Kenyan case law

ALIKI PRINTERS & STATIONERS LIMITED v DANSON MBUGUA NJUGUNA [2007] KEHC 2504 (KLR)

✦ The application for an injunction is dismissed with costs to the Defendant.

DOUBLE FOUR SERVICES LIMITED v EAST AFRICAN BUILDING SOCIETY [2007] KEHC 3079 (KLR)

✦ The suit is fixed for hearing on 12th and 13th June, 2007 at 9 a.m.

In Re Estate of Stanley Maore Mugwika (Deceased) [2007] KEHC 1955 (KLR)

PETER ANYANG’ NYONG’O &10; OTHERS v ATORNEY GENERAL & ANOTHER [2007] KEHC 3682 (KLR)

✦ The Municipal Court does not have jurisdiction over the Treaty and its amendments.

CHRISTOPHER KAGEMEA GICHUHI v LIVINGSTONE K. GITOME [2007] KEHC 765 (KLR)

✦ The Plaintiff's suit is struck out with costs to the Defendant

RASHID ODHIAMBO ALOGGOH & 245 OTHERS v HACO INDUSTRIES LIMITED [2007] KEHC 3147 (KLR)

✦ The Court finds that the Respondent did not infringe the Applicants' freedom of association, as the issuance of letters of appointments is not a requirement for joining a trade union. The Court also finds that the Respondent did not subject the Applicants to inhuman treatment or slavery/servitude.

In Re WM ( A Baby) eKLR [2007] KEHC 3618 (KLR)

✦ The court authorizes DJM and CAM to adopt Baby WM, who will be known as JBM from this date henceforth.

RASHID ODHIAMBO ALOGGOH & 245 OTHERS v HACO INDUSTRIES LIMITED [2007] KEHC 284 (KLR)

✦ The Court finds that the Respondent did not infringe the Applicants' freedom of association, as the issuance of letters of appointments is not a requirement for joining a trade union. The Court also finds that the Respondent did not subject the Applicants to inhuman treatment or slavery/servitude.

PORTIA MUTEMA ROBINSON v SENIOR RESIDENT MAGISTRATE CHILDREN’S COURT, NAIROBI [2007] KEHC 3366 (KLR)

✦ The Petition is incompetent, fatally defective, and struck out with each party bearing their own costs.

PETER MAINA MUTHONDEKI v REPUBLIC [2007] KEHC 3185 (KLR)

✦ The court finds that the appeal does not present an overwhelming probability of success and denies the appellant's request for bail pending appeal.

ALLTEX EPZ LIMITED v KATE FREIGHT AND TRAVEL LIMITED [2007] KEHC 2532 (KLR)

✦ The application has no merit and is dismissed with costs to the Plaintiff/Respondent.

REPUBLIC v TOWN CLERK, KISUMU MUNICIPALITY Ex-parte EAST AFRICAN ENGINEERING CONSULSTANTS [2007] KEHC 147 (KLR)

✦ The court ruled that the order nisi issued by the High Court of Kenya at Nairobi against the Cooperative Bank of Kenya Kisumu on an application by the City Council of Kisumu cannot be enforced.

CYRUS KARIUKI WAITHAKA v HEZRON K. WAITHAKA [2007] KEHC 3650 (KLR)

✦ The application is allowed with costs plus interest at court rate.

ALPHA KNITS LIMITED v KENINDIA ASSURANCE COMPANY LTD & ANOTHER [2007] KEHC 3140 (KLR)

✦ Grant leave to amend the third party's defence, subject to the defendant having leave to amend its pleading within 15 days.

LESHON LEKAKIO & ANOTHER v REPUBLIC [2007] KEHC 1693 (KLR)

✦ Appeals dismissed; conviction and death sentence for robbery confirmed; defilement conviction upheld but sentence reduced to death.

African Diatomite Industries Limited v Christopher Osinamongo Otwane (Suing as the Legal Representative of the Estate of Hillary Omella Otwane) [2007] KEHC 1353 (KLR)

✦ The appeal is partly successful, with the loss of dependency award set aside and substituted with a sum of Kshs. 482,216.

ALEXANDER NJERU KAGUA v ALEXANDER NJERU KAGUA [2007] KEHC 3156 (KLR)

✦ The court grants a temporary injunction restraining the respondent from damaging trees or crops on the estate, and annuls the previous grant in favour of the deceased's widow.

EAST AFRICAN ENGINEERING CONSULTANTS v MUNICIPAL COUNCIL OF KISUMU & ANOTHER [2007] KEHC 3256 (KLR)

✦ The court dismissed the application and set aside the order nisi issued against the Cooperative Bank of Kenya Kisumu.

Emily Nduta Kiregi v Monica Muthoni Kanyora [2007] KEHC 1354 (KLR)

✦ The appeal is allowed, the judgment of the trial court is set aside, and the suit is dismissed.

ALEXANDER NJERU KAGUA v STEPHEN MUGAMBI NJERU [2007] KEHC 914 (KLR)

✦ The court grants a temporary injunction restraining the respondent from damaging trees or crops on the estate, but annuls the previous grant and issues a new one in favor of the applicant and the respondent.

ALICE KAGURE KINGORI v REPUBLIC [2007] KEHC 3203 (KLR)

✦ The conviction is quashed and the sentence set aside due to the unqualified prosecution and the failure to produce the weapon.

ALICE KAGURE KINGORI v REPUBLIC [2007] KEHC 1287 (KLR)

✦ The conviction is quashed and the sentence set aside due to the unqualified prosecution and the failure to produce the weapon.

Daniel Cheruiyot Chepsiet v Cheruiyot Cheboiwo [2007] KEHC 1320 (KLR)

ARTHUR NJENGA & 3 OTHERS v SHANSON M. GAITHO & 2 OTHERS [2007] KEHC 3078 (KLR)

✦ The Court grants the Plaintiffs' application for interim and mandatory injunctions to prevent the ordination of the 3rd Defendant as a Bishop of Eldoret Diocese.

ALEXANDER NJERU KAGUA v STEPHEN MUGAMBI NJERU [2007] KEHC 3152 (KLR)

✦ The court grants a temporary injunction restraining the respondent from damaging trees or crops on the estate, and annuls the previous grant in favour of the deceased's widow.