Kenyan case law

PATRICK KOOME MUTUOTA & ANOTHER v REPUBLIC [2007] KEHC 2742 (KLR)

✦ Appeal dismissed

JOSEPH KINYUA KABETE & ANOTHER v REPUBLIC [2007] KEHC 863 (KLR)

✦ The bail terms are reduced to Kshs.5,000 each.

DHIMIT UMEDBHAI CHAUHAN v FALGUNI DHIMIT CHAUHAN [2007] KEHC 3638 (KLR)

✦ The court dismisses the petition for dissolution of marriage as the petitioner has not established that the respondent deserted without cause.

MARY NGUHI WAWERU & ANOTHER v EMILY NYONGESA & ANOTHER [2007] KEHC 1844 (KLR)

✦ The application is resolved in favor of the applicants, and the respondents are ordered to maintain the status quo. The respondents are required to attend court to answer on oath where they reside, as between RAFIKI FARM and SIUNA FARM.

DAVID WANJALA CHELOTI & ANOTHER v LIVINGSTONE BULINGA MUSUNGU & ANOTHER [2007] KEHC 2365 (KLR)

✦ The suit is struck out with costs to the defendants.

Republic v Council of Legal Education; Njuguna & 14 others (Ex parte) (Miscellaneous Civil Case 137 of 2004) [2007] KEHC 2924 (KLR) (7 May 2007) (Judgment)

✦ Application dismissed with costs to the Respondent

PIUSH GULABCHANDI LADHA SHAH v SHRUTI CHANDRAKUMAR SHAH [2007] KEHC 3370 (KLR)

✦ The petition is dismissed as it was presented prematurely due to the alleged desertion not meeting the legal requirements of being for at least three years.

Republic v The Council of legal education [2007] KEHC 3683 (KLR)

✦ Application dismissed with costs to the Respondent

PETER KIPYEGON KIRUI v AGRICULTURAL DEV. CO-OPERATION & 2 OTHERS [2007] KEHC 822 (KLR)

✦ The court granted the plaintiff's application for leave to file a fresh and proper verifying affidavit.

ADELA RWABUDARIKO & ANOTHER v FARMERS CHOICE LIMITED [2007] KEHC 2577 (KLR)

✦ The court orders the appellants to deposit K.Shs.25,000 as security for costs within 30 days, or the appeal will be dismissed with costs to the respondent.

MOUNT AGENCIES LTD v KIRKDALE & OTHERS [2007] KEHC 2712 (KLR)

✦ The ex parte injunction is discharged

KENYA ALLIANCE INSURANCE CO. LTD v JOHN MUTUKU MUSYIMI [2007] KEHC 2491 (KLR)

✦ The appeal is dismissed for want of prosecution.

EPCO BUILDERS LIMITED v GEOMAPS AFRICA LIMITED [2007] KEHC 3552 (KLR)

✦ The application is dismissed with costs as the Applicant has failed to adduce evidence of a dispute or difference between them and the Respondent which should be referred to arbitration.

EUNICE WANJUKI JOHN v HUGO NJERU JOHN [2007] KEHC 988 (KLR)

✦ The court finds that Eunice Wanjiku John is the real wife of the deceased and that Hugo Njeru John is the biological son of the deceased. The court also finds that the surviving children received gifts from the deceased during his lifetime and shall account for them.

Oilnet Petroleum Limited V Shell & BP (Malindi) Kenya Limited [2007] KEHC 2603 (KLR)

✦ The applicant has not established ownership of the suit premises or any special circumstances warranting a mandatory injunction. The application is dismissed.

MWAURA KIMUHU v CHAIRMAN MARAGUA LAND DISPUTES TRIBUNAL & ANOTHER [2007] KEHC 999 (KLR)

✦ The application is allowed and orders granted as prayed. The Tribunal's decision and orders are quashed for having been made without jurisdiction and being against the law of the land.

REPUBLIC v MUSIKARI KOMBO & 3 others EX PARTE JAMES MWANGI WAWERU [2007] KEHC 3690 (KLR)

✦ The orders of Certiorari are granted, and the decision of the Minister for Local Government to revoke the Applicant's nomination and appoint the Interested Party as Councillor are quashed.

AMOS MUHINGA KIMUNYA v PETER ANYANG NYONGO [2007] KEHC 271 (KLR)

✦ The plaintiff's application to compel particulars is struck out but with leave to recommence the correct procedure.

MWAURA KIMUHU v CHAIRMAN MARAGUA LAND DISPUTES TRIBUNAL & ANOTHER [2007] KEHC 127 (KLR)

✦ The application is allowed and orders granted as prayed. The Tribunal's decision and the orders of the subordinate court are quashed for being without jurisdiction and against the law.

KUYA OLE MASIKONDE & 11 others v THE ATTORNEY GENERAL [2007] KEHC 36 (KLR)

✦ The application is dismissed with costs

REPUBLIC v MUSIKARI KOMBO FOR LOCAL GOVERNMENT & 2 OTHERS EX-PERTE JAMES MWANGI WAWERU [2007] KEHC 2981 (KLR)

✦ The Court quashed the decision of the Minister for Local Government revoking the Applicant's nomination and ordered the prohibition of Wilson Kinyua Giteru from assuming the office of Councillor. The Court also ordered the Murang’a County Council to allow the Applicant to resume his office as a Councillor.

Republic v Musikari Kombo for Local Government & 5 others; Waweru (Ex parte); Electoral Commission of Kenya (Interested Party) (Miscellaneous Civil Application 1648 of 2005) [2007] KEHC 70 (KLR) (Civ) (4 May 2007) (Judgment)

AMOS MUHINGA KIMUNYA v PETER ANYANG NYONGO [2007] KEHC 1406 (KLR)

✦ The Plaintiff's application to seek particulars is struck out but with leave to recommence the correct procedure.

JAMES OMONDI OTIENO v REPUBLIC [2007] KEHC 9 (KLR)

✦ The conviction and sentence are upheld. The appeal is dismissed.

JULIUS MURANGA GICHURE v REPUBLIC [2007] KEHC 2877 (KLR)

✦ The conviction and sentence are quashed due to the unqualified Public Prosecutor and the nullity of the proceedings.