Kenyan case law

KENYA TEA DEVELOPMENT AGENCY LTD V J. M. NJENGA & CO. ADVOCATES [2008] KEHC 3873 (KLR)

✦ The court upheld the taxation of the advocate and client bill of costs.

PAYLESS CAR HIRE & TOURS LTD V DICK NYAMETA MOCHACHE & ANOTHER [2008] KEHC 3457 (KLR)

✦ The application for dismissal of the appeal fails due to sufficient explanation of the delay.

OMONDI MBAGO V NATION MEDIA GROUP LIMITED [DAILY NATION NEWSPAPERS] & ANOTHER [2008] KEHC 2805 (KLR)

✦ The defendants/applicants' application is dismissed with costs

Esposito Franco v Amason Kingi Jeffah & 2 others [2008] KEHC 3898 (KLR)

KARANJA KARENJU V ATTORNEY GENERAL & ANOTHER [2008] KEHC 3104 (KLR)

✦ The court finds that the plaintiff's application is not res judicata and sets aside the consent order dated February 22, 2001, and stays the taxation pending the hearing of the application.

SAMUEL OTINGA OMAGWA V PETER NDUNG’U & 3 OTHERS [2008] KEHC 3185 (KLR)

✦ The application by the defendant dated 26th June 2006 and filed on 27th June 2006 is hereby dismissed on points of technicality.

SHABAHA INVESTMENTS LIMITED V DHANJAL INVESTMENTS LIMITED [2008] KEHC 3880 (KLR)

✦ The court dismissed the defendant's application

KING PRIME INTERNATIONAL LTD & ANOTHER v MUMBO AUCTION SERVICES & ANOTHER [2008] KEHC 3878 (KLR)

✦ The court grants an order for stay of execution pending appeal and issues a temporary injunction restraining the respondents from selling or disposing of the appellants' property attached on or about 6th June, 2007 pending the hearing and determination of the appeal.

JOHN JOSEPH MUKOMA V MICHAEL KARANJA KIBITI AND ANOTHER [2008] KEHC 3228 (KLR)

✦ The plaintiff's application for the tea transfer form is dismissed, and the defendants' application to set aside the exparte order is allowed. The court orders the matter to be reopened for the defendants to be heard on their case.

ABDULHALIM MOHAMED SHALLO & ANOTHER v PANDYA MEMORIAL SOCIETY t/a PANDYA HOSPITAL [2008] KEHC 3514 (KLR)

✦ Leave is granted to amend the defence and counterclaim, and the application for transfer of the case is dismissed.

RISING SUNKENYA (EPZ) LIMITED V SUPER FIRST FORWARDERS LIMITED [2008] KEHC 3260 (KLR)

✦ Justice allows the application and orders a joint trial.

PATRICK J.O. OTIENO T/A OTIENO YOGO & COMPANY ADVOCATES V CO-OPERATIVE BANK (K) LTD [2008] KEHC 2661 (KLR)

✦ The application is struck out with costs as the notice of change of advocate was not filed in accordance with the rules and the application was not made by notice of motion.

ESPOSITO FRANCO v AMASON KINGI JEFFAH & 2 others [2008] KEHC 2973 (KLR)

✦ The court lacks jurisdiction to extend time to pay security for costs under the National Assembly and Presidential Elections Act (Cap 7) Laws of Kenya.

PETER MUIRURI KAMAU V LEE MBURU BONO [2008] KEHC 2612 (KLR)

✦ The respondent will only have a 30-day stay of execution granted by this Court, and the appellant will have costs of the application.

BAREY ALI HABASHOW v GODFREY GICHUHI (Civil Case 591 of 1992) [2008] KEHC 3193 (KLR) (24 April 2008) (Ruling)

✦ The application for dismissal of the suit for want of prosecution is allowed with costs to the defendant.

Amrital Bhagwanji Shah v Standard Limited & another [2008] KEHC 3638 (KLR)

✦ The Plaintiff's defamation claim is upheld, and the court awards him Kshs.6,000,000 in general damages and Kshs.1,000,000 in exemplary damages.

AMRITAL BHAGWANJI SHAH V STANDARD LIMITED & ANOTHER [2008] KEHC 2831 (KLR)

✦ The Plaintiff is awarded the sum of Kshs.6,000,000/= general damages plus Kshs.1,000,000/= exemplary damages.

Gichovi Ruriri v Grace Wangui Ruriri [2008] KEHC 2577 (KLR)

✦ The appeal is dismissed. The Appellant must comply with the Judgment in the lower court. The Appellant shall pay costs of this appeal and in the subordinate court.

KASMIL ONDIEKI V CLERK KISII MUNICIPAL COUNCIL & ANOTHER [2008] KEHC 3149 (KLR)

✦ The plaintiff's application is granted, and an entry will be made on the record that the cause of action continues against the surviving defendant.

PETER NJOROGE NJUGUNA v REPUBLIC [2008] KEHC 2629 (KLR)

✦ The application will not succeed.

MWANGI KIRIGWI v KENYA TEA DEVELOPMENT AGENCY LIMITED & 2 others [2008] KEHC 2668 (KLR)

✦ The court upholds the preliminary objection and strikes out the petition, finding that the petitioner has not fulfilled the mandatory requirements of section 74 of Cap 486.

ANTONY ITOGU MUMBI v REPUBLIC [2008] KEHC 3510 (KLR)

✦ The conviction is quashed and the sentence is set aside. The appellant is set at liberty.

KILIFI TOWN COUNCIL v WILSON BAYA NYUNDO [2008] KEHC 2824 (KLR)

✦ The appeal is dismissed with costs to the applicant.

DANIEL KAGONGANGA v WILSON MUTHIKE GITHINJI & another [2008] KEHC 2318 (KLR)

✦ The court finds the first respondent liable in negligence and sets aside the dismissal of the appellant's case

REPUBLIC V ATTORNEY GENERAL & 10 OTHERS EX-PARTE DONALD KIGARI & 11 OTHERS [2008] KEHC 2775 (KLR)

✦ Leave to file Judicial Review proceedings is granted, but stay orders are declined.