Kenyan case law
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Stanley Kabira Mwithimbu v Julius Mworia [2008] KEHC 3607 (KLR)
✦ The court below erred by holding that it had jurisdiction to determine a dispute arising from a controlled tenancy. The appeal is allowed, the judgment appealed against is set aside with costs to the respondent.
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APOLLO INSURANCE CO. LTD v THABITI INSURANCE BROKERS LTD & ANOTHER [2008] KEHC 3507 (KLR)
✦ The Plaintiff Apollo Insurance Co. Ltd is entitled to the sum of Ksh.7,806,485.50 and interest thereon at the rate of 21⁄2 per month from 1.01.2002 until payment in full.
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ASHISH MAGON & ANOTHER v HATARI SECURITY LIMITED [2008] KEHC 3503 (KLR)
✦ The defendant and its agents are restrained against barring the 1st plaintiff's entry into the property known as Muguga Green LR. No. 1870/111/420 pending the hearing and determination of the suit.
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DAVID KINYANJUI KARINGACHA & 2 OTHERS V YUSUF IBRAHIM ISMALL & ANOTHER [2008] KEHC 2562 (KLR)
✦ The court finds that the plaintiffs are the urgentiful owners of the land and issues a declaration to that effect.
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MILICONS LIMITED v RAJIV SHAH T/A KENYA MOTOR SPORTS CLUB [2008] KEHC 3508 (KLR)
✦ Leave is granted to the Plaintiff to file a Reply to Defence as per the annexed draft, with the condition that it be filed and served within 10 days of the date of this ruling.
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MOI UNIVERSITY V MARIAKANI AUTO PARTS LTD (Miscellaneous Civil Application 108 of 2006) [2008] KEHC 2671 (KLR) (17 April 2008) (Ruling)
✦ The court denies the application, finding the Eldoret CMCC has jurisdiction and the convenience of the parties and witnesses is not a valid reason for transfer.
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JACKSON KAMAU V NELSON C. KARUMA [2008] KEHC 3303 (KLR)
✦ The court grants an injunction to restrain the defendant from evicting the plaintiff from the land and allows the plaintiff to enjoy the land pending the outcome of the matter.
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AMON MUTHAMIA MBUI IGWETA V STEVE KIONI KINYA [2008] KEHC 2591 (KLR)
✦ The court held that the plaintiff has proved his property was transferred illegally by fraud to the defendant and ordered the property to revert to the plaintiff.
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AGRINER DEVELOPMENT LIMITED v W. K. MARTIN & OTHERS [2008] KEHC 3428 (KLR)
✦ The court found in favor of the plaintiff, issuing a declaration that the lease was not determinable at the option of the defendant and that the plaintiff was entitled to occupy the leased premises on a continuous basis.
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M.A.E.B v S.K.M (Divorce Cause 13 of 2007) [2008] KEHC 2977 (KLR) (17 April 2008) (Judgment)
✦ The court annuls the marriage due to lack of consummation and orders a decree absolute after six months upon application.
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REPUBLIC V ELDORET WATER AND SANITATION COMPANY LIMITED EX-PARTE BOOKER ONYANGO & 2 OTHERS [2008] KEHC 2959 (KLR)
✦ The Applicants are not entitled to orders of certiorari, prohibition, and mandamus as applied for.
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KASEE NGUKU V REPUBLIC [2008] KEHC 3221 (KLR)
✦ The conviction and sentence are quashed, and the appellant is released unless otherwise lawfully held.
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BUREAU VERITAS KENYA LTD V MOGAKA OBIERO [2008] KEHC 2712 (KLR)
✦ The application is dismissed with no order as to costs
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M’NG’ONDU ISAIAH PAUL V STANDARD CHARTERED BANK LTD & ANOTHER [2008] KEHC 3035 (KLR)
✦ The application is dismissed with costs to the defendant. The plaintiff has not come to equity with clean hands and has not done equity.
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In Re UMOJA SERVICE STATIONS LIMITED [2008] KEHC 2809 (KLR)
✦ Application for injunction is dismissed with costs
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JISAIDIE DEVELOPMENT NETWORK v KENYA RAILWAYS CORPORATION [2008] KEHC 3420 (KLR)
✦ The court dismissed the defendant's preliminary objection and allowed the plaintiff's suit to proceed.
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ANDREW CAURI NDUNGU V REPUBLIC [2008] KEHC 2895 (KLR)
✦ The appeal is dismissed. The conviction and sentence are upheld.
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Adan Gamo Osman v Republic [2008] KEHC 3946 (KLR)
✦ The Court of Appeal upheld the sentence imposed by the Resident Magistrate.
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NAWAZ NAZIR SUMRA V REPUBLIC [2008] KEHC 2978 (KLR)
✦ The conviction is set aside, and the appellant is acquitted of the charge. If the appellant had paid the fine, it should be refunded.
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JOSEPH MWANZI MUTUTA v REPUBLIC [2008] KEHC 2610 (KLR)
✦ The convictions are quashed and the sentences are set aside.
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DANIEL OUKO OMOKO v TABITHA NYABOKE OUKO & ANOTHER [2008] KEHC 2943 (KLR)
✦ The first and second houses shall remain at Kebirichi and be divided into fourteen units, with each beneficiary getting one unit. The third, fourth, and fifth houses shall remain at Nyansiongo and be divided into twenty-three units, with each beneficiary getting one unit.
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REPUBLIC V COMMISSIONER FOR CO-OPERATIVE DEVELOPMENT & 9 OTHERS [2008] KEHC 3079 (KLR)
✦ The application is competent and the court can vacate an order of stay if it becomes oppressive to any party.
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BEATRICE KATHINI KIILU V BEATRICE NZEVE MUSOMBA & 6 OTHERS [2008] KEHC 1777 (KLR)
✦ The court granted the application to preserve the estate pending the hearing of the application for revocation and annulment of the grant of Letters of Administration.
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MAURICE ONYANGO KIRAH V REPUBLIC [2008] KEHC 3222 (KLR)
✦ The court dismissed the appeal, finding that the appellant was in possession of stolen property and had no explanation for it, leading to a presumption that he was either the thief or a receiver.
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KILLION G. V. OUDU v KENYA PORTS AUTHORITY [2008] KEHC 3162 (KLR)
✦ The court has no jurisdiction to extend the time prescribed for commencing action under the Kenya Ports Authority Act and the applicant's Originating Summons cannot succeed.