Kenyan case law

R. K v H. J. K & another [2013] KEHC 6501 (KLR)

✦ The court declines to order the 1st respondent to undergo a DNA test and dismisses the Notice of Motion with no order as to costs.

Saumu Wangui Wambugu & another v Khadija Rehema Mohamed [2013] KEHC 2434 (KLR)

✦ The application for revocation of grant is dismissed with no order as to costs.

Republic of Kenya v Chairman Central Province Land Dispute's Appeal's Committee & another Ex-Parte Ephantus Gathee Karimi Alias Ephantus Kagunda Karimi [2013] KEHC 2414 (KLR)

✦ The Motion dated 8th November, 2011 is well founded and allowed as prayed.

James Kariuki Macharia v John Yusuf Ndonga [2013] KEHC 2419 (KLR)

Republic v Director of Public Prosecutions & 2 others Ex-parte Maryanne Njeri Njoroge & another [2013] KEHC 6508 (KLR)

✦ The leave granted to operate as a stay shall operate as a stay in terms of prayer 3 of the Notice of Motion dated 19th August 2013, that is to say, the grant of leave herein do operate as a stay of the Order issued by the Chief Magistrates Court Kibera in Criminal Case No. 209 of 2013 freezing the Applicant’s Account Number [particulars withheld] at Consolidated Bank Ltd, Harambee Avenue Branch, Nairobi.

Joseph Muruthi Kangethu v Rose Njeru Wathuta [2013] KEHC 2418 (KLR)

✦ The motion is dismissed as unsupported and the motions are ordered struck out with costs.

Elidy Wairimu Maina v Charity Wamuyu Wanjohi [2013] KEHC 5992 (KLR)

✦ The grant of letters of administration to the Respondent is revoked due to material non-disclosure by the Respondent.

International Centre for Policy & Conflict & 5 others v Attorney General & 4 others [2013] KEHC 6503 (KLR)

✦ The learned Deputy Registrar erred in principle by failing to take into account and apply the factors in proviso (1) of Schedule VIA(1) of the Advocates Remuneration Order.

Moses Mwangi Mathu v Hellen Wairimu Mathu [2013] KEHC 2456 (KLR)

✦ The grant of succession was not obtained fraudulently, and the deceased was not a polygamous man.

Daniel Mbuthia Njimu v Grace Wacera Ndereba [2013] KEHC 2424 (KLR)

✦ The grant was not revoked as the applicant failed to prove fraud or that the grant was obtained by an untrue allegation of fact.

John Waira Karuga v Director of Public Prosecution & 2 others & Samuel G. Macharia & another [2013] KEHC 6506 (KLR)

✦ I issue a conservatory order for a period of 30 days to enable the petitioner to prosecute the petition to establish the breach of his rights.

Langata Gardens Co. Ltd v June Kathini Mutisya & 2 Others [2013] KEHC 6553 (KLR)

✦ The interlocutory judgment entered against the 2nd defendant is set aside as it was entered in contravention of mandatory legal provisions.

John Wepukhulu & 2 others v Peter Mwega & another [2013] KEHC 2410 (KLR)

✦ The Preliminary Objection is dismissed with costs to the Plaintiffs.

Media Council Of Kenya v Eric Orina [2013] KEHC 2515 (KLR)

✦ The court ordered an injunction to restrain the Respondent from writing, printing, and publishing further defamatory statements against the Plaintiff and its Council members, pending the hearing and determination of the suit.

Kiereini v Capital Markets Authority & another (Petition 371 of 2012) [2013] KEHC 6032 (KLR) (Constitutional and Human Rights) (22 August 2013) (Judgment)

✦ The High Court declares that the petitioner's rights under Article 47(1) of the Constitution were violated by the Capital Markets Authority when it took enforcement action against the petitioner.

Eunice Wairimu Muturi & another v Benson K Wairagu [2013] KEHC 6549 (KLR)

✦ The Defendant is not liable to refund the deposit as he was not aware of the death of the Purchaser and acted in good faith.

Letangule & Company Advocates v P.K.Rotich & 3 others [2013] KEHC 2492 (KLR)

✦ The Defendants' application for stay of execution pending appeal has no merit and is dismissed with costs to the Plaintiff

Shollei v Judicial Service Commission & 3 others (Petition 421 of 2013) [2013] KEHC 6008 (KLR) (Constitutional and Human Rights) (22 August 2013) (Ruling)

✦ The court declined to grant the final orders but granted a conservatory order and an order of prohibition.

Dancun Livingstone Kimanthi & Another v Republic [2013] KEHC 2537 (KLR)

✦ The court found no compelling reasons to deny bail to the applicants

Benson Karisa Ngirani Maneno v Jacob Machekele & 2 others [2013] KEHC 1883 (KLR)

✦ The court holds that the irregularities noted were not of such magnitude to affect the outcome of the election results. The 3rd Respondent was validly elected.

In Re the Estate of Pamela Akinyi Oyugi [2013] KEHC 6547 (KLR)

✦ Pamela Akinyi Oyugi is presumed dead and the Applicant is granted the order to administer her personal estate.

Rodgers Kabila Mtsonga & another v Japhet Mwangemi & another [2013] KEHC 2552 (KLR)

✦ The Plaintiffs have established a prima facie case with chances of success and are likely to suffer irreparable damages if the Defendants are allowed to intermeddle with the Estate of the Plaintiffs' father.

Michael Njagi Karimi v Gideon Ndungu Nguribu & another [2013] KEHC 6544 (KLR)

✦ The Defendants are not liable for the Plaintiff's injuries as the accident was caused by the Plaintiff's actions

Cortec Mining Kenya Limited v Cabinet Secretary, Ministry Of Mining & another [2013] KEHC 6504 (KLR)

✦ Justice declined to strike out the depositions of the National Environment Management Authority, Basu Mining Limited, and Kenya Forestry Service as interested parties.

Republic v Erick Masega Alias Madiaba [2013] KEHC 2321 (KLR)

✦ The application for bail/bond is dismissed due to the hostile family environment and lack of sureties.