High Court of Kenya judgments

DAVID ODHIAMBO OWINO v THE BOARD OF TRUSTEES [2007] KEHC 2870 (KLR)

✦ The court ordered specific performance of the terms of offer and acceptance, completion of the storm drainage and perimeter wall to 30% level, and a declaration that the tenancy purchase repayment is due from the date of execution of the tenant purchase agreement.

[2007] KEHC 2870 (KLR) High Court of Kenya 4 May 2007

C.O. OKERE v ESTHER NDUTA KIIYUKIA & 2 others [2007] KEHC 3402 (KLR)

✦ Plaintiff's suit fails and is dismissed with costs

[2007] KEHC 3402 (KLR) High Court of Kenya 4 May 2007

JOHN NJENGA MUKUHI v REPUBLIC [2007] KEHC 2903 (KLR)

✦ The Appellant’s appeal is dismissed. The conviction is upheld and the sentence of death in count 1 is confirmed. The sentences in counts 2 and 3 and count 4 are suspended.

[2007] KEHC 2903 (KLR) High Court of Kenya 4 May 2007

M.O.OSEKO & ANOTHER v DAVID AWORI & 2 OTHERS [2007] KEHC 2871 (KLR)

✦ The prosecuting counsel in HCCC No. 2905/93 does not have locus standi to attack and fault the proceedings in HCCC No. 877/03.

[2007] KEHC 2871 (KLR) High Court of Kenya 4 May 2007

MARY WANGARI NGUGI v SAMMY MWAURA NJAU & another [2007] KEHC 3153 (KLR)

✦ The application is dismissed as the plaintiff cannot provide a full grant of letters of administration and the limited grant she has is limited to collecting the estate.

[2007] KEHC 3153 (KLR) High Court of Kenya 3 May 2007

PAUL MWAURA MURAGURI v REPUBLIC [2007] KEHC 3646 (KLR)

✦ The conviction is quashed and the Appellant is set free

[2007] KEHC 3646 (KLR) High Court of Kenya 3 May 2007

KARIUKI & GATHECHA RESOURCES LTD v GICHANGA CHUI & ANOTHER [2007] KEHC 2588 (KLR)

✦ The interlocutory judgment entered against the plaintiff for failure to file defense to the counter-claim is set aside.

[2007] KEHC 2588 (KLR) High Court of Kenya 3 May 2007

In Re YA ( A Child) [2007] KEHC 2841 (KLR)

✦ The applicants are qualified to adopt the child YA.

[2007] KEHC 2841 (KLR) High Court of Kenya 3 May 2007

THE DELPHIS BANK LIMITED v EZZYCON COMPUTER SERVICES LTD & 2 OTHERS [2007] KEHC 2691 (KLR)

✦ The court held that the plaintiff was entitled to the sum of KShs.23,718,716.12 from the 1st defendant as the principal borrower and the 2nd and 3rd defendants as guarantors.

[2007] KEHC 2691 (KLR) High Court of Kenya 3 May 2007

MARY WANGARI NGUGI v SAMMY MWAURA NJAU & another [2007] KEHC 2930 (KLR)

✦ The application is dismissed as the plaintiff does not have a full grant of letters of administration and the limited grant is limited to collecting and preserving the estate.

[2007] KEHC 2930 (KLR) High Court of Kenya 3 May 2007

BENARD ONDARI RATEMO v KENYA POWER & LIGHTING CO. LTD [2007] KEHC 2916 (KLR)

✦ The Plaintiff is entitled to full pay and benefits for 2 months and half pay and benefits for another 2 months during his suspension.

[2007] KEHC 2916 (KLR) High Court of Kenya 3 May 2007

PETER MWINZI MUINDI AND 12 OTHERS v KENYUCO HOUSING CO. SOCIETY LTD. AND ANOTHER [2007] KEHC 3059 (KLR)

✦ The court grants the plaintiffs' prayer (b) for temporary injunctions against the 1st Defendant. The status quo is maintained in respect of the parcels mentioned in prayer (c) pending the final determination of the suit.

[2007] KEHC 3059 (KLR) High Court of Kenya 3 May 2007

JOHN NJEHIA GACHANJA & ANOTHER v REPUBLIC [2007] KEHC 2906 (KLR)

✦ Conviction for robbery with violence is quashed and sentence set aside. Conviction for escape from lawful custody is upheld.

[2007] KEHC 2906 (KLR) High Court of Kenya 3 May 2007

MICHAEL ATANGO LOTI alias SIMBA v REPUBLIC [2007] KEHC 2852 (KLR)

✦ The conviction is quashed and the sentence is set aside

[2007] KEHC 2852 (KLR) High Court of Kenya 3 May 2007

In Re PWW & GWW (Children) [2007] KEHC 2842 (KLR)

✦ The applicants are granted the adoption orders for PWW and GWW.

[2007] KEHC 2842 (KLR) High Court of Kenya 3 May 2007

CHARLES GAITHUMA MUNGE v PETER ICHARIA MUNGE [2007] KEHC 2908 (KLR)

✦ The Plaintiff's Plaint raises triable issues and should be allowed to proceed to trial.

[2007] KEHC 2908 (KLR) High Court of Kenya 2 May 2007

PETER NGETICH & another v SOY LAND DISPUTE TRIBUNAL & 9 others [2007] KEHC 485 (KLR)

✦ The plaintiffs cannot file a declaratory suit or seek eviction orders and injunctions against the defendants. The application and suit are struck out.

[2007] KEHC 485 (KLR) High Court of Kenya 2 May 2007

IN Re ON (A CHILD) [2007] KEHC 2885 (KLR)

✦ The adoption is allowed and the applicants are authorized to adopt the child as ONL.

[2007] KEHC 2885 (KLR) High Court of Kenya 2 May 2007

IN Re HN, ( INFANT) [2007] KEHC 3721 (KLR)

✦ The court grants the application for adoption and authorizes the applicants to adopt the infant HN.

[2007] KEHC 3721 (KLR) High Court of Kenya 2 May 2007

JUSTUS MWANGANGI NZIOKA v REPUBLIC [2007] KEHC 2131 (KLR)

✦ The application for bail pending appeal is dismissed.

[2007] KEHC 2131 (KLR) High Court of Kenya 2 May 2007

MARY WAMBUI MBUCHUCHU v DAVID KITHINJI MUAMBI & ANOTHER [2007] KEHC 2310 (KLR)

✦ The court held that the signature on the sale agreement was forged.

[2007] KEHC 2310 (KLR) High Court of Kenya 2 May 2007

THOMAS MUTUNGA KITHUNZI v STANDARD ASSURANCE (K) LTD (Civil Case 1414 of 2004) [2007] KEHC 597 (KLR) (2 May 2007) (Ruling)

✦ The Court finds the Defendant's application for security for costs justified due to the Plaintiff's lack of means to satisfy the Defendant's costs if the suit fails.

[2007] KEHC 597 (KLR) High Court of Kenya 2 May 2007

Kenyan case law