Kenyan case law

KENYA PIPELINE COMPANY LIMITED V GREY SOIL INVESTMENTS LIMITED & 3 OTHERS [2008] KEHC 139 (KLR)

✦ The Plaintiff is ordered to pay thrown away costs to the 2nd, 3rd, and 4th Defendants within 30 days from the date of the order. The Plaintiff will pay costs of the 3rd Defendant's application upon the 3rd Defendant filing notice of its withdrawal.

MARTIN ERNEST V DEL MONTE KENYA LIMITED [2008] KEHC 2702 (KLR)

✦ The application is dismissed with costs to the plaintiff

PETER MBAO MUTHONI V REPUBLIC [2008] KEHC 3355 (KLR)

✦ The court finds that the evidence does not support a conviction for robbery with violence, but does support a conviction for grievous bodily harm.

PATRICK AMORO NYABUTO V REPUBLIC [2008] KEHC 2992 (KLR)

✦ The appeal is allowed, and the sentence is reduced to the period already served. The appellant is set at liberty unless otherwise lawfully held.

PARTRICK NJENGA MWAURA V REPUBLIC [2008] KEHC 2888 (KLR)

✦ We allow the appeal, quash the conviction and set aside the sentence. We order that the appellant be set at liberty unless otherwise lawfully held.

JOSHUA MBITHI MWALYO V STEPHEN KIAO & 2 OTHERS [2008] KEHC 2963 (KLR)

✦ The Petition is struck out and dismissed with costs to all the Respondents.

DUNCAN KAMBA KATAMBWA V KITUI EASTERN BUS SERVICE & ANOTHER [2008] KEHC 2832 (KLR)

✦ Judgment limited to the quantum of Kshs. 783,000 for the plaintiff's vehicle, with costs and interest awarded to the plaintiff

EPHANTUS NYAGA NGIRI & 6 OTHERS V HORTICULTURAL CROPS DEVELOPMENT AUTHORITY & ANOTHER [2008] KEHC 2769 (KLR)

✦ The court declines to grant stay orders.

NYANJA H OLDINGS LTD V FINANCE BANK LTD [2008] KEHC 3240 (KLR)

✦ The court dismissed the plaintiffs' claim for damages and ordered the defendant to pay the plaintiffs' legal fees.

CITY COUNCIL OF NAIROBI v FREDRICK K. KIMANI [2008] KEHC 2964 (KLR)

✦ The appellant must comply with the order for release of the motor vehicle before it can be heard by the court.

M’RINGERA M’NYANGE V M’MURUNGI M’NGATUNYI (Civil Appeal 71 of 1998) [2008] KEHC 3320 (KLR) (29 April 2008) (Judgment)

✦ The appeal is allowed, and the judgment of the trial court is set aside. The respondent is awarded three (3) acres from Plot No. 1160 Katheri Farm.

REPUBLIC V ISAYA AYIE ADENYO [2008] KEHC 3058 (KLR)

✦ The court found that the accused was detained for over 48 hours without charge, which was unconstitutional and violated the accused's fundamental rights and freedoms.

BERNARD MWENDWA MUNYASIA V CHARITY KALUKI NGILU & 2 OTHERS [2008] KEHC 2970 (KLR)

✦ The Petition is struck out with costs to all the Respondents.

NYAMOGO & NYAMOGO ADVOCATES v PROTEX (K) EPZ LIMITED [2008] KEHC 2947 (KLR)

✦ The Taxing Master erred in applying Schedule VII instead of Schedule V, and the Bill of Costs should be re-assessed under Schedule V.

MWITA MULIANI MWITA V REPUBLIC [2008] KEHC 2999 (KLR)

✦ The sentences are reduced to 3 years and 6 months respectively, to run concurrently.

GRAND HOLIDAY HOTEL LTD V KENYA POWER & LIGHTING CO. LTD [2008] KEHC 3517 (KLR)

✦ The court allowed the amendment, finding that it was in the best interests of both parties and would bring the point in issue to the just determination of the matter.

JOSEPH MAINA KARIUKI V REPUBLIC (Criminal Appeal 261 of 2004) [2008] KEHC 3135 (KLR) (28 April 2008) (Judgment)

✦ The appeal is allowed, and the conviction and sentence are set aside. The appellant is set at liberty.

PETER MWAI WANJAU V REPUBLIC [2008] KEHC 2152 (KLR)

✦ The application is dismissed

MARIA KANORIO M’TWAMWARI V IGOKI MUTETHIA FARMERS & TWO OTHERS [2008] KEHC 3571 (KLR)

✦ The application fails and is dismissed with costs to M’Mugwika M’Itwamwari.

CORNELIUS KAUNGUJA M’AKANE v DAVID KAILIKIA M’IMATHIU [2008] KEHC 3321 (KLR)

✦ The judgment is reviewed and the word 'appellant' where it appears in the judgment is substituted with the word 'respondent' and vice versa, except on the last paragraph page 2 line 1 of the judgment.

CLEMENT SAKIRI OPERE V MICHAEL WASONGA SINDA [2008] KEHC 2987 (KLR)

✦ The court dismisses the appellant's application for stay of execution and directs the appellant to amend his memorandum of appeal

MASUMBUKO MOHAMED OMAR V GUNDA BENEDICT FONDO & 2 OTHERS [2008] KEHC 3286 (KLR)

✦ The petition was presented and served out of time, and the court finds it incompetent. The petition is accordingly struck out.

W. E. TILLEY (MUTHAIGA) LIMITED V DEVJI MEGHJI & BROTHERS LTD, ELDORET PACKERS LIMITED & KENYA REVENUE AUTHORITY (Civil Case 128 of 2006) [2008] KEHC 3017 (KLR) (28 April 2008) (Ruling)

✦ The application is dismissed with costs.

KOBIA M’MWIRABUA v MWIRABUA M’IBERE & another [2008] KEHC 3563 (KLR)

✦ The application must fail and is dismissed with costs to the 1st respondent.

Masumbuko Mohamed Omar v Gunda Benedict Fondo & 2 Others [2008] KEHC 3922 (KLR)