Kenyan case law

PAN AFRICA PAPER MILLS (E.A.) LIMITED v AFRI PACKAGING & PRINTING LIMITED (Civil Case 2202 of 2000) [2001] KEHC 36 (KLR) (31 July 2001)

✦ The defendant was properly charged filing fees for the set-off and the application for a refund is dismissed

ANDREW AULE vs REPUBLIC [2001] KEHC 306 (KLR)

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

SAAMUEL AMOKE NYAKERIGA & 8 OTHERS vs THE UNITED NATIONS HIGH COMMISSION FOR REFUGEES & 6 OTHERS [2001] KEHC 108 (KLR)

✦ Leave to bring judicial review proceedings is granted

MUTHAIGA ROAD TRUST COMPANY LTD vs FIVE CONTINENTS STATIONERS LTD,DEEPAN SHAH & PANKAJ THAKER [2001] KEHC 169 (KLR)

✦ The ex parte judgment is set aside as there is a defence on the merits of the case raising triable issues.

DUNCAN OBARE OUKO vs REPUBLIC [2001] KEHC 310 (KLR)

✦ The appeals are dismissed as the evidence of PW.1 and PW.2 on the issue of the light corroborated each other, and the Appellants were properly identified.

BENEDICT MAKENZI MUTUILU vs REPUBLIC [2001] KEHC 353 (KLR)

✦ The appeal is dismissed save for the variation of the sentence as to end as far as it had been served.

REPUBLIC vs FRANKLINE GICHUNGE MANYARA & JUSTUS SAMUEL MUSEMBI [2001] KEHC 60 (KLR)

✦ The court found the evidence insufficient to prove the accused's guilt and acquitted them.

CHARLES KIMANI GATIGWA vs KENYA COMMERCIAL BANK,JO-MWAKA TRADERS (AUCTIONEERS) & DAVID KARITI MUNGAI [2001] KEHC 168 (KLR)

✦ The court finds the sale illegal and awards the Plaintiff K.shs. 575,000/= as general damages against the First and Second Defendants.

Philip Kilu Menze & 42 others v Cons Matata t/a Cons Matata & Co Advocates [2001] KEHC 852 (KLR)

✦ The preliminary objection is overruled. The originating summons is amended to express that it is in the matter of Cons Matata Advocate. The costs of the preliminary objection are costs in the originating summons.

JEREMIAH MAINA KAGEMA vs KENYA POWER & LIGHTING CO LTD [2001] KEHC 175 (KLR)

✦ The Plaintiff's suit is dismissed with costs to the Defendant.

COUNCILLOR DANIEL LATON & 19 OTHERS vs TRANSMARA COUNTY COUNCIL [2001] KEHC 755 (KLR)

✦ The court allows the application and sets aside the order of stay, finding that the stay has created uncertainty and anarchy in the management of Mara Triangle.

Samwel D N Okello v Republic [2001] KEHC 857 (KLR)

✦ The High Court grants the applicant's prayer and orders the Chief Magistrate to cease fixing mentions in the criminal proceedings.

AMIN LADAK ALIAS AMIN JAFFER GULAMHUSEIN vs ROTHMAN’S HOLDINGS LTD & NAUSHAD JUMA [2001] KEHC 718 (KLR)

✦ The Plaintiff will be granted a stay of execution for a period of 6 months, subject to depositing Kshs.40,000 per month in an interest-earning joint bank account.

Abiero v Thabiti Finance Company Ltd & another [2001] KEHC 817 (KLR)

✦ The plaintiff is awarded Kshs 3.5 million in general damages.

ALPHA KNITS LIMITED vs KENINDIA ASSURANCE COMPANY LIMITED [2001] KEHC 588 (KLR)

✦ The application is allowed, the defendant's defence is struck out, and judgment is entered in favor of the plaintiff for the unpaid balance of Shs.7,229,650/=

REPUBLIC vs MUSYOKA MAINGI NGULI [2001] KEHC 199 (KLR)

✦ The court held that the prosecution did not comply with section 301 of the CPC, as it did not provide the accused with a reasonable notice of the intention to adduce additional evidence and accompanying statements/exhibits.

CHARLES KAMUNYI vs REPUBLIC [2001] KEHC 218 (KLR)

✦ The application for bail pending appeal is consequently dismissed.

DR. H.W. WAWERU vs PETER NGWAYI OCHIENG [2001] KEHC 58 (KLR)

✦ The application is dismissed with costs.

Seventh Day Adventist Church (East Africa) Ltd v Electoral Commission of Kenya (2008) 2 KLR (EP) 433 [2001] KEHC 816 (KLR)

SAKIHOLDINGSLIMITED vs DIAMOND TRUST OF KENYA LTD [2001] KEHC 673 (KLR)

✦ The application is dismissed as the replying affidavit is inadmissible due to its jurat being on a separate page.

REPUBLIC vs DISMAS OMONDI AYOO [2001] KEHC 297 (KLR)

✦ We hold that the two witnesses were able to positively identify the accused, and the conviction is upheld.

MAKAU ADVOCATE vs THOMAS MUTINDA MBALASI [2001] KEHC 437 (KLR)

✦ The court is of the view that a bill of costs was served on the client, and he must have known the sum due and paid some of it. The orders prayed are not merited.

PETER WAMBI OMBUORO vs REPUBLIC [2001] KEHC 271 (KLR)

✦ The conviction and sentence are quashed, and the Appellant is set at liberty

OIBOO OLE KUDATE & ANOTHER vs NGETHE KARUGA [2001] KEHC 571 (KLR)

✦ The application is dismissed with no order for costs, as the applicant suffered dismissal of his case.

MATANO RASHID vs REPUBLIC [2001] KEHC 781 (KLR)

✦ The conviction and sentence are quashed, and the appellant is set at liberty