Kenyan case law

RUTH NYABOKE ONDIEKI v LABAN OCHAKO NYAKABA [2009] KEHC 3122 (KLR)

✦ The plaintiff is the registered proprietor of the suit land and an interlocutory injunction is granted to restrain the defendant from trespassing onto the land.

MUTISO MUSILA v REPUBLIC [2009] KEHC 2384 (KLR)

✦ The appeal is dismissed on all grounds.

MUTISO MUSILA V REPUBLIC [2009] KEHC 2383 (KLR)

✦ The appeal is dismissed on all grounds

MOHAMED DIDO v INYABWANA ABOUD MZAMIL [2009] KEHC 1489 (KLR)

✦ The court allows the appeal application due to the appellant's good and sufficient cause for the delay and the arguable nature of the appeal

REPUBLIC v SERAH WAMBUA MUINDI [2009] KEHC 2656 (KLR)

✦ The application is dismissed. The original record of the trial has not been traced, and the wider interests of justice do not warrant granting the accused release or quashing the conviction.

MUSA ANGIRA ANGIRA V SILFANUS NGOJE OCHIENG & ANOTHER [2009] KEHC 3093 (KLR)

✦ The defendants are found guilty of contempt of court and are directed to be arrested and delivered to the court.

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

✦ Application dismissed with costs

MOHAMED DIDO v INYABWANA ABOUD MZAMIL [2009] KEHC 1488 (KLR)

✦ The court allows the appeal application due to the appellant's good and sufficient cause for the delay and the arguable nature of the appeal

MOSES KIPRUTO MUTAI V REPUBLIC [2009] KEHC 1825 (KLR)

✦ The appeal is allowed and the appellant is set at liberty unless otherwise lawfully held.

KEBIRIGO TEA FACTORY v KALENI NYANCHOKA AINYA [2009] KEHC 3317 (KLR)

✦ Dismissal of appeal for want of prosecution and abuse of court process.

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.

In Re Estate of Joseph Rongoei Kerich (Deceased) [2009] KEHC 3158 (KLR)

OMBARE GEKENE V MBARANYA INDIRE [2009] KEHC 2430 (KLR)

✦ The application is allowed, the order dismissing the Plaintiff's suit with costs is set aside, and the case is reinstated for hearing.

CYRUS KOMO CHEGE v MINEH WAIRIGU MBUGUA [2009] KEHC 3389 (KLR)

✦ The application is dismissed with costs.

In Re Estate of Tapnyobi Chermurer Leldayet (Deceased) [2009] KEHC 3461 (KLR)

✦ The court finds the proceedings for a protest are not yet ready and directs the registrar to serve the protest filed in the principal court and service the respondent administrators.

MARIAM MUENI MUSEMBI & another v COMMISSIONER OF LANDS AND 5 others [2009] KEHC 1495 (KLR)

✦ The Preliminary Objection is improperly presented and shall not be argued before hearing of the Notice of Motion.

JOSPHINE KAHONGA v REPUBLIC [2009] KEHC 2937 (KLR)

✦ The sentence is reduced to a term that will secure the appellant's immediate release.

IN THE MATTER OF AN APPLICATION FOR COMMITTAL FOR CONTEMPT OF COURT & 3 OTHERS V URIRI LAND DISPUTE TRIBUNAL & 2 OTHERS [2009] KEHC 2325 (KLR)

✦ The application is dismissed. The 1st Respondent's decision is upheld.

BENARD MOMANYI OBAE v REPUBLIC [2009] KEHC 3087 (KLR)

✦ The applicant is admitted to bail with a bond of Kshs.300,000/= and one surety in similar amount.

ANDREW NYARINDO v REPUBLIC [2009] KEHC 2351 (KLR)

✦ The court dismissed the appeal

EDOKPOLO OSAMWONYI V JOHN PATRICK MACHIRA & ANOTHER [2009] KEHC 2119 (KLR)

✦ The current suit is res judicata and the application and suit against the defendants must be dismissed with costs to the defendants.

AN APPLICATION BY MANSUKHLAL SHANTILAL PATEL, DEBESH SENGUPTA, CALEB M. KAMOTE AND KENSALT LIMITED FOR JUDICIAL REVIEW ORDERS OF CERTIORARI, PROHIBITION AND MANDAMUS & OTHERS V . PROVINCIAL LABOUR OFFICER, COAST & 2 OTHERS [2009] KEHC 2181 (KLR)

✦ The Provincial Labour Officer, Coast's decision to charge the applicants was quashed, and the Provincial Labour Officer, Coast was prohibited from charging the applicants and from using the provisions of the Employment Act Cap 226, Laws of Kenya.

SONY AUDIO CORNER LTD & 4 others v JOSEPH MUCHOKI MUGO (Civil Appeal 637 of 2008) [2009] KEHC 2554 (KLR) (15 June 2009) (Ruling)

✦ The court granted leave to the applicant to commence contempt proceedings against the respondent for willful disobedience of the court order issued on 11th March, 2009.

JASWINDER SINGH SEHMI V MARGARET OGUTU RONO & ANOTHER [2009] KEHC 3110 (KLR)

✦ The Deputy Registrar was ordered to investigate the records of the court file dated 29.5.08 and the clerk concerned. If the recording was correct, a full twelve (12) months have not expired, and the application was not granted. The suit was set down for pre-trial and hearing.

JOHN KIPKEMOI TONUI & 2 others v SAMWEL TONUI & another [2009] KEHC 1892 (KLR)

✦ The application for an injunction is dismissed with costs, and the applicants should proceed to the main suit on the defendants being served.