Kenyan case law

PETER WEMBUNDI WEPUKHULU v REPUBLIC [2006] KEHC 2662 (KLR)

✦ The conviction and sentence are confirmed

NATIONAL INDUSTRIAL CREDIT BANK LTD v SPIDER HOUSE LIMITED & 2 OTHERS [2006] KEHC 2624 (KLR)

✦ The application is denied as the defendants have indicated that they intend to rely upon the same documents the Notice of Non-Admission will serve no purpose and the Notice will only serve to delay the speedy determination of the case.

Republic v Cosmas Mwaniki Mwaura [2006] KEHC 3547 (KLR)

✦ The court finds no evidence linking the accused to the shooting and enters a finding of not guilty.

ERICK KIPKURUI v REPUBLIC [2006] KEHC 2438 (KLR)

✦ The offence of robbery with violence as defined under section 296(2) of the Penal Code was proved.

BENARD OUMA OWIYO v REPUBLIC [2006] KEHC 381 (KLR)

✦ The sentence of 7 years imprisonment for kitchen breaking is set aside and substituted with 2 years imprisonment.

MUKOROTO KANDONYE v REPUBLIC [2006] KEHC 2661 (KLR)

✦ The conviction and sentence are upheld

J. B. Drilling Co. Ltd v John Migwi Wanjiru [2006] KEHC 2967 (KLR)

✦ The respondent has been paid Kshs 450,000/=. The payment of Kshs 200,000/= was made directly to the respondent by the appellant's insurers. The appellant's application to restrain the respondent from executing for Kshs 200,000/= is allowed.

Bishop Christopher Ndungu v Andrew Abungu [2006] KEHC 2906 (KLR)

✦ The court lacks jurisdiction to transfer the suit from Nakuru Chief Magistrate's Court to Busia Senior Resident Magistrate's Court

Crispine Maina Gaturu v Muya Macharia [2006] KEHC 2916 (KLR)

✦ The Plaintiff is declared the rightful registered owner of the land, and the Defendant is ordered to vacate the land and pay mesne profits and damages.

Bernard Gitau Jane v Republic [2006] KEHC 2937 (KLR)

✦ The conviction is quashed, and the Appellant is released

Republic v Samuel Macharia Mwangi [2006] KEHC 2944 (KLR)

✦ The court finds no sufficient evidence to sustain a conviction of the accused and dismisses the case.

Bernard Wamenju Kabuga v John Kihenyo Kangethe & 2 others [2006] KEHC 3055 (KLR)

✦ The Chamber Summons Application is dismissed with costs to the Defendants

Alicadioci Mwangi Wainaina v Republic [2006] KEHC 2934 (KLR)

✦ The conviction for robbery is quashed as the recovery of the motor cycle was not connected to the appellant. The conviction for possession of firearms is upheld.

Reliable Electrical Engineers (K) Ltd v Mantrac Kenya Limited [2006] KEHC 2855 (KLR)

✦ The court finds that the plaintiff has made out a prima facie case for the grant of an interlocutory mandatory injunction. The defendant shall, upon the plaintiff depositing the sum of US$44,334 in an interest-bearing account in the joint names of the advocates for the parties, forthwith deliver to the plaintiff the remaining two generators.

Douglas Odhiambo Apel & another v Telkom Kenya Limited & 2 others [2006] KEHC 3087 (KLR)

✦ Nominal damages of K.Shs.85/= per Plaintiff are awarded

Joseph Macharia Miano & 3 others v Republic [2006] KEHC 2921 (KLR)

✦ The appeals are dismissed, and the convictions and death sentences are confirmed.

Edward Machi Mitei v John M Kileges & 2 others [2006] KEHC 3022 (KLR)

✦ The plaintiff's registration as the absolute proprietor of the land was fraudulent, and the third defendant is ordered to rectify the register by canceling the name of the plaintiff and restoring the name of Beata Wambui Kamuga.

Afrofreight Forwarders (K) Ltd v Kenya Railways Corporation & another [2006] KEHC 2851 (KLR)

✦ The court dismisses the plaintiff's application for a prohibitory injunction and for security to satisfy the decree, finding that the first defendant is not in any way trying to defeat the plaintiff's claim and that the plaintiff has a better chance of recovering its debt by letting the concession to be completed.

Katika Mutisya v Sila Mutisya [2006] KEHC 2696 (KLR)

✦ The court dismissed the main application and the preliminary objections.

Republic v Alice Wanjiku Muchira [2006] KEHC 2945 (KLR)

✦ The court finds the accused guilty of murder and convicts her.

Republic v Barsmasai Toroitich & 2 others [2006] KEHC 2909 (KLR)

✦ The application for leave to appeal out of time is dismissed due to inordinate delay and lack of serious matters of law.

Murimi Kanyi v Republic [2006] KEHC 2928 (KLR)

✦ The trial is declared a nullity, the conviction and sentence are quashed, and the Appellant is ordered to be released

Endere v Karen Roses Ltd (2006) 1 eKLR (E&L) [2006] KEHC 13 (KLR)

✦ Injunction granted and application allowed

Republic v Masia Mutisya & 3 others [2006] KEHC 2702 (KLR)

✦ The accused are found guilty of murder.

Duncan Gichohi Gatugi & another v Republic [2006] KEHC 2941 (KLR)