Kenyan case law

In Re M N (a child) [2006] KEHC 2619 (KLR)

✦ The court grants the applicants' application to adopt the child.

REPUBLIC v MINISTER FOR INFORMATION AND COMMUNICATIONS & 5 others Ex-parte ECONET WIRELESS KENYA LIMITED [2006] KEHC 2647 (KLR)

✦ The Court found that Order 5 of the Court order was in excess of the limited jurisdiction of this Honourable Court.

Julius Kagatha v Karunge Properties Limited [2006] KEHC 2717 (KLR)

✦ The court refuses to grant leave to the applicant to file his appeal out of time

Benard Kiprotich Rutto v Republic [2006] KEHC 2603 (KLR)

DENNIS OLOLOIGERO & 2 OTHERS V THE ART OF VENTURES LTD & 2 OTHERS [2006] KEHC 3451 (KLR)

✦ The plaintiffs lack the legal capacity to commence or maintain the proceedings as they represent an unlawful society.

REPUBLIC v JOHN MWANGI KAMAU [2006] KEHC 170 (KLR)

✦ The accused is found guilty of manslaughter and sentenced to two years imprisonment.

Alexander Ngabu Muthee v Esther Muthoni [2006] KEHC 2711 (KLR)

✦ The High Court has jurisdiction to hear and determine the matter. The applicant has a prima facie case and should have exclusive possession of the subject land until the contrary is proved.

Jeremiah Kariuki Kagema v Peter Dixon Kihagi [2006] KEHC 2718 (KLR)

✦ The application is rejected as the applicant has not given any just cause and the appeal does not have overwhelming chances of success

Barnabas Bwambok & another v Vitalis Odiwuor Rugie & another [2006] KEHC 2605 (KLR)

✦ The award of damages for pain and suffering is upheld, but the award of funeral expenses is set aside and the holding regarding the deceased's income is overturned.

Antony Bachia v John M Wanjao [2006] KEHC 2604 (KLR)

✦ The court dismisses Bachia's application with costs, finding that the respondent is not a man of straw and can pay the decretal sum.

REPUBLIC v NEEMA MWANDORO NDURYA [2006] KEHC 500 (KLR)

✦ The former husband is competent to testify against the accused in the murder case involving their child.

RAHAB WAIRIMU THUO V REPUBLIC [2006] KEHC 2849 (KLR)

✦ The conviction is quashed and the sentence is set aside.

Milly Grain Millers Ltd v El Safa Kenya Ltd [2006] KEHC 2850 (KLR)

✦ The application to strike out the suit for abuse of process is dismissed with no order as to costs. The application for dismissal of the suit for want of prosecution is also dismissed.

RAZIA IQBAL MAJOTHI & 2 Others V FARIDA KARIM & Another [2006] KEHC 2723 (KLR)

✦ The Originating Summons is dismissed with costs, and the injunction order is also dismissed with costs.

MARGARET WANGARE KIMANI V WANJIKU WAHITI & 3 Others [2006] KEHC 2745 (KLR)

✦ Judgment for the plaintiff against defendants 1, 2, and 3, jointly and severally; injunction to restrain eviction; declaration that distress and threatened eviction are illegal; award of Kshs.100,000 in compensation for distressed goods; costs and interest awarded to the plaintiff

PETER MUTURI GITAU V WAIRIMU NGUGI NJUGUNA [2006] KEHC 2722 (KLR)

✦ The court dismisses the plaintiff's application and declines to set aside the dismissal order of June 4, 2003.

PAUL NGURE NGIGE v REPUBLIC [2006] KEHC 3490 (KLR)

✦ The sentence of life imprisonment is upheld.

MARTIN MUNYORI KAMAU v REPUBLIC [2006] KEHC 2657 (KLR)

✦ The application must fail and is dismissed

In Re: The Estate of Laban Chemtich Chesang - Deceased [2006] KEHC 2678 (KLR)

✦ The court dismisses the application with no order as to costs, advising beneficiaries to decide their destinies and allowing the estate to be finally administered and disposed of.

PROSECUTOR, KITUI v KAMUTI MBINDYO [2006] KEHC 2699 (KLR)

✦ The trial should start de novo within 30 days and shall not be adjourned.

JPS v Aga Khan Health Service, Kenya t/a The Aga Khan Hospital & 2 others (Civil Case 807 of 2003) [2006] KEHC 2134 (KLR) (Civ) (6 April 2006) (Interim Judgment)

✦ The suit is not an abuse of the process of the law. The mother did attend the antenatal clinic.

Davi Mululu Alinaula v Republic [2006] KEHC 2707 (KLR)

✦ The plea was unequivocal and the facts were read in a language the appellant understood. The error in referring to 'cows' instead of 'bulls' was not fatal to the conviction.

LUCY WAHU GICHAGA V MWIHAKI MUTURI [2006] KEHC 2746 (KLR)

✦ The plaintiff has not established adverse possession to the suit land and the court dismisses the plaintiff's claim.

MAJESTIC WORKS LIMITED V KILIMANJARO COMPANY LIMITED [2006] KEHC 2747 (KLR)

✦ The court dismissed the plaintiff's claim.

AGNES WAIRIMU MBURU v REPUBLIC [2006] KEHC 2663 (KLR)

✦ The proceedings were a nullity due to lack of adherence to due process, conviction and sentence are quashed