Kenyan case law
-
L. W. N V H. N. M [2012] KEHC 1574 (KLR)
✦ The marriage is irretrievably broken down and dissolved. The custody of the children is granted to the Petitioner.
-
JOSEPH WANYOIKE THUO V ATTORNEY GENERAL [2012] KEHC 5715 (KLR)
✦ The petitioner's rights were violated, and the court awards Kshs.1,500,000 as general damages.
-
ANDREW O. NYANGWESO V ALLOYS BARASA & 2 OTHERS [2012] KEHC 2658 (KLR)
✦ The appellant's application for stay of taxation fails as he did not persuade the court that he would suffer substantial loss if the respondents proceeded to assess their costs.
-
REPUBLIC V COMMISSIONER OF CO-OPERATIVE DEVELOPMENT [2012] KEHC 1357 (KLR)
✦ The court dismissed the application, finding the agency notice was issued in accordance with the Co-operative Societies Act and the respondent exercised due diligence.
-
ADRIANO AKALA ALUSIOLA V SAIDI KOKWENYA SINOYA & ANOTHER [2012] KEHC 2386 (KLR)
✦ The appeal is allowed and the Tribunal's decision is void ab initio.
-
AMRITLAL S. SHAH WHOLESALERS LTD & ANOTHER V JOSHUA EKENO [2012] KEHC 2657 (KLR)
✦ The appeal is dismissed with costs as the award of damages by the Resident Magistrate is not excessive or low and the learned magistrate did not take into account matters he ought not to have considered.
-
BETTY MAITHA DUNCAN V GILBERT MURIUKI CHABARI [2012] KEHC 2463 (KLR)
✦ The confirmed grant is revoked
-
KATHONI M’MARETE v JOHN MUTUGI M’MARETE [2012] KEHC 2429 (KLR)
✦ The court confirms the grant and orders the distribution of the estate as follows: 3 acres to Mugambi Ruguaru Borono, and the remaining 10 acres to be shared equally between the petitioner and the widow and children of the deceased by the first wife.
-
REPUBLIC v GRACE NYAMBURA KIBUI [2012] KEHC 5780 (KLR)
✦ The application for bond is granted, and the accused is released on her own bond of Kshs.300,000/- with 2 sureties of like sum.
-
ELLY ESPOSITO V BERND GRAFF & ANOTHER [2012] KEHC 2434 (KLR)
✦ The administrator of the estate of JOSEPH RUDOLF KUHN is directed to appear in person and make the necessary applications herself, rather than through agents.
-
In Re Adoption of Baby I. [2012] KEHC 2859 (KLR)
✦ The court allowed the application and ordered the adoption of Baby I by the applicants.
-
DR. KIMPEI MUNEI & 59 OTHERS V NATIONAL LAND COMMISSION SELECTION PANEL & ANOTHER [2012] KEHC 5729 (KLR)
✦ Conservatory order restraining the appointment of the Chairperson and members of the National Land Commission from taking office until 2nd August 2012 or further orders.
-
POLYCARP SHAMALLA V REPUBLIC [2012] KEHC 1302 (KLR)
✦ The court finds that the prosecution proved its case beyond reasonable doubt and that the appellant is above 18 years old. The appeal is dismissed.
-
PETER NDUNGUNYA OLE SONO & 2 OTHERS V LANDS LIMITED & ANOTHER [2012] KEHC 5684 (KLR)
✦ The court dismissed the application, finding that the plaintiffs have not complied with the requirements of Order 16, now Order 17 of the Civil Procedure Rules and Section 8 of the Civil Procedure Act.
-
CHARLES LUTTA KASAMANI V ATTORNEY GENERAL & ANOTHER [2012] KEHC 2381 (KLR)
✦ The application is allowed, and the judgment and proceedings are set aside. Costs of the application and throw away costs to the Defendant/Respondent.
-
ELDORET STEEL MILLS LIMITED V CHARLES OWINO [2012] KEHC 2643 (KLR)
✦ The respondent proved negligence on the part of the appellant and was found 80% liable. The damages awarded were not inordinately high.
-
REPUBLIC v BONIFACE MUTEMBEI [2012] KEHC 2467 (KLR)
✦ The court finds that the accused was intoxicated and thus incapable of forming the necessary intent for murder, and substitutes the charge to manslaughter.
-
MAGUTA INVESTMENTS LIMITED V KENYA SHELL LIMITED [2012] KEHC 5693 (KLR)
✦ The suit is struck out summarily as it is an abuse of the court process and the wrong Plaintiff is suing.
-
KENYA BREWERIES LIMITED V KENYA BUS SERVICES LIMITED & ANOTHER [2012] KEHC 5694 (KLR)
✦ The court varies the orders of 14th May, 2012 and deems the Plaintiff's submissions filed with leave of court. The 2nd Defendant is directed to file and serve its written submissions within 30 days from the date of the judgment.
-
KYALO MWENDWA V REPUBLIC [2012] KEHC 2703 (KLR)
✦ The appeal is allowed, conviction quashed, and sentence imposed set aside.
-
ALFRED THIRINGI v ATTORNEY GENERAL & 2 OTHERS [2012] KEHC 5731 (KLR)
✦ The arrest and detention were unlawful and in violation of the applicant's constitutional rights to personal liberty.
-
DENNIS MUASYA MUTUMA V REPUBLIC [2012] KEHC 5714 (KLR)
✦ The appeal is allowed, conviction quashed and sentence imposed set aside. The appellant should be set at liberty at once unless otherwise lawfully held.
-
NZIOKI NGONZI v REPUBLIC [2012] KEHC 2733 (KLR)
✦ The appeal is allowed, conviction and sentence quashed, appellant set at liberty.
-
JOSEPH MWANGI MUMBA v REPUBLIC [2012] KEHC 5769 (KLR)
✦ The conviction is quashed, sentence set aside, and the appellant set at liberty
-
MARTIN MWANDAWIRO v REPUBLIC [2012] KEHC 2549 (KLR)
✦ The conviction and sentence are confirmed, but the sentence of 17 years is set aside and replaced with a term of 10 years imprisonment.