Kenyan case law

SAMUEL ODHIAMBO ODONGO v REPUBLIC (Criminal Case 18 of 2009) [2012] KEHC 2612 (KLR) (25 July 2012) (Ruling)

✦ The accused is sentenced to serve twenty-five (25) years custodial sentence

PETER MUCHERU v OL-KALOU LAND CONTROL BOARD & 2 others [2012] KEHC 2426 (KLR)

✦ Petition is dismissed as lacking merit

RUTH WANJIKU KAGIRI v RELIANCE BANK LIMITED (In Liquidation) & 2 others [2012] KEHC 2811 (KLR)

✦ The application is dismissed with costs, as the plaintiff failed to obtain leave before instituting the proceedings.

MARK ODHIAMBO OKOKO v REPUBLIC [2012] KEHC 2725 (KLR)

✦ Appellant is granted bail pending appeal with a bond of Kshs. 500,000 with one surety of similar amount or a cash bail of Kshs. 100,000/=

RENTON COMPANY LIMITED V PHILIP KISIA & 2 OTHERS [2012] KEHC 2808 (KLR)

✦ The court finds no merit in the application and dismisses it with costs to the defendants.

REPUBLIC V PUBLIC PROCUREMENT & ADMINISTRATIVE REVIEW BOARD EXPARTE MFI LEASING LIMITED [2012] KEHC 2761 (KLR)

✦ The court dismissed the application, finding that the Respondent acted within its legal authority and that granting the order of certiorari would have significant economic and logistical implications.

REPUBLIC V CHAIRMAN MACHAKOS DISTRICT LAND DISPUTES TRIBUNAL & ANOTHER EX PARTE JUDITH MWONGELI MAKAU [2012] KEHC 2608 (KLR)

✦ The Tribunal acted outside its jurisdiction and the application is allowed

FRANCIS MBUGUA MUKUNDI & 4 OTHERS V REPUBLIC [2012] KEHC 2801 (KLR)

✦ The High Court orders the release of the motor vehicle registration number KBD 413 D to the applicants to sell and distribute the proceeds equitably amongst themselves.

ALI ABDI HUSSEIN v PETER NJUGUNA [2012] KEHC 2738 (KLR)

✦ The judgment is set aside and liability is apportioned at 90:10% in favor of the plaintiff. The total damages awarded are reduced by shs. 63,000/-.

FM v HG (Civil Appeal 15 of 2008) [2012] KEHC 5405 (KLR) (25 July 2012) (Judgment)

✦ The court held that the mother should have custody of the child of tender years unless there are special circumstances to disqualify her.

JOSEPH RAJULA LUNANI V DONALD OYATSI [2012] KEHC 2648 (KLR)

✦ The application to set aside the consent orders is dismissed, and the parties are advised to agree on a way forward to resolve the dispute on its merits.

JOSEPH KIPROTICH YEGON v TABARNO CHEPKIYENG [2012] KEHC 2423 (KLR)

✦ The application is dismissed as premature and the parties should move to take directions on the Originating Summons.

JORAM MUNGAI KIBERENGE & 5 others v JENNIFER NJOKI & another [2012] KEHC 2567 (KLR)

✦ The application for stay of execution and injunction is dismissed.

ASWA DEVELOPERS AND CONTRACTORS LIMITED v COMPACT FREIGHT SYSTEMS LIMITED [2012] KEHC 2841 (KLR)

✦ The application is dismissed as lacking merit with costs to the Defendant.

GETRIO INSURANCE BROKERS LTD V MWALIMU NATIONAL CO-OPERATIVE SAVINGS & CREDIT SOCIETY LIMITED & ANOTHER [2012] KEHC 2846 (KLR)

MICHAEL MURIITH NJERU v EVANS ONZERE ENDUSA [2012] KEHC 2483 (KLR)

✦ The court dismisses the application with costs, finding no merit and that the plaintiff failed to establish a prima facie case.

RANDU NZAI RUWA & 2 others v INTERNAL SECURITY MINISTER & another [2012] KEHC 5466 (KLR)

✦ The petitioners' claim is dismissed as the proceedings were brought outside the 21-day limit provided in section 22(2) of the Prevention of Organized Crime Act (POCA). The court finds that the petitioners' right to institute proceedings to enforce the Bill of Rights is guaranteed by Article 22(1) of the Constitution.

EMELDA MUSUNDI OJWANG & ANOTHER V SARAFINA APONDI ODIPO & 2 OTHERS [2012] KEHC 2606 (KLR)

✦ The plaintiffs' application for interim reliefs is dismissed with costs as they have not established their legal possession of the suit property.

MURIKI M’IMARA v KOBIA M’KANAKE [2012] KEHC 2897 (KLR)

✦ The appeal is allowed, and the judgment and order of the trial court are set aside. The appellant is awarded costs.

REPUBLIC V CHIEF MAGISTRATE KISUMU & 2 OTHERS EX-PARTE CLIFF OBU & ANOTHER [2012] KEHC 2824 (KLR)

✦ The court granted the application and quashed the proceedings and decision of the Land Dispute Tribunal.

MANINAL JAMNANDAS RAMJI GOHIL v REPUBLIC [2012] KEHC 2888 (KLR)

✦ The application is dismissed. The prosecution in CM Cr. Case No. 2601 of 2009 is not unconstitutional and the applicant's allegations of abuse and discrimination by the police are not sufficient to bar the prosecution.

REPUBLIC v DAVID MOMANYI MATHEWS & another [2012] KEHC 2525 (KLR)

✦ The accused persons are found guilty of murder and are ordered to be sentenced by the court.

Joram Mungai Kiberenge & 5 others v Jennifer Njoki & another [2012] KEHC 10 (KLR)

✦ The application is dismissed with costs to the defendants

JANE NDUTA MAINA V MUTHONI (WA MONICA) [2012] KEHC 2885 (KLR)

✦ The application is struck out but with no order as to costs.

REPUBLIC v SUGAR ARBITRATION TRIBUNAL Exparte SOUTH NYANZA SUGAR COMPANY LTD [2012] KEHC 2864 (KLR)

✦ The ex-parte applications are dismissed with costs to the respondent