden of Eden Restaurant v North Lake Limited & 2 others [2012] KEHC 2357 (KLR)

✦ The plaintiff's notice of motion lacks merit and is hereby dismissed with costs

P.N.M V S.M.M [2012] KEHC 2230 (KLR)

✦ The application is dismissed as the parties' matrimonial and permanent home is in Kitui County.

SAMUEL MBURU NJOGU v REPUBLIC [2012] KEHC 5756 (KLR)

✦ The conviction for robbery with violence is quashed, and the appellant is convicted for theft contrary to Section 275 of the Penal Code.

Alex Isoe Moseti & 2 others v Lorna Adhiambo Aduor & 5 others [2012] KEHC 2229 (KLR)

✦ Application dismissed, no prima facie case of irreparable loss demonstrated

In the Matter of the Estate of Jidraph Nyoro Kangethe –(Deceased ) [2012] KEHC 2413 (KLR)

✦ The application is dismissed with costs to the respondents.

ERIC MOGIRE NYAKOGA & OTHERS v MUNICIPAL COUNCIL OF NAKURU & 3 others [2012] KEHC 5764 (KLR)

✦ The petition raises a substantial question of law and is referred to the Chief Justice to empanel a bench of judges to hear the petition.

LOCAL AUTHORITY PENSION TRUST LTD v JAMES KIONI & 31 others [2012] KEHC 5759 (KLR)

✦ An order of temporary injunction will issue restraining the respondents from interfering with or blocking the contractors engaged by the applicant to fence the premises. The applicant is at liberty to put the fence that suits it.

United States International University (Usiu v General; Outa & another (Interested Parties) (Petition 170 of 2012) [2012] KEHC 5516 (KLR) (3 August 2012) (Ruling)

✦ The High Court should not continue to determine labour and employment matters, and the Industrial Court has exclusive jurisdiction to hear and determine such disputes.

KOLU NGOLANIA V PETER IREGI & ANOTHER [2012] KEHC 5936 (KLR)

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

B. M. K v E. W. M [2012] KEHC 2416 (KLR)

✦ The court finds that both parties have committed cruelty and dissolves the marriage, granting physical custody to the respondent and granting the petitioner unsupervised, unlimited access to the child.

REPUBLIC v MOORE NAADOKILA & ANOTHER EX-PARTE ELIPHALET MWATHI MACHARIA [2012] KEHC 5772 (KLR)

✦ The application is dismissed with costs as the reliefs of prohibition and certiorari are not available against individuals.

A. D. M. T v A. W. K [2012] KEHC 2437 (KLR)

✦ The appeal is dismissed as the trial magistrate did not misdirect herself and there was no miscarriage of justice.

Mugure Thande v Attorney General [2012] KEHC 2680 (KLR)

✦ The court finds no need for an interim injunction and dismisses the petitioner's application, finding that the provisions of section 108 of the LRA have saved the application of the repealed laws.

JOHN MUTHAMA GACHEHA v COMMISSIONER OF POLICE & another [2012] KEHC 5762 (KLR)

✦ The court finds no merit in the chamber summons and dismisses it.

IN RE THE ESTATE OF THE LATE MUIKAMBA NGETHE (Deceased) [2012] KEHC 5771 (KLR)

✦ The grant of probate is confirmed.

P N K v REPUBLIC [2012] KEHC 2597 (KLR)

✦ The appeal is dismissed. The conviction is upheld. The appellant's constitutional rights were not violated. Essential witnesses were not called, but this did not weaken the prosecution evidence.

PKN V REPUBLIC [2012] KEHC 1537 (KLR)

✦ There was no sufficient evidence to support the charge and the conviction. The conviction is quashed, and the appellant is set at liberty.