High Court of Kenya judgments

REPUBLIC v PHILIP KIPKEMOI LELE [2009] KEHC 3567 (KLR)

✦ The proceedings are declared irregular and struck out. The prosecution is ordered to retry the case before another judge.

[2009] KEHC 3567 (KLR) High Court of Kenya 17 June 2009

NICHOLAS GITUHU KARIRA T/A M/S KARIRA & COMPANY ADVOCATE V KITALE MUNCIPIAL COUNCIL [2009] KEHC 2765 (KLR)

✦ The application is dismissed with costs to the Advocate/Applicant

[2009] KEHC 2765 (KLR) High Court of Kenya 17 June 2009

NELEAH RWAMBA v ALPHAXAD NJERU & another [2009] KEHC 3395 (KLR)

✦ application for dismissal for want of prosecution is dismissed with costs to the plaintiff

[2009] KEHC 3395 (KLR) High Court of Kenya 17 June 2009

BIWOTT PIUS KIPROTICH V TAGUMA AGENCIES LTD [2009] KEHC 2769 (KLR)

✦ The application fails and is hereby dismissed with costs.

[2009] KEHC 2769 (KLR) High Court of Kenya 17 June 2009

NEW KENYA CO-OPERATIVE V ASSISCO PHARMACY LTD [2009] KEHC 2770 (KLR)

✦ The application under consideration succeeds in its entirety

[2009] KEHC 2770 (KLR) High Court of Kenya 17 June 2009

SALOME WANJIRU MWANGI v NATIONAL BANK OF KENYA LTD [2009] KEHC 3207 (KLR)

✦ The plaintiff has established a prima facie case to entitle the court to grant her the interlocutory injunction sought. The defendant is restrained from adversely dealing with the suit property pending the hearing and determination of the suit.

[2009] KEHC 3207 (KLR) High Court of Kenya 17 June 2009

MONICA KEMUNTO JACKSON v REPUBLIC [2009] KEHC 3102 (KLR)

✦ The application for bail pending appeal is dismissed.

[2009] KEHC 3102 (KLR) High Court of Kenya 17 June 2009

In Re Azetiland Consultants Ltd [2009] KEHC 3479 (KLR)

✦ The court holds that the company is unable to pay its debts and has the jurisdiction to wind it up.

[2009] KEHC 3479 (KLR) High Court of Kenya 17 June 2009

DENNIS SAINA NDIEMA & ANOTHER V REPUBLIC [2009] KEHC 2919 (KLR)

✦ The appeal is dismissed. The identification of the appellants by the complainant was satisfactory. The proceedings in the lower court were conducted in Kiswahili, which the appellants understood.

[2009] KEHC 2919 (KLR) High Court of Kenya 17 June 2009

JANE WANGITHI NGIRI v SAMSON MAGANJO GATEI [2009] KEHC 2608 (KLR)

✦ The application is dismissed as the plaintiff has failed to establish a prime facie case.

[2009] KEHC 2608 (KLR) High Court of Kenya 17 June 2009

NYAMONDI OCHIENG NYAMOGO & OTHERS V KENYA PIPLINE COMPANY LTD & 2 OTHERS [2009] KEHC 2109 (KLR)

✦ The court declines to strike out the defence, finding it raises triable issues and sustaining the statement of defence.

[2009] KEHC 2109 (KLR) High Court of Kenya 16 June 2009

PETER KIMANI KARIUKI v CHAIRMAN THIKA LAND DISPUTE TRIBUNAL [2009] KEHC 3453 (KLR)

✦ The application is dismissed. The Applicant is not granted leave to apply for an order of certiorari to remove into this court and quash the decision of the Thika Land Disputes Tribunal. The Applicant is at liberty to apply for extension of time to appeal out of time.

[2009] KEHC 3453 (KLR) High Court of Kenya 16 June 2009

AARON RINGERA V STANDARD LIMITED [2009] KEHC 2475 (KLR)

✦ An interim injunction is granted to prevent further publication of harmful material

[2009] KEHC 2475 (KLR) High Court of Kenya 16 June 2009

MANCHESTER OUTFITTERS LTD v PRAVIN GALOT & 4 others [2009] KEHC 3396 (KLR)

✦ The court finds that Mr. Mohan Galot is the governing director of the plaintiff company and is duly authorized to deal with the company's business, including filing suits. The preliminary objections are not upheld.

[2009] KEHC 3396 (KLR) High Court of Kenya 16 June 2009

MUTISO MUSILA v REPUBLIC [2009] KEHC 2382 (KLR)

✦ The Appellant's conviction is upheld.

[2009] KEHC 2382 (KLR) High Court of Kenya 16 June 2009

YUSSUF MOHAMED SALAT v IDRIS ALI AHMED (Civil Appeal 13 of 2002) [2009] KEHC 1499 (KLR) (16 June 2009) (Ruling)

✦ The appeal is dismissed with costs to the respondent.

[2009] KEHC 1499 (KLR) High Court of Kenya 16 June 2009

PETER MOSE AYUGE V JULIUS MACHENGE MASESE [2009] KEHC 3164 (KLR)

✦ The objection was filed too late, the Grant having been issued, just before the same was confirmed. The objection is unsustainable and is hereby struck out with costs to the applicant.

[2009] KEHC 3164 (KLR) High Court of Kenya 16 June 2009

AMPANI LEKAKENY v OLE CHESUSUA KIPUTIT & 4 others [2009] KEHC 3133 (KLR)

✦ The court dismisses the defendants' application to strike out the plaint on res judicata grounds, as the previous suit (Kisii HCCC. No. 85 of 2005) was not res judicata.

[2009] KEHC 3133 (KLR) High Court of Kenya 16 June 2009

ABIGAEL MWAMBURI & another v MARTIN NG’ANG’A NYABOKE MATUNDURA & another [2009] KEHC 1487 (KLR)

✦ The application is dismissed with costs to the respondents.

[2009] KEHC 1487 (KLR) High Court of Kenya 16 June 2009

BEATRICE MGHAMBA ONYONKA & another v MOSOCHO HEALTH CENTER & another [2009] KEHC 3340 (KLR)

✦ The plaintiffs' suit against the first defendant is struck out as it is against an unincorporated body. The entire suit is struck out and the plaintiffs will bear the costs.

[2009] KEHC 3340 (KLR) High Court of Kenya 16 June 2009

JOSEPH NJOROGE GAITHIMA v SABINA W.J. NGURINGA [2009] KEHC 2580 (KLR)

✦ Application dismissed with costs

[2009] KEHC 2580 (KLR) High Court of Kenya 16 June 2009

JOSEPH NJOROGE GAITHIMA V SABINA W.J. NGURINGA [2009] KEHC 2579 (KLR)