Kenyan case law

DANIEL KINYUA v O.C.S. TIGANIA POLICE STATION & another [2009] KEHC 3499 (KLR)

✦ The application is dismissed with costs due to procedural defects and premature filing.

JAMES MACHARIA GACHUGU V JOSEPH KARANJA GITAU [2009] KEHC 2772 (KLR)

✦ The Plaintiff's application fails and is dismissed with no order as to costs.

REPUBLIC V CITY COUNCIL OF NAIROBI eX-PARTE CITY COUNCIL OF NAIROBI [2009] KEHC 827 (KLR)

✦ The court grants leave to file judicial review proceedings for prohibition and orders a stay until July 15, 2009.

ERICK MOSE alias JONES ABERE ONSONGO V REPUBLIC (Criminal Appeal 96 of 2007) [2009] KEHC 2364 (KLR) (11 June 2009) (Judgment)

✦ The appeal is dismissed in its entirety.

ESTHER MUTAI & 2 others v HENRY KIPTERER ROTICH [2009] KEHC 1847 (KLR)

REPUBLIC V STEPHEN MAGARA ONDUSO & ANOTHER [2009] KEHC 3121 (KLR)

✦ There is insufficient evidence to sustain a conviction on charges of murder against the accused. Consequently, the accused are acquitted and set at liberty.

ALOISIO NJERU KAIMETI & 3 others v REPUBLIC [2009] KEHC 2972 (KLR)

✦ The appeal is allowed, and the appellants are ordered to be set at liberty.

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.

CHRISTOPER MBOGO RICHARD V REPUBLIC [2009] KEHC 2935 (KLR)

✦ The appeal is dismissed, conviction and sentence upheld

MARATHON (K) LIMITED v PAUL OBAGA MINYANDA [2009] KEHC 3546 (KLR)

✦ The court finds that both the notice of motion and the memorandum of appeal were filed on 10th March, 2009.

MERU CENTRAL FARMERS CO-OP. UNION LTD V JUSTUS MURIUKI ANDREW [2009] KEHC 2761 (KLR)

✦ The application for stay of execution of the decree is granted, and the appeal is allowed to be filed out of time.

MOSES KIRIMA v GLOBAL BUSINESS CO. LTD & 3 others [2009] KEHC 3569 (KLR)

✦ The court dismissed the application for temporary injunction as the applicant did not have a prima facie case.

DUNCAN KAGWI AMOS V REPUBLIC [2009] KEHC 2945 (KLR)

✦ 1st appellant's conviction is quashed and sentence set aside. 2nd appellant's conviction and sentence are confirmed.

REPUBLIC v SENIOR RESIDENT MAGISTRATE NYANDO & 2 others Ex-parte ENOCK OBENGO [2009] KEHC 3152 (KLR)

✦ The application is defective due to a procedural defect in the verifying affidavit and supporting affidavit, and is therefore struck out and dismissed with costs to the interested parties.

CONSOLIDATED BANK OF KENYA LTD & another v KATHERINE K. MBITI & another [2009] KEHC 3189 (KLR)

✦ The caveats against the suit property are ordered removed, and the 2nd defendant is ordered to register the transfer by chargee.

CHARLES MUTETHIA MUTEA & another v IBRAHIM MUTURA [2009] KEHC 3511 (KLR)

✦ Execution of the decree is stayed pending the determination of the appeal, subject to the applicants depositing Kshs. 250,000 in an interest-earning account in the joint names of their advocate and the respondent’s advocate within 30 days.

DAN MULINGA MBALUKA v REPUBLIC [2009] KEHC 1789 (KLR)

✦ The court grants anticipatory bail to the applicant until a formal charge is laid against him in a court of law.

CHARLES S. MBINDYO v BENJAMIN MUA KABALE [2009] KEHC 2560 (KLR)

✦ The court upheld the ruling of the Senior Resident Magistrate that the issue of whether the appellant was the owner of the motor vehicle Reg. No.KYN 732 or the driver at the time of the accident should be determined after hearing evidence at the trial.

EDWARD ODUMBE & ANOTHER V VIC FALLS RESTAURANT & ANOTHER [2009] KEHC 3038 (KLR)

✦ The court cannot grant the interlocutory injunction sought by the plaintiffs due to the paucity of information regarding the actual financial input by the plaintiffs into the partnership. However, the court will invoke its inherent jurisdiction to do justice to the parties. The plaintiffs and the 2nd defendant are directed to appoint an arbitrator to determine what is due to each partner in the partnership that now appears to have been dissolved by the incorporation of the 1st defendant.

REPUBLIC V MATIPEI KOSHOI PARKO [2009] KEHC 2988 (KLR)

✦ The court finds that the prosecution has established a prima facie case against the accused and requires him to be put on his defense.

BENARD WANJALA NAMUNWA VGEOFREY KIVEU JARED & ANOTHER [2009] KEHC 2435 (KLR)

✦ The application is dismissed due to the Applicant's delay in pursuing his rights and financial challenges.

MICHAEL GEORGE KASIA KWALI v PENINAH MUSANGI MULWA [2009] KEHC 2600 (KLR)

✦ The court declines to grant the orders sought and makes no order as to costs.

JULIUS MUTHAURA MAGIRI v BEATRICE NCERI KINOTI [2009] KEHC 3638 (KLR)

✦ The application for stay of execution is allowed

ELECTRICAL AND GENERAL APPLIANCES LTD v FILMICO AGENCIES LIMITED [2009] KEHC 3380 (KLR)

✦ The applicant failed to establish that it will suffer substantial loss if the order for stay of execution is not granted, and the motion is dismissed.

REPUBLIC v HENRY NJUE ALBERT [2009] KEHC 3338 (KLR)

✦ The accused is placed onto his defence.