Kenyan case law

REPBULIC V RESIDENT MAGISTRATE’S COURT KIKUYU & 3 OTHERS [2009] KEHC 2771 (KLR)

✦ The Applicants' application must fail, and the Notice of Motion is dismissed with costs.

REPUBLIC V LAND DISPUTES TRIBUNAL KIAMBU WEST & 2 OTHERS EX-PARTE LUCY WAMBUI MUNYAKA [2009] KEHC 3013 (KLR)

✦ The court declines to grant the leave as prayed and declines to quash the decision of the West Kiambu Land Disputes Tribunal.

REBECCAH MASESE ONCHWER V CHRISTINE CHERUTO KASONGO & 2 OTHERS [2009] KEHC 2427 (KLR)

✦ The court allows the application to join Makario Obaja Basweti and Moturi Ratemo Ronald as interested parties to the suit.

IN RE THE ESTATE OF THE M’IMUNYA M’EREA (DECEASED) [2009] KEHC 2912 (KLR)

✦ The application for revocation of the grant of representation is dismissed. The caution and restriction on the property are preserved pending the respondent's intended action.

Republic v S K M [2009] KEHC 2399 (KLR)

✦ The accused was found guilty of manslaughter and sentenced to one year's imprisonment, which was commuted to immediate release.

REPUBLIC V JOSHUA KIRIMI NYAGA & 3 OTHERS [2009] KEHC 2395 (KLR)

✦ The prosecution failed to prove the accused's guilt beyond reasonable doubt.

J.M. MATHENGE t/a BUILECON ASSOCIATES V KENYA TEA DEVELOPMENT AGENCY LIMITED [2009] KEHC 2642 (KLR)

MARITHA BOCHERE MOKEBO & another v MARY AMOIT MOKEBO [2009] [ [2009] KEHC 3106 (KLR)

✦ The Grant of Letters of Administration in respect of the deceased Thomas Mokebo Moturi were confirmed.

KENYA ANTI-CORRUPTION COMMISSION V JOHNSON JACKSON GITHAKA [2009] KEHC 3063 (KLR)

✦ The plaintiff's application to strike out the defendant's defence is granted. The defendant is ordered to refund Kshs.3,494,638/= to the plaintiff.

Malak Onuong'a Machoka v Ashwin Gudka [2009] KEHC 3096 (KLR)

✦ The court finds and holds that the court has no jurisdiction to hear and determine the suit due to the Registered Land Act, Cap 300, not being complied with.

REUBEN GITONGA M’ MUGAMBI v KENYATTA NATIONAL HOSPITAL [2009] KEHC 3067 (KLR)

✦ The ex-parte interlocutory judgement entered against the defendant/applicant on 20th January 2008 in default of defence is set aside together with all consequential orders.

MARIA ROSITA CARDOZO V ROBERT KIBAGENDI OTACHI & ANOTHER [2009] KEHC 3015 (KLR)

✦ The Court ordered the 1st Defendant to deliver further and better particulars of the defense within 14 days from the date of the order.

ABDIWELLI SHARIFF ABO V ABDIWELLI SHARIFF ABO & 4 OTHERS [2009] KEHC 2486 (KLR)

✦ The interim orders granted by the court on 30th March, 2009 should not be set aside as there was no material non-disclosure, deception, misrepresentation or any other fraudulent act or omission on the part of the Plaintiff.

DAVID WARUIRU NGOTHO v BETTY M. ABONYO OYUGI & 10 others [2009] KEHC 3307 (KLR)

✦ The suit should not be transferred to Nairobi as the cause of action arose in Nakuru and the plaintiff is seeking a refund of the deposit, not specific performance.

ANN V JKA [2009] KEHC 2284 (KLR)

✦ The court authorizes the applicant to adopt the child and appoints ENM and CNN as legal guardians of the child.

ORIENTAL COMMERCIAL BANK LIMITED v BUBACON AGENCIES LIMITED & another [2009] KEHC 2467 (KLR)

✦ The application is granted, and the Defendants' statements of defence are struck out. The Plaintiff is awarded costs.

nyamondi ochieng-nyamongo & another v the disciplinary committee of the law society of kenya & another [2009] KEHC 1820 (KLR)

✦ The court dismissed the suit with costs.

MOHAMMED ELTAFF & 3 others v DREAM CAMP KENYA LIMITED [2009] KEHC 3225 (KLR)

✦ The court directs the plaintiffs and the defendant to each nominate an auditor of their choice to determine the fair market value of the 10% shareholding. If there is disagreement, an umpire will be appointed by the court to resolve the points of disagreement.

RICHARD OLUM OMOLLO v MARGARET NDUHU GICHARU [2009] KEHC 3552 (KLR)

✦ The application is dismissed with costs.

REPUBLIC V DAVID KINOTI NGURU [2009] KEHC 2992 (KLR)

✦ The trial was not a mis-trial, and the accused was not prejudiced by the absence of assessors. The trial was conducted in accordance with the law as it stood at the time of the trial.

MICHAEL WACHIRA v KURIA WANG’ONDU [2009] KEHC 3512 (KLR)

✦ The appeal and application are transferred to Nyeri High Court

JAMES ESINYEN NGAPETHUR V REPUBLIC (Criminal Appeal 160 of 2008) [2009] KEHC 2318 (KLR) (11 June 2009) (Judgment)

✦ The conviction and sentence are quashed due to statutory violations

OL KEJU RONKAI LIMITED & another v NATIONAL ENVIRONMENTAL TRIBUNAL [2009] KEHC 3452 (KLR)

✦ The court orders that the 1st Interested Party file a replying affidavit to the Applicant's substantive motion and that the leave granted operate as a stay.

TITUS KIONDO MUYA V PETER NJOROGE BAIYA & 2 OTHERS [2009] KEHC 2763 (KLR)

✦ The taxation of costs was reasonable and the awards for instruction fees were not unreasonable.

DANIEL CHEBUTUK ROTICH & 2 others v EMIRATES AIRLINES [2009] KEHC 3305 (KLR)

✦ Application for review dismissed with costs