High Court of Kenya judgments

RMN v FWN [2007] KEHC 3178 (KLR)

✦ Marriage dissolved

[2007] KEHC 3178 (KLR) High Court of Kenya 2 March 2007

AMOS KANYURU KINANI v HOUSING FINANCE COMPANY LIMITED & ANOTHER [2007] KEHC 3232 (KLR)

✦ The plaintiff is not entitled to injunctive relief

[2007] KEHC 3232 (KLR) High Court of Kenya 2 March 2007

M’RUTERE M’MWIRICHIA v LUKA KIMATHI PETER [2007] KEHC 323 (KLR)

✦ The application is dismissed with costs as the applicant has failed to demonstrate how the inhibition order was cancelled.

[2007] KEHC 323 (KLR) High Court of Kenya 2 March 2007

REPUBLIC v GERALD MUTHEE & 3 OTHERS Exparte KITHAKA KIRAGACHA [2007] KEHC 2042 (KLR)

✦ The preliminary objection must fail and the application is dismissed with costs.

[2007] KEHC 2042 (KLR) High Court of Kenya 2 March 2007

REPUBLIC v CHAIRMAN MERU NORTH DISTRICT L.D.T & ANOTHER EX-PARTE PETER NJIRU M’MAILUTHA [2007] KEHC 90 (KLR)

✦ The court finds the application for certiorari and prohibition is not in order.

[2007] KEHC 90 (KLR) High Court of Kenya 2 March 2007

STEPHEN B. NGUTHI v DEL MONTE (K) LTD [2007] KEHC 2377 (KLR)

✦ The Plaintiff's employment was terminated without just cause, and the Defendant is ordered to pay the Plaintiff severance pay and notice pay.

[2007] KEHC 2377 (KLR) High Court of Kenya 2 March 2007

SANGHANI INVESTMENT LIMITED v OFFICER IN CHARGE NAIROBI REMAND & ALLOCATION PRISON [2007] KEHC 2255 (KLR)

✦ The Notice of Motion is incompetent and fatally defective. The court has no jurisdiction to grant declarations that have been sought nor is the Application merited. Each party to bear its own costs.

[2007] KEHC 2255 (KLR) High Court of Kenya 2 March 2007

JULIUS GITUMA MBOROKI v MWENDA M’MUGWIKA [2007] KEHC 3212 (KLR)

✦ The court grants the stay of execution of the order of injunction issued on 5th September, 2006 pending the hearing of the appeal subject to the applicant securing the sum of Kshs.20,000/- or such security to the satisfaction of the Deputy Registrar within one month from the date of this order for the costs of the appeal.

[2007] KEHC 3212 (KLR) High Court of Kenya 2 March 2007

ERASTUS K. WAMEYA & 4 OTHERS v JOTHAM WABOMBA & ANOTHER [2007] KEHC 1843 (KLR)

✦ The consent judgment and order are set aside.

[2007] KEHC 1843 (KLR) High Court of Kenya 2 March 2007

ADEL MOHAMED ABDULKADER AL-DAHAS v ATTORNEY GENERAL & 3 OTHERS [2007] KEHC 3762 (KLR)

✦ The continued detention of the applicant is unconstitutional as it violates Section 70(a) of the Constitution.

[2007] KEHC 3762 (KLR) High Court of Kenya 1 March 2007

C.D.M v N.P.M [2007] KEHC 3100 (KLR)

✦ The marriage is dissolved, and the petitioner and respondent have joint custody of the children. The respondent is ordered to pay 50% of the children's expenses.

[2007] KEHC 3100 (KLR) High Court of Kenya 1 March 2007

DIONISIO NJERU v REPUBLIC [2007] KEHC 1635 (KLR)

✦ The appeal has no merit and the conviction and sentence are hereby upheld.

[2007] KEHC 1635 (KLR) High Court of Kenya 1 March 2007

JOSEPH CHESANG CHEPKWONY v ELIZABETH CHEPKOECH SALAT [2007] KEHC 2104 (KLR)

✦ The court finds that Shs.320,000 was appropriated by the respondent and shall be apportioned to her share and deemed to be an advance from the estate.

[2007] KEHC 2104 (KLR) High Court of Kenya 1 March 2007

HARUN MURIITHI NGUNGI v REPUBLIC [2007] KEHC 1053 (KLR)

✦ The sentence of imprisonment is set aside and substituted with an unconditional discharge.

[2007] KEHC 1053 (KLR) High Court of Kenya 1 March 2007

ABDI ALI NUR v TRANSAMI (KENYA) LTD & ANOTHER [2007] KEHC 3150 (KLR)

✦ The application for security for costs and stay of the suit is dismissed.

[2007] KEHC 3150 (KLR) High Court of Kenya 1 March 2007

MASTER CONVEYORS LTD v KENYA COMMERCIAL BANK LTD & 2 OTHERS [2007] KEHC 3045 (KLR)

✦ The court dismissed the plaintiff's claim.

[2007] KEHC 3045 (KLR) High Court of Kenya 1 March 2007

ADEL MOHAMED ABDULKADER AL-DAHAS v ATTORNEY GENERAL & 2 OTHERS [2007] KEHC 3710 (KLR)

✦ The continued detention of the applicant is unconstitutional as it violates Section 70(a) of the Constitution.

[2007] KEHC 3710 (KLR) High Court of Kenya 1 March 2007

REPUBLIC v KENYA RAILWAYS CORPORATION EXPARTE:JAMES GLENN RUSSEL LIMITED [2007] KEHC 3270 (KLR)

✦ The Application dated and filed on 20th July, 2006 is therefore dismissed with costs.

[2007] KEHC 3270 (KLR) High Court of Kenya 1 March 2007

PATRICK MBAKA LITOLI v REPUBLIC [2007] KEHC 3186 (KLR)

✦ The sentences shall run concurrently

[2007] KEHC 3186 (KLR) High Court of Kenya 28 February 2007

REPUBLIC v MSAMBWENI LAND DISPUTE TRIBUNAL & 4 OTHERS Exparte FRANCA ALIERI SOGNO [2007] KEHC 3026 (KLR)

✦ The application is allowed with costs to the ex parte applicant to be paid by the interested parties

[2007] KEHC 3026 (KLR) High Court of Kenya 28 February 2007

KANTAFU COMPANY LIMITED v JULIETA WANJIKU MUIRURI [2007] KEHC 2853 (KLR)

✦ The application is incompetently before the court and is struck out with costs to the respondent.

[2007] KEHC 2853 (KLR) High Court of Kenya 28 February 2007

EMILIO MURIITHI v REPUBLIC [2007] KEHC 1076 (KLR)

✦ The appeal on count 2 is allowed. The appellant is convicted on count 2 (rape) and sentenced to seven (7) years imprisonment with hard labour. The conviction on count 3 (indecent assault) is upheld.

[2007] KEHC 1076 (KLR) High Court of Kenya 28 February 2007

REPUBLIC v MSAMBWENI LAND DISPUTE TRIBUNAL & 2 OTHERS Ex-parte FRANCA ALIERI SOGNO [2007] KEHC 89 (KLR)