Kenyan case law

Francisco Kamou v Republic [1998] KEHC 312 (KLR)

✦ The court finds no merit in the appeal and dismisses it.

S.I.M v E.K.M [1998] KEHC 163 (KLR)

✦ The marriage is dissolved, and the petitioner is granted custody of the children with the mother having access twice a month.

SAMUEL KAMAU MUKONO v NAIROBI CITY COUNCIL [1998] KEHC 86 (KLR)

✦ The court dismissed the plaintiff's claim for damages for unlawful dismissal, awarding him unpaid salary, leave allowance, 3 months salary in lieu of notice, salary increments, and provident fund dues up to March 14, 1988, less normal statutory deductions.

SAMUEL KAMAU MACHARIA vs THE ELECTORAL COMMISSION OF KENYA & 3 OTHERS [1998] KEHC 162 (KLR)

✦ The petition was dismissed or struck out on the ground that the petition was served upon the fourth respondent outside the time provided by the National Assembly and Presidential Elections Act Cap.7 as amended by Act No. 10 of 1997.

SHABANA SUPERMARKET LTD vs GILAD - ALL FINANCE LTD & 3 OTHERS [1998] KEHC 180 (KLR)

✦ The application for review is dismissed with costs.

Gaji v Sheikh & 2 others (2008) 2 KLR (EP) 164 [1998] KEHC 305 (KLR)

SALEH MOHAMED JUMA SALEH MOHAMED v RAMLA RUBEIYA SAID & ANOTHER [1998] KEHC 81 (KLR)

✦ The court dismisses the application for an injunction and orders the plaintiff to pay costs.

HALL EQUITORIAL LTD vs OLYMIPC FRUIT PROCESSORS [1998] KEHC 126 (KLR)

✦ The application is granted, and the repayment of Kshs. 20,000 per month commences from the beginning of December 1998.

FREDRICK KIBARA NYAGA & Another v REPUBLIC [1998] KEHC 25 (KLR)

✦ The convictions and sentences are quashed, and the appellants are set at liberty.

Republic v County Council of Kwale & another ex parte Kondo & 57 others (1998) 1 KLR (E&L)

K.N v N.W.M [1998] KEHC 289 (KLR)

✦ The court finds no basis for interfering with the attendance of the children at school and orders the Respondent to pay school fees and maintenance.

FRANCIS IRUNGU WAMBUI vs REPUBLIC [1998] KEHC 172 (KLR)

✦ The conviction and sentence are dismissed as the evidence against the appellant was overwhelming and the trial court's finding was proper.

WYCLIFFE JUMA KHAEMBA v ALLAN KARANJA [1998] KEHC 93 (KLR)

✦ The defendant did not exercise the option to purchase, and the vehicle remains the property of the objector. The attachment was valid.

GILBERT NGANGA MBUGUA & 4 OTHERS v REPUBLIC [1998] KEHC 288 (KLR)

✦ The appeals are dismissed as the learned magistrate's verdict was correct.

Sialala v Tallam (Returning Officer for Kajiado North Constituency) & 2 others (2008) 2 KLR (EP) 126 [1998] KEHC 307 (KLR)

LALJI BHIMJI SANGHAM BUILDERS & CONTRACTORS vs NAIROBI CITY COUNCIL [1998] KEHC 285 (KLR)

✦ The defendant's defense is hereby struck out and judgment is entered for the plaintiff as prayed in the plaint.

WELLMA INSURANCE BROKERS LTD vs MUHORONI SUGAR CO. LTD [1998] KEHC 184 (KLR)

✦ Judgment is entered for the plaintiff against the defendant as prayed in the plaint plus costs of both the main suit and this application.

PAUL NDERITU WAMBUGU & 2 Others v REPUBLIC [1998] KEHC 20 (KLR)

✦ The appeals against counts 1, 2, and 3 are dismissed. The appeals against counts 5 are allowed.

JAMES KAMUNYE MWANGI vs REPUBLIC [1998] KEHC 149 (KLR)

✦ The appeal is allowed, the sentences for counts 1, 2, and 3 are set aside, and a 2-year probation period is substituted.

WAIRIMU GITHUA vs PETER MUGO NGANGA & ANOTHER [1998] KEHC 284 (KLR)

✦ The motor vehicle registration number KRZ 999 shall be released to the objector forthwith and unconditionally.

TRANS-NATIONAL FINANCE CO vs YABESH OMESA MOGALA [1998] KEHC 224 (KLR)

✦ The application to set aside the summary judgment is allowed, and the judgment is set aside.

ONESMUS MUSA SINGI v REPUBLIC [1998] KEHC 51 (KLR)

✦ The Appellant's use of force was justified but excessive. The sentence is set aside and substituted with a two-year effective sentence from the date of conviction.

JAMES NDERITU GACHAGUA t/a JAGAR CONSULTANTS vs KENYA PORTS AUTHORITY [1998] KEHC 213 (KLR)

✦ The plaintiff's suit is not statute barred and is properly before the court.

STEPHEN MAINA MUNGAI vs REPUBLIC [1998] KEHC 171 (KLR)

✦ The appeal against conviction is dismissed and the appeal against sentence fails.

WANJAHI GACHAU vs MARY WANJIRU & ANOTHER [1998] KEHC 252 (KLR)

✦ The court has jurisdiction to extend the time for serving the notice of appeal by 14 days from the date of the judgment.