Kenyan case law

• REPUBLIC v PAUL MBITI MUTUNE [2006] KEHC 1476 (KLR)

  ✦ The accused is found guilty of murder and sentenced to six (6) years in prison.

  [2006] KEHC 1476 (KLR) High Court of Kenya 3 May 2006

• DANIEL MUTHURI & ANOTHER v M’IKIARA KARIGI [2006] KEHC 2641 (KLR)

  ✦ The defendant has passed the test of intergenerational equity by giving the plaintiffs 4 acres each and leaving 6 acres for himself and his daughters. The plaintiffs' claims for 7 acres and 2 acres are not supported.

  [2006] KEHC 2641 (KLR) High Court of Kenya 3 May 2006

• OWINO OKEYO & COMPANY v FUELEX KENYA LIMITED [2006] KEHC 2615 (KLR)

  ✦ The application is dismissed with costs as the plaintiff firm was dissolved but the application for execution was made on behalf of the dissolved firm, and the execution was not commenced without taxation and ascertainment of costs.

  [2006] KEHC 2615 (KLR) High Court of Kenya 3 May 2006

• CENTRE SHOP v PHARIS NKARI GITARI & ANOTHER [2006] KEHC 2643 (KLR)

  ✦ The court grants the stay of execution and sale of properties pending hearing and determination of the Appeal, but requires the Appellant to deposit Ksh.500,000 or provide a bankers' guarantee within 30 days.

  [2006] KEHC 2643 (KLR) High Court of Kenya 3 May 2006

• M H A & ANOTHER v H A R [2006] KEHC 2638 (KLR)

  ✦ The Kadhi's Court had no jurisdiction to handle the dispute and the decision is vacated.

  [2006] KEHC 2638 (KLR) High Court of Kenya 3 May 2006

• John Gaitho Wagocho & 3 others v Republic [2006] KEHC 2687 (KLR)

  ✦ The trial is declared a nullity, and the convictions and sentences are quashed. The appellants are set at liberty.

  [2006] KEHC 2687 (KLR) High Court of Kenya 3 May 2006

• CHRISTIAN BROTHERHOOD NKIBWE CHURCH TRUSTEE REGISTERED v BROTHERHOOD GOSPEL CHURCH & 3 OTHERS [2006] KEHC 2644 (KLR)

  ✦ The application for an injunction pending appeal is dismissed as the appellants have not shown a need for such an injunction.

  [2006] KEHC 2644 (KLR) High Court of Kenya 3 May 2006

• REPUBLIC v COMMISSIONER OF POLICE OF KENYA & DIRECTOR OF CRIMINAL INVESTIGATION DEPARTMENT EXPARTE JOHN BUNDI N’GALA [2006] KEHC 2631 (KLR)

  ✦ The court quashes the impoundment order, orders the release of the vehicle, and prohibits future impoundments. The declaration prayer is dismissed.

  [2006] KEHC 2631 (KLR) High Court of Kenya 3 May 2006

• REPUBLIC v JAPHETH MALUKI KIINGA [2006] KEHC 1477 (KLR)

  ✦ The court finds that the accused acted in self-defense and sentences him to one day in jail.

  [2006] KEHC 1477 (KLR) High Court of Kenya 3 May 2006

• M.M. GALGALO & 3 OTHERS v MUSIKARI KOMBO & ANOTHER [2006] KEHC 2580 (KLR)

  ✦ The application is dismissed with costs, and the interim orders are stayed pending the hearing of the plaintiffs' notice of motion.

  [2006] KEHC 2580 (KLR) High Court of Kenya 3 May 2006

• AMOS KIUNGA v MARY MWATHE [2006] KEHC 2636 (KLR)

  ✦ The application for stay of execution is denied.

  [2006] KEHC 2636 (KLR) High Court of Kenya 3 May 2006

• MARY MAGIRI v JOHN KABURU MAGIRI [2006] KEHC 2634 (KLR)

  ✦ The application is dismissed with costs to the Respondent.

  [2006] KEHC 2634 (KLR) High Court of Kenya 3 May 2006

• MOHAMED MUIN AHMAD MALIK v JOSEPH MUIRURI GITHONGO [2006] KEHC 2675 (KLR)

  ✦ The court denied the plaintiff's request for cross-examination and struck out the defendant's affidavit.

  [2006] KEHC 2675 (KLR) High Court of Kenya 3 May 2006

• Peter Ngatia Muhoro v Republic [2006] KEHC 2679 (KLR)

  ✦ The court grants leave to the applicant to file his appeal within 14 days from the date hereof and orders that he be admitted to bail pending appeal on a cash bail of Kshs.20,000/=.

  [2006] KEHC 2679 (KLR) High Court of Kenya 3 May 2006

• BELGO HOLDINGS LIMITED v JOHN ARMSTRONG NJOGU & 6 OTHERS [2006] KEHC 2669 (KLR)

  ✦ The court orders the defendants to refrain from dealing with the properties and vacate the premises pending the hearing.

  [2006] KEHC 2669 (KLR) High Court of Kenya 3 May 2006

• KANYENJE KARANGAITA GAKOMBE v AUTOMOBILE ASSOTIATION OF KENYA & ANOTHERr [2006] KEHC 2656 (KLR)

  ✦ The plaintiff's claim is not to be struck out and the suit should proceed to a full trial.

  [2006] KEHC 2656 (KLR) High Court of Kenya 3 May 2006

• JACINTA NAMBUI M’THITURA v JOHANA MUGABI & 2 OTHERS [2006] KEHC 2635 (KLR)

  ✦ The demarcation of the land in question should be put on hold and the status quo maintained until the Succession Cause is determined.

  [2006] KEHC 2635 (KLR) High Court of Kenya 2 May 2006

• John Kiptoo Siren v Charles K Omboi & 2 others [2006] KEHC 2694 (KLR)

  ✦ The suit is not res judicata and is not incompetent, defective, or an abuse of the process of the court.

  [2006] KEHC 2694 (KLR) High Court of Kenya 2 May 2006

• ENKASITI FLOWER GROWERS LTD v MATTER OF THE LAND CONTROL ACT [2006] KEHC 2626 (KLR)

  ✦ The application for stay of execution is granted for 30 days pending appeal against the ruling. If the appeal fails, the 21 days extension granted to the applicant shall run from the date of determination of the appeal. If no appeal is filed within 30 days, the 21 days shall begin to run from the expiry of the 30 days.

  [2006] KEHC 2626 (KLR) High Court of Kenya 2 May 2006

• MOHAMED GULAMHUSSEIN FARZAL KARMALI & 2 OTHERS v C.F.C. BANK LIMITED & ANOTHER [2006] KEHC 2654 (KLR)

  ✦ An injunction is granted to restrain the defendants from interfering with the plaintiffs' occupation and ownership of the suit property until the suit is heard and determined.

  [2006] KEHC 2654 (KLR) High Court of Kenya 2 May 2006

• PROSECUTOR v MWANZI KIOKO [2006] KEHC 1458 (KLR)

  ✦ The accused is found guilty and sentenced to one day in jail.

  [2006] KEHC 1458 (KLR) High Court of Kenya 2 May 2006

• REPUBLIC v MWENDWA NGOLO & 2 OTHERS [2006] KEHC 1457 (KLR)

  ✦ The accused are sentenced to 4 1/2 years in prison each.

  [2006] KEHC 1457 (KLR) High Court of Kenya 2 May 2006

• In Re the Estate of Rachael Wairimu Mbugua (Deceased) [2006] KEHC 2578 (KLR)

  ✦ The deceased's brothers have the right to inherit the deceased's share in her husband's estate. The deceased's co-widows do not have the right to revoke the grant of representation issued to the deceased's brothers.

  [2006] KEHC 2578 (KLR) High Court of Kenya 2 May 2006

• KADIMALA ANZWENI v REPUBLIC [2006] KEHC 2299 (KLR)

  ✦ The conviction and sentence are quashed, and the appellant is set free unless otherwise lawfully held.

  [2006] KEHC 2299 (KLR) High Court of Kenya 2 May 2006

• JOSEPH GITUKUI CHEGE & 3 OTHERS v REPUBLIC [2006] KEHC 2658 (KLR)

  ✦ The appeals are allowed, the convictions are quashed, and the sentences are set aside. Each appellant is set at liberty unless otherwise lawfully held.

  [2006] KEHC 2658 (KLR) High Court of Kenya 2 May 2006