Kenyan case law

Kenya Commercial Bank Ltd v Thomas Wandera Oyalo [2005] KEHC 1686 (KLR)

✦ The appeal is allowed and the judgment of the trial magistrate is set aside. The appellant's suit is dismissed. The appellant shall have costs of the appeal and those of the suit.

In Re the Estate of Odonyo Maloba (Deceased) [2005] KEHC 2060 (KLR)

✦ The court held that Phillip Okwero, as the deceased's grandson, was the rightful heir and should be granted letters of administration.

Republic v Chief of Ageng’a Location & another Ex-Parte John Mambala Mari & another [2005] KEHC 3154 (KLR)

✦ The Court allows the motion and quashes the decision made by the Chief of Agenga Location without jurisdiction.

Penina Obuya v Fredrick O Otisieno [2005] KEHC 764 (KLR)

✦ The appeal is allowed, the judgment of the trial court is set aside, and the suit is dismissed

Penina Obuya v Fredrick O. Otisieno [2005] KEHC 2107 (KLR)

✦ The appeal is allowed, and the judgment of the Senior Resident Magistrate is set aside. The suit is dismissed.

Ashioya & Co. Advocates v Joab Rogers Wafula [2005] KEHC 1788 (KLR)

✦ The chamber summons is allowed. The Respondent is granted leave of 7 days to comply with the provisions of paragraph 11 (1) of the Advocates (Remuneration) Order. There be a stay of execution of recovery of taxed costs pending the filing of the intended objection.

Immanuel Inchor Imana v David Ethuro & 2 others [2005] KEHC 1292 (KLR)

John Francis Muyodi v Kennedy Odhiambo Owiti & Co Advocates & 2 others [2005] KEHC 1285 (KLR)

✦ The applicant is granted leave to institute his intended action within 10 days from the date of this order.

Erick Nangabo v Samwel Njuguna Kariuki [2005] KEHC 410 (KLR)

✦ The court denied the application for a stay of proceedings and orders issued in Nakuru CMCC No.2604 of 2004 and for a further order to have the aforesaid suit withdrawn and transferred to Ukwala SRM’S Court for consolidation with Ukwala SRMCC No.16 of 2004. The court exercised its discretion to withdraw and transfer Ukwala SRMCCC No.16 of 2004 to Nakuru Chief Magistrate’s Court.

John Francis Muyodi v Kennedy Odhiambo Owiti & 2 others [2005] KEHC 1305 (KLR)

✦ The applicant is granted leave to file his intended action within 10 days from the date of this order

In re the Estate of the Late Naftali Abwavo Majoni (Succession Cause 36 of 2001) [2005] KEHC 387 (KLR) (8 April 2005) (Ruling)

✦ The grant of letters of administration given to Miriam Musimbi Majoni on 14th March, 2002 is annulled on the grounds of the petitioner's intentional concealment of material facts and false allegations.

Michael Oyugi & 4 others v Budalangi Lands Disputes Tribunal & another [2005] KEHC 3153 (KLR)

✦ The motion is struck out due to the irregularity in obtaining leave and the failure to file the statutory statement and serve the notice.

Ashioya & Co Advocates v Joab Rogers Wafula [2005] KEHC 1284 (KLR)

✦ The chamber summons dated 4th October, 2004 is allowed. The respondent is granted leave of 7 days to comply with the provisions of paragraph 11 (1) of the Advocates (Remuneration) Order. There be a stay of execution of recovery of taxed costs pending the filing of the intended objection pursuant to the provisions of paragraph 11(3) of the Advocates (Remuneration) Order.

Michael Oyugi & 4 others v Bundalangi Lands Disputes Tribunal & another [2005] KEHC 1386 (KLR)

✦ The motion is struck out due to the irregularity in the timing of the leave application and the filing of the motion.

Erick Nangabo v Samwel Njuguna Kariuki [2005] KEHC 1599 (KLR)

✦ The court denies the applicant's motion for a stay of proceedings and orders issued in Nakuru CMCC No.2604 of 2004 and for a further order to have the aforesaid suit withdrawn and transferred to Ukwala SRM’S Court for consolidation with Ukwala SRMCC No.16 of 2004. The court exercises its discretion to withdraw and transfer Ukwala SRMCCC No.16 of 2004 to Nakuru Chief Magistrate’s Court to be consolidated with Nakuru CMCC No.2604 of 2004.

Transafrica Conveyors Limitedole Hiby v Sofitra Kenya Limited (Civil Suit 29 of 2004) [2005] KEHC 535 (KLR) (8 April 2005) (Ruling)

✦ The suit will be heard and determined at Busia

Leah Gacheru v Barclays Bank of Kenya Ltd [2005] KEHC 461 (KLR)

✦ The court finds in favor of the plaintiff, ordering her to be awarded Kshs.500,000 in aggravated damages, Kshs.2,000,000 in general damages for libel, an injunction against the defendant, and costs of the suit.

Moses Ouya Mahocha v Ancetus Adongo & 2 others [2005] KEHC 1808 (KLR)

✦ The motion has no merit and is dismissed with costs to the respondents.

In re NMM (Infant) (Adoption Cause 222 of 2004) [2005] KEHC 2727 (KLR) (Family) (7 April 2005) (Judgment)

✦ The adoption order is granted and the child will henceforth be known as NFM.

B W M v B M K [2005] KEHC 2713 (KLR)

✦ Decree of divorce granted

In Re DIG (a Minor) [2005] KEHC 2658 (KLR)

✦ The court grants the application for adoption and allows the applicants to adopt the child DIG.

Kaperu Muchiri v Republic [2005] KEHC 2695 (KLR)

✦ The conviction for the alternative charges is quashed and the sentence is set aside.

David Mwenja v Jubilee Insurance Co Ltd [2005] KEHC 759 (KLR)

✦ The Appellant's application is dismissed with costs to the Respondent. The interim order for stay is hereby vacated.

In Re MRR & HNR(Children) [2005] KEHC 1913 (KLR)

✦ The court orders that JRN and YFOP-N are authorized to adopt the children MRR and HNR.

Patrick Kerandi Nyakundi v Republic [2005] KEHC 2692 (KLR)

✦ The appeal is dismissed. The convictions and sentences are upheld, except for the 5 strokes of the cane which are set aside.