Kenyan case law

MARGARET NYOKABI KAHIHU & another v SAMUEL MUKUHA NJUKI [2009] KEHC 4229 (KLR)

✦ The application is dismissed with costs as the suit is already concluded through a consent judgment.

MARY NJOKI KIBAARA v STANLEY NJOROGE MUNENE [2009] KEHC 3449 (KLR)

✦ The Court found the Appellant's appeal lacking in merit and dismissed the appeal with costs.

MARTIN OTWANE OMULEFU v REPUBLIC [2009] KEHC 3444 (KLR)

✦ The appeal against conviction is dismissed. The sentence of 4 years imprisonment is upheld.

MUTHAIGA COUNTRY CLUB v SIMON WACHIRA MUHURO [2009] KEHC 2563 (KLR)

✦ The court held that the respondent voluntarily resigned from his employment and that the appellant did not owe him Kshs.155,212.50 as terminal dues.

REPUBLIC V NICASIO NJERU NGANGI [2009] KEHC 2899 (KLR)

JEMIMAH BITUTU GAI & another v GECHURE NYABANDO & 2 others [2009] KEHC 3127 (KLR)

✦ The 2nd Respondent's Defence raises serious issues that should go to trial, and the application for summary judgment is dismissed with costs.

REPUBLIC v MUNICIPAL COUNCIL OF MAVOKO Ex-parte ATHI RIVER STORES LTD [2009] KEHC 3252 (KLR)

✦ The prohibition orders are granted, and the applicant is ordered to be prohibited from levying any charges against the applicant concerning the mining of pozzolana, gypsum, limestone, and any other mineral not set out as a common mineral under section 2 of the Mining Act.

Republic v Town Clerk, Vihiga Municipal Council Ex-Parte Vihiga Magharibi Enterprises [2009] KEHC 1889 (KLR)

✦ The application will fail as judicial review reliefs do not apply to private contracts.

REPUBLIC v CHIEF LAND REGISTRAR & another Ex-parte MOSES LAMASHON KORINKO & 5 others [2009] KEHC 3089 (KLR)

✦ The respondents are in contempt of court for breaching and disobeying the order issued on June 4, 2004.

REPUBLIC v MINISTER IN CHARGE OF ENVIROMENT MINERAL RESOURCE & OTHERS Ex-parte LYLE AND PRESSCOTT INTERNATIONAL [2009] KEHC 3234 (KLR)

✦ The application is dismissed with the Applicant bearing the costs.

REPUBLIC v JOSEPH KIUMO RWANDA [2009] KEHC 2930 (KLR)

✦ The appeal is dismissed. The appellant is found guilty and sentenced to two (2) years imprisonment.

COMMUNICATIONS CARIER LTD & another v TELKOM KENYA LIMTIED [2009] KEHC 2497 (KLR)

✦ The application is dismissed. The Plaintiff is ordered to pay the costs of the application and to take necessary steps to prepare the suit for hearing. The suit is ordered to be set down for hearing before the close of 2009.

EDWARD SAYIANKA KARASHA v EAST AFRICAN BREWERIES LIMITED [2009] KEHC 3434 (KLR)

✦ The Plaintiff's claim is dismissed.

LEAH NYAGUTHII KAMUNYA v KENYA BROADCASTING CORPORATION [2009] KEHC 2723 (KLR)

✦ The court awards the Plaintiff Kshs.200,000/= for general damages for pain and loss of amenities.

CONCORD INSURANCE CO.LTD v KEWAL CONTRACTORS CO. LTD & 2 others [2009] KEHC 3029 (KLR)

✦ Summary judgment is entered in favor of the plaintiff, and the defendants are ordered to indemnify the plaintiff for the sum of Kshs.15,000,000 and pay the costs of the application and the suit.

SAMUEL NJAGI v REPUBLIC [2009] KEHC 2921 (KLR)

✦ The appeal is dismissed as the appeal does not stand a chance of success and the applicant is not likely to serve substantial part of his sentence before the appeal is heard.

CATHOLIC DIOCESE OF MERU (Registered Trustees) v REGINA MUNANIE MUTINDA [2009] KEHC 3060 (KLR)

✦ The court upheld the liability finding but reduced the quantum of damages awarded by the lower court.

ENGINEERING & SUPPORT SERVICES V RECCHI S.A.P & 2 OTHERS [2009] KEHC 2499 (KLR)

✦ The Plaintiff cannot recover any costs from the 3rd Defendant as there was no privity of contract between them and the Award made against the 3rd Defendant did not make any provision for any payment to the Plaintiff.

REPUBLIC v DERFINA KARAMBU & another [2009] KEHC 3354 (KLR)

✦ The 1st accused is acquitted

COMMUNICATIONS CARIER LTD V TELKOM KENYA LIMTIED [2009] KEHC 2496 (KLR)

✦ The application is dismissed, and the Plaintiff is ordered to pay the costs of the application and to take necessary steps to prepare the suit for hearing.

NAMONYA KIRIERI v PETER MALAI NYUMOO [2009] KEHC 2557 (KLR)

✦ The court orders the parties to maintain the status quo as of the date of this order pending the hearing of the objection.

NKS v MNS [2009] KEHC 3165 (KLR)

✦ The marriage is dissolved due to cruelty, and the petitioner has proved one ground for dissolution.

JOHN NJOGU NGUGI v DANIEL WARUINGI KABURU [2009] KEHC 3333 (KLR)

✦ The court finds the application frivolous, vexatious, and an abuse of the court process.

PAMELA MUYESHI (t/a FRONTPAGE AGENCIES) v CHINESE CENTRE FOR PROMOTION OF INVESTMENT, DEVELOPMENT AND TRADE IN KENYA LIMITED [2009] KEHC 3430 (KLR)

✦ The Defendant's repossession of the premises was unlawful, and the Plaintiff is entitled to a mandatory injunction to unlock the premises and give her unhindered access.

FIDELITY COMMERCIAL BANK LIMITED V AZIM JAMAL VIRJEE & 2 OTHERS [2009] KEHC 2471 (KLR)

✦ The court dismisses the Notice of Motion application with costs