Kenyan case law

OSCAR WALTER AGANYA V REPUBLIC [2008] KEHC 2887 (KLR)

✦ The appeal is allowed, conviction and sentence are quashed, and the appellant is ordered to be released if in custody.

OMAR BULLE OMAR V REPUBLIC [2008] KEHC 3032 (KLR)

✦ The appeal is dismissed both on sentence and conviction.

EASTERN PRODUCE (K) LIMITED v JOSEPH WAFULA MWANJE [2008] KEHC 2989 (KLR)

✦ The Court of Appeal dismissed the appeal and upheld the decision of the trial court regarding liability.

NYAMOGO & NYAMOGO ADVOCATES V JOSEPH MBOI MWANGI [2008] KEHC 2774 (KLR)

✦ The court finds that the prayers sought by the client for stay of execution cannot be granted and dismisses the client's applications with costs.

Peter Kariuki v Republic [2008] KEHC 3955 (KLR)

✦ The appeal is dismissed

MILLITONIC KIMANZI MWENDWA v REPUBLIC [2008] KEHC 3082 (KLR)

✦ The application for consolidation is dismissed. The bail application is also dismissed.

JEREMIAH NGUGI GAKUNJU & ANOTHER v REPUBLIC [2008] KEHC 3366 (KLR)

✦ The appeal is dismissed. The trial magistrate's judgment is confirmed.

JAMES MURIUKI KARANJA V REPUBLIC (Criminal Appeal 95 of 2007) [2008] KEHC 2917 (KLR) (Crim) (16 April 2008) (Judgment)

✦ The conviction is quashed and sentence set aside due to procedural irregularities and lack of favorable conditions for identification.

MWENGA KAWALO V FRANCIS NGINDU MBUU [2008] KEHC 3276 (KLR)

✦ The application is dismissed in its entirety with no order as to costs

MAGERAZA STAFF CO-OPERATIVE SAVINGS & CREDIT SOCIETY V CO-OPERATIVE BANK OF KENYA LIMITED [2008] KEHC 3421 (KLR)

✦ The court will allow the plaintiff to proceed with the case as the plaintiff's explanation falls within the exception for exceptional circumstances.

JOSEPH WAMUKOYA ORACH v PETER OCHANJI WAMUKOYA [2008] KEHC 3559 (KLR)

✦ The applicant is granted an interlocutory injunction to restrain the respondent from interfering with the applicant's peaceful enjoyment and use of the suit property until the suit is heard and determined. A restriction or inhibition is also issued against the title to the suit property.

ORNATO ORAZIO v BERNARD BAYA MWARO [2008] KEHC 2836 (KLR)

✦ Temporary injunction is discharged

GERALD P. OKECH ONYANGO v BARCLAYS BANK OF KENYA LIMITED [2008] KEHC 2946 (KLR)

In Re THE ESTATE OF KIMANI WAYNORO – DECEASED [2008] KEHC 3283 (KLR)

✦ The court ordered the distribution of the estate properties among the two main applicants and Naomi, with specific shares allocated to each property and a provision for Naomi's share to be reduced if she fails to provide the shares to the other two houses.

ALKA REHMAT ALI v LINTON PLAZA LTD & another [2008] KEHC 2862 (KLR)

✦ The chamber summons application is allowed, and the suit is struck out.

DANIEL MWANGI WAMBOI V REPUBLIC [2008] KEHC 3452 (KLR)

✦ The appeal is dismissed, and the conviction and sentences are upheld, with the sentences for the second and third counts remaining in abeyance.

DANIEL MUTUSE WAITA v JUSTUS KITILI MUSOMBA [2008] KEHC 2601 (KLR)

✦ Waita Musomba is allowed to produce the document dated 7/12/1990.

DAKIANGA DISTRIBUTORS CO. LTD v REBECCA MORAA ISOE [2008] KEHC 3302 (KLR)

✦ The court grants the appellant's application for enlargement of time to lodge an appeal.

DIOCESS OF KITUI (C/O KALILI) V TITUS KITEMU MUNYWOKI (C/O M. MAITHYA) [2008] KEHC 2608 (KLR)

✦ The court sets aside the ruling and order of the learned principal magistrate and remits the case back to the court below for further hearing and determination.

In Re Estate of Kamau Thuku (Deceased) [2008] KEHC 1878 (KLR)

✦ The application to revoke the probate of the will is dismissed

REGINA MUKAI KITULA V HEIWA AUTO LTD [2008] KEHC 2971 (KLR)

✦ The orders made by the Principal Magistrate are upheld, and the ex-parte judgment is set aside.

DENNIS NZIVO NGUMI V REPUBLIC [2008] KEHC 3223 (KLR)

✦ We quash the conviction and set aside the sentence, allowing the appeal.

BONIFACE OUNDO MALOBA & ANOTHER V MIWA HAULIERS LIMITED & ANOTHER [2008] KEHC 2693 (KLR)

✦ The case is transferred forthwith to the Chief Magistrate’s Court, Kakamega, for hearing and determination.

KENYA ANTI-CORRUPTION COMMISSION v STERODA INVESTMENTS LIMITED & another [2008] KEHC 2639 (KLR)

✦ The application for substituted service is granted, and the plaintiff is ordered to place an advertisement in the Nation Newspaper and the Standard Newspaper and to affix a copy of the summons on the court house notice board.

REPUBLIC v JAMES MWANZIA MUTISO [2008] KEHC 2932 (KLR)

✦ The court finds the accused not guilty of murder and acquits him