Kenyan case law

MOSES LUBAKWA V BIGOT FLOWERS (K) LTD [2012] KEHC 2475 (KLR)

✦ The appeal is dismissed for want of prosecution.

IN THE ESTATE OF JAMES THUITA KARIUKI – DECEASED [2012] KEHC 3047 (KLR)

✦ The minor's representative, Faith Njeri Muniu, is ordered to apply for the appointment of her share in accordance with Section 35(3). The widow, Maryanne Njoki 'B', is deemed to be entitled to an equal share with the rest of the children of the deceased and the widow holds her share in trust until she attains the age of 18 years.

IN THE MATTER OF BABY S W [2012] KEHC 3913 (KLR)

✦ The court grants the application for adoption and allows the Originating Summons dated 15th July 2011.

P N W v Republic [2012] KEHC 2919 (KLR)

✦ The appeal is dismissed. The sentence of twenty years imprisonment is upheld.

EMILY JEPKEMBOI KOGO V PATRICK KORIR [2012] KEHC 3069 (KLR)

✦ The court dismissed the application and affirmed the previous order, finding no error on the face of the record and no good reasons to warrant a review.

EMMA WANJIKU NDUNGU V FRANCIS NJOROGE KAMAU & 4 OTHERS [2012] KEHC 1412 (KLR)

✦ The court ordered the Respondents to be committed to civil jail for contempt of court.

Razor Investment Ltd v Murabaha Holding Ltd [2012] KEHC 2688 (KLR)

✦ The court granted orders 3 and 7 of the application, including an injunction and waiving the requirement for plaintiffs to include signed statements of witnesses. Orders 4 and 5 were declined as they require evidence to be adduced during the main suit hearing. Order 6 was not granted as the applicant did not show the need for police enforcement.

BENSON AWINO JURA V FOAM MATTRESS LIMITED [2012] KEHC 2745 (KLR)

✦ The appellant was found to be an employee of the respondent and owed a statutory duty of care. The appellant was found to have contributed to the accident and was awarded Kshs.450,000/= in damages.

DINAH JEPCHIENG CHEPYEGON & ANOTHER V KEVIN KIPTANUI KIMWATAN [2012] KEHC 3060 (KLR)

✦ The application to amend the Plaint is allowed. The application for injunctive orders is partially successful and partially unsuccessful.

John Robert McTouch v William Roman McTouch & 3 others [2012] KEHC 2724 (KLR)

✦ The court finds in favor of the plaintiff and orders the defendants to cease all actions related to the property.

JOHN MUTHUA KARIUKI & ANOTHER V RAHAB MUGURE NG'ANG'A & OTHERS [2012] KEHC 2822 (KLR)

✦ The grant of letters of administration is cancelled, and a new grant is made in the names of the petitioners and their daughters, with the land to be divided equally among the daughters.

REPUBLIC V LETEIYON LETORE [2012] KEHC 2464 (KLR)

✦ The accused is found guilty of murder

NGUGI GICHURE NJOROGE V LOISE GATHONI NGUGI & ANOTHER [2012] KEHC 2477 (KLR)

✦ The court grants an interim injunction pending the hearing of the suit, as the plaintiff has demonstrated a prima facie case of fraud and the sale of the land may result in irreparable harm.

Khalib Mohamed v Chairman Board of Gorvernors , Nairobi School [2012] KEHC 2927 (KLR)

✦ The school has no jurisdiction to preside over any disciplinary cases against the applicant as he has already left the school's jurisdiction.

MURUAKI FARMERS CO-OPERATIVE LIMITED V MWANGI NJOROGE MWANGI [2012] KEHC 3002 (KLR)

✦ Prayers 2 and 4 of the amended notice of motion are granted

MOSES NDAU MWARIMBO V REPUBLIC [2012] KEHC 3053 (KLR)

✦ The Appellant's conviction for defilement is upheld, and the 20-year sentence is confirmed.

ARWINGS KOYOSON V PAUL KAMAU KARIUKI & ANOTHER [2012] KEHC 3076 (KLR)

✦ The court denied the stay of execution pending appeal.

P.B.R.B V R.K.B [2012] KEHC 2807 (KLR)

✦ The marriage is irretrievably broken down and is dissolved.

JOSEPH ALUMASA OYASI V REPUBLIC [2012] KEHC 5381 (KLR)

✦ The conviction is quashed and the Appellant is set free

Fridah Muthoni Gachoya v Family Bnak Limited & 3 others [2012] KEHC 2917 (KLR)

REPUBLIC V DISTRICT LANDS REGISTRAR, KIAMBU & 2 OTHERS EXPARTE KARIUKI KINOTHE [2012] KEHC 2795 (KLR)

✦ The application is dismissed with no orders as the applicants have not demonstrated legal capacity to represent the registered owners and their late entry is not justified.

ANDREW SIMIYU v REPUBLIC [2012] KEHC 2581 (KLR)

✦ The appeal is dismissed as there was sufficient evidence to support the conviction and the appellant's defense of bad blood was not substantiated.

REPUBLIC V ATTORNEY GENERAL OF KENYA & ANOTHER EX-PARTE LEEBECA ENTERPRISES LIMITED [2012] KEHC 3067 (KLR)

✦ The court allows the Notice of Motion dated 1st July 2010, with no orders as to costs.

PETER KARURI WAWERU & ANOTHER V HANNAH MUGURE KARAGO [2012] KEHC 2422 (KLR)

✦ The court grants an order of stay of execution of the decree, subject to the applicant depositing Kshs.500,000/- in a joint account within 21 days as security, pending hearing of the appeal.

IN THE MATTER OF THE ESTATE OF SERAH NJERI GATHU (DECEACED) [2012] KEHC 1856 (KLR)

✦ The court held that Teresiah Nyambura, being a step-daughter, does not rank in priority above the objector's children and therefore the application for revocation of grant is granted.