Kenyan case law

ABDULRAZAK ABDULREHMAN ADAM V ASLAM ABDULREHMAN ADAM & 3 OTHERS [2012] KEHC 2967 (KLR)

✦ The court dismisses the application to strike out the Plaintiff's suit and grants leave to amend the Plaint to set out necessary particulars of his claim.

ALEX MACHARIA GACHANJA V REPUBLIC [2012] KEHC 2970 (KLR)

✦ The appeal is dismissed. The appellant's rights under the constitution were not violated. The prosecution case was not weakened by the failure to call certain witnesses. The contradictions in the evidence were minor and of no consequence.

LEVIN KIMEU MULEI v JAMES MUSYOKA NYAMAI [2012] KEHC 2708 (KLR)

✦ The appeal is dismissed, and the respondent's costs are to be released.

MARRIANNE SHISIA HAMISI v KASSIMANI ATIBU HAMISI [2012] KEHC 3028 (KLR)

✦ The court confirms the grant of letters of administration and orders the distribution of the two parcels of land equally between the three beneficiaries.

ANTHONY NJOROGE IKAHU V ROSEMARY JANET WAMBUI [2012] KEHC 3079 (KLR)

✦ The Court granted a temporary restraining order to prevent the Defendant from disposing of the land pending the hearing.

NICHOLAS KAVOI MUNYOKI & ANOTHER V REPUBLIC [2012] KEHC 2737 (KLR)

✦ The convictions of the appellants were not safe. The convictions cannot stand. We allow the appeals, quash the convictions of both appellants on all counts and set aside the sentences.

GEORGE EFEDHA MADORA V ATTORNEY GENERAL [2012] KEHC 3034 (KLR)

PAN AFRICAN CREDIT & FINANCE LTD V NICHU NVEVSTMETNS LTD & 2 OTHERS [2012] KEHC 2694 (KLR)

✦ The court dismissed the application for recusal and granted the interim orders sought by the Defendant.

EMFIL LTD V REGISTRAR OF TITLES MOMBASA & 2 OTHERS [2012] KEHC 3035 (KLR)

✦ The court will visit the suit property to determine the position on the ground, including the development status of the property, the Applicant's possession, and any encroachment by squatters.

ELIZABETH WANJIRA EVANS V CITY COUNCIL OF NAIROBI (Environment & Land Case 602 of 2009) [2012] KEHC 2933 (KLR) (Environment and Land) (17 July 2012) (Ruling)

✦ The court orders that Christine Wangari Gachege be enjoined into the suit as a plaintiff.

REPUBLIC V MERCY NYAMBURA WANJIKU [2012] KEHC 2877 (KLR)

✦ The court sentences the accused to a probation period of two years under the supervision of District Probation and Children Officers.

PETER WANJOHI MACHARIA V GLADYS NJERI KARIUKI (Civil Appeal 71 of 2011) [2012] KEHC 2827 (KLR) (17 July 2012) (Judgment)

✦ The appeal is allowed, and the Rulings of the learned trial Magistrate are set aside. The letters of grant issued to the Appellant are revoked. The case is transferred to this Court for fresh letters of grant.

ELIUD NJOROGE GITHII & ANOTHER V REPUBLIC [2012] KEHC 2584 (KLR)

✦ The application is dismissed. The trial proceedings have been conducted meticulously and professionally.

DANIEL MWERI JEFWA & ANOTHER V REPUBLIC [2012] KEHC 2782 (KLR)

✦ The 1st accused is found guilty of murder, while the 2nd accused is acquitted.

JAMES MWANGI GACHUNGA V ATTORNEY GENERAL & ANOTHER [2012] KEHC 2884 (KLR)

✦ The notice of motion was incompetent and fatally defective, and it was struck out with costs to the respondent and interested party.

REPUBLIC v ATTORNEY GENERAL ON BEHALF OF THE MARAKWET DISRICT LAND DISPUTES TRIBUNAL, THE SENIOR RESIDENT MAGISTRATE’SCOURT AT ITEN, THE KEIYO /MARAKWET DISTRICT LAND REGISTRAR AND THE MARAKWET DISTRICT SURVEYOR & another Exparte KIPTANUI KIPKECH [2012] KEHC 3027 (KLR)

✦ An order of certiorari shall issue removing the proceedings and award of the Marakwet Land Disputes Tribunal Case No. 22 of 2009 and adopted by the Senior Resident Magistrate, Iten on 28th September, 2010 into this Court and the same are hereby quashed.

REPUBLIC v MINISTER FOR FINANCE & another Exparte J. N. WAFUBWA [2012] KEHC 2956 (KLR)

✦ The application is dismissed with no orders as to costs.

CALISTUS OUMA OMAYA V REPUBLIC [2012] KEHC 2985 (KLR)

✦ The Appellant was convicted on overwhelming evidence and the death penalty was set aside. The Appellant is sentenced to 20 years in jail.

REPUBLIC V PRINCIPAL MAGISTRATE, HON. SHADRACK A OKATO OF CHIEF MAGISTRATE COURT AT NAIROBI MILIMANI COMMERCIAL COURT EX-PARTE EQUITY BANK LIMITED & LUCY NDURURI [2012] KEHC 5465 (KLR)

✦ The judgment and mandatory injunctions are quashed, and the case is returned to the Chief Magistrate's Court for assessment of damages by a different magistrate.

DENNIS WASILWA WANJALA v REPUBLIC [2012] KEHC 3059 (KLR)

✦ The conviction is quashed and the sentence set aside. The Appellant is ordered to be set at liberty.

KENYA SHELL LIMITED V HUSSEIN DAIRY LIMITED [2012] KEHC 2943 (KLR)

✦ Defendant/Applicant is directed to make another lump sum payment of three million shillings (Shs. 3 m) in the next thirty (30) days and pay one million shillings (Shs. 1 m) at the end of each succeeding thirty (30) days. In the event of default, execution to issue.

MBOYA WANGONG’U & WAIYAKI ADVOCATES V HAMILTON HARRISON & MATHEWS [2012] KEHC 3070 (KLR)

✦ The court dismissed the Plaintiff's application for enforcement of the professional undertaking, finding that the conditions for its enforcement had not been met and that the Plaintiff's claims were not enforceable.

REPUBLIC V MINISTER FOR FINANCE & ANOTHER EXPARTE CAPT. J. N. WAFUBWA [2012] KEHC 2957 (KLR)

✦ The application is dismissed with no orders as to costs.

MASILA WAMBUA & ANOTHER V REPUBLIC [2012] KEHC 2679 (KLR)

✦ We quash the convictions on all counts and set aside the sentences. We order that the appellants be set at liberty unless otherwise lawfully held.

JACINTA WANZA MAKENZI V MUHATIA PALA AUCTIONEERS & 3 OTHERS [2012] KEHC 3004 (KLR)

✦ The Court grants the Plaintiff/Applicant's application for leave to appeal and orders that the appeal be filed within 30 days from the date of this ruling.