Kenyan case law

Joshua Lesinko Ndeiya & another v Republic [2008] KEHC 3408 (KLR)

✦ The Court upheld the conviction of the appellants, finding that the circumstantial evidence pointed irresistibly to their guilt and that the appellants' alibis were not helpful.

DAVID NGUKU MUTWEIA v JOEL KITONYI NZIOKI [2008] KEHC 2609 (KLR)

✦ The appeal is allowed, the order requiring the defendant to furnish security for costs is set aside

JULIUS NDIRI MAJI v REPUBLIC [2008] KEHC 2528 (KLR)

✦ The appellant's conviction is upheld and the sentence of five years imprisonment is affirmed.

PATRICK MUTHUI MAILU & 4 others v COUNTY COUNCIL OF KITUI [2008] KEHC 2600 (KLR)

✦ A temporary injunction was granted to restrain the defendants from re-allotting, wasting, disposing off, or interfering with the subject parcels of land in Mwakini Nduiyu Trust Land.

CHARLES MWANIA & another v BATTY HASSAN [2008] KEHC 2611 (KLR)

✦ The court finds the award of damages to be justified and dismisses the appeal.

ROBERT WAHOME v REPUBLIC [2008] KEHC 2705 (KLR)

✦ The sentence is set aside and substituted with a fine of Kshs 2,000/- in default to serve one month imprisonment.

AUGUSTINE JOHN MACHARIA v REPUBLIC [2008] KEHC 1853 (KLR)

✦ The application is granted and the appellant is released on bail pending hearing and determination of the appeal.

Jane Syomoi Nzelu & 2 others v Japheth Kimanzi Mwengi [2008] KEHC 2603 (KLR)

✦ The court allows the application dated 1/11/2006 and orders the respondents to be restrained from interfering with the deceased's estate and declares the sale transaction null and void.

JOHN KANGETHE KINYANJUI v REPUBLIC [2008] KEHC 2210 (KLR)

✦ The conviction is quashed and the appellant is set free

REPUBLIC v TRANSPORT LICENSING BOARD & 3 others [2008] KEHC 2758 (KLR)

✦ The order granted on 27th March 2008 is vacated in so far as it ordered that leave operates as stay, but the order for leave is left intact.

Nambwa Sakaya Musavini v Soita Peter Shitanda & 2 Others [2008] KEHC 3899 (KLR)

MUMIAS SUGAR CO. LTD v GALIFANO WAFULA JUMA & 2 OTHERS [2008] KEHC 3448 (KLR)

✦ The appeal is dismissed with costs.

Kiarie v Gathatu (Probate & Administration 244 of 2002) [2008] KEHC 3100 (KLR) (13 May 2008) (Judgment)

✦ The Court finds that the Petitioner and the deceased lived together as husband and wife for 15 years, and the Court infers and declares the existence of a marriage by presumption and/or cohabitation.

JOHN (GIOVAN) SAOVE v JOSEPH PILALO OLE MUTEMBEI & another [2008] KEHC 2914 (KLR)

✦ The Kshs.400,000 was given as a loan and not a gift. Since the money was not used for the project, it should be refunded to the Plaintiff.

REPUBLIC v MBAJI KOMBO MBAJI [2008] [2008] KEHC 2535 (KLR)

✦ The court reduces the sentence from five years to two years imprisonment, finding the original sentence to be manifestly excessive.

In Re Kuru Murage Deceased [2008] KEHC 1762 (KLR)

✦ The court finds the objector's objections without merit and dismisses them. A grant of letters of representation is ordered to be issued to the petitioner.

JUMA MBUI SULEIMAN & another v MWAHIMA MWALIMU MASUDI & 2 others [2008] KEHC 2960 (KLR)

✦ The election of the 1st respondent as Member of Parliament for Likoni Constituency is nullified.

IBRAHIM NYAOSI OMBUNA v REPUBLIC [2008] KEHC 3002 (KLR)

REPUBLIC v JAMES NJERU GATUMU,JOSEPH IRERI KABOGO,JOSEPH MURIITHI MUCHIRI [2008] [2008] KEHC 3856 (KLR)

✦ The accused are not guilty of the offence charged

In Re The Estate of Ngugi Kamau (Deceased) [2008] KEHC 1260 (KLR)

✦ The ruling is set aside, and the administratrix/Applicant is directed to pay the costs to the Objectors.

MWENENDEGA ENTERPRISES LTD v KENYA COMMERCIAL BANK LTD [2008] KEHC 3425 (KLR)

✦ The application to amend the statement of defence by including a counter-claim is allowed.

NASIR MOHAMED DOLAL v DUALE ADEN BARE & 2 OTHERS [2008] KEHC 3288 (KLR)

✦ The Petition was not served upon the 1st Respondent within the period of time prescribed by law, and it is struck out, with costs to all the Respondents

JOSEPH NYAGA v REPUBLIC [2008] KEHC 2153 (KLR)

✦ The application for leave to appeal and stay of proceedings is rejected due to improper procedure and lack of chances of success.

AMOS KIUNGA R. MUTUNGI v HOUSING FINANCE CO. (K) LTD [2008] KEHC 3419 (KLR)

✦ The application is dismissed with costs to the two respondents.

JOHN WANJOHI GICHIRI v REPUBLIC [2008] KEHC 2342 (KLR)

✦ The conviction and sentence are quashed due to the failure to record the language used by witnesses and the lack of evidence to establish the appellant's guilt.