Kenyan case law

OGUTU WARIUKI & CO. ADVOCATES v JOINT LIQUIDATORS-NDUMBERI FARMERS CO. LTD (IN LIQUIDATION) (? 223 of 1997) [2007] KEHC 3001 (KLR) (13 March 2007) (Ruling)

✦ The application is allowed in terms of Prayers 1 and 2 of the Notice of Motion dated 16th November 2006.

OGUTU WARIUKI & CO. ADVOCATES v JOINT LIQUIDATORS-NDUMBERI FARMERS CO. LTD (IN LIQUIDATION) (? 193 of 1997) [2007] KEHC 2085 (KLR) (13 March 2007) (Ruling)

✦ The application is allowed and the applicants are awarded the costs of this application.

OGUTU WARIUKI & CO. ADVOCATES v JOINT LIQUIDATORS-NDUMBERI FARMERS CO. LTD [2007] KEHC 549 (KLR)

✦ The application is allowed in terms of Prayers 1 and 2 of the Notice of Motion dated 16th November 1997.

OGUTU WARIUKI & CO. ADVOCATES v JOINT LIQUIDATORS-NDUMBERI FARMERS CO. LTD [2007] KEHC 595 (KLR)

✦ The application is allowed in terms of Prayers 1 and 2 of the Notice of Motion dated 16th November 2006.

BONIFACE MWAURA MWICHIGI v REPUBLIC [2007] KEHC 752 (KLR)

✦ The application is incompetent and is struck out.

BONIFACE MWAURA MWICHIGI v REPUBLIC [2007] KEHC 2825 (KLR)

✦ The application is incurably defective and incompetent and is struck out.

REPUBLIC v CHAIRMAN LAND DISPUTES TRIBUNAL UASIN GISHU DIVISION Exparte MONICA MALEL & ANOTHER [2007] KEHC 443 (KLR)

✦ The Court finds no merits in the Application and dismisses the Notice of Motion with costs to the Interested Party.

BANKING INSURANCE FINANCE UNION (K) v AGRICULTURAL FINANCE CORPORATION [2007] KEHC 2957 (KLR)

✦ The application is allowed, and the respondent corporation is ordered to comply with the procedural requirements as provided for under the statute and their collective agreement.

REPUBLIC v CHAIRMAN LAND DISPUTES TRIBUNAL UASIN GISHU DIVISION EX-PARTE MONICA MALEL & ANOTHER [2007] KEHC 3159 (KLR)

✦ The Court finds no merits in the Application and dismisses the Notice of Motion with costs to the Interested Party.

BENAIAH SISUNGO v TOM ALWAKA t/a WEEKLY CITIZEN & ANOTHER [2007] KEHC 927 (KLR)

✦ The court finds that the plaintiff was defamed by the defendants and is entitled to damages.

NIZAR HASSANALI KASSAM v ATTORNEY GENERAL & ANOTHER [2007] KEHC 881 (KLR)

✦ The court denied the application for anticipatory bail.

AMOS MUNGAI KARANJA v REPUBLIC [2007] KEHC 1692 (KLR)

✦ The appellant's conviction is quashed and he is acquitted of the charge of robbery with violence.

Joseph Macharia Nderitu v Joyce Nyawira Mathenge [2007] KEHC 1337 (KLR)

✦ The plaintiff is entitled to exclusive and uninterrupted peaceful possession of the land parcel. The defendant is ordered to remove the structures within 30 days.

Timsales Ltd v Stanley Njihia Macharia [2007] KEHC 3573 (KLR)

✦ The court reviews the order of summary rejection of the appeal and sets it aside, admitting the appeal for hearing before another judge.

In Re The Matter of the Estate of Geoffrey Mwaura Mutunguri (Deceased) [2007] KEHC 2045 (KLR)

✦ The estate will be distributed among the surviving spouses and children, with some beneficiaries holding plots in trust.

R E P U B L I C v HASHIM SAT Exparte KOMBA LIMITED [2007] KEHC 2081 (KLR)

✦ The court orders are not injunctive in nature and the court has jurisdiction to entertain the questioning of the propriety of orders made by Judges of concurrent jurisdiction.

KENYA BREWERIES LIMITED v PAULINE WAIRIMU NJUGUNA [2007] KEHC 3662 (KLR)

✦ the judge's final judgment is final and constitutional, and the only available avenue for challenge is an appeal to the Court of Appeal

OWINO OKEYO & COMPANY ADVOCATES v PELICAN ENGINEERING & CONSTRUCTION COMPANY LIMITED [2007] KEHC 3626 (KLR)

✦ The applicant is entitled to judgement for the amount certified to be due by the Deputy Registrar.

Agnes Mueni v Julius Mburu [2007] KEHC 1356 (KLR)

✦ The appeal is dismissed with costs to the respondent. The learned trial magistrate arrived at the correct decision having taken into consideration the evidence and material that was before her.

DOUGLAS NDUMIA MUNGA v ANN WANJIRU MUNGA [2007] KEHC 464 (KLR)

✦ The marriage is dissolved, and Decree Nisi is made absolute within 60 days.

DOUGLAS NDUMIA MUNGA v ANN WANJIRU MUNGA [2007] KEHC 3180 (KLR)

✦ The marriage is dissolved, and Decree Nisi is made absolute within 60 days.

Nabea C. Mbae v Kenya Commercial Bank & another [2007] KEHC 1323 (KLR)

✦ The court held that the termination of the contract of employment was lawful.

REPUBLIC v MINISTER FOR LANDS & SETTLEMENT & 2 Others [2007] KEHC 102 (KLR)

✦ The application is dismissed as the applicant's request for leave to judicial review is not timely and would disrupt the public interest.

HAKIZIMANA FELIX v KENYA POWER & LIGHTING CO. LTD [2007] KEHC 250 (KLR)

PETER MWENDWA KITHOME v TERESIA NJERI KINYARI [2007] KEHC 3031 (KLR)

✦ The preliminary objection is dismissed. The chamber summons application dated 19.01.07 is rightly before this court.