Kenyan case law

JOHN MUCHAI NGUGI vs MARGARET NGUGI & ANOTHER [1998] KEHC 275 (KLR)

✦ The application is hereby reinstated for parties to take hearing dates in the registry but the applicants shall pay the costs of this application.

WERROT & CO. LTD & 3 OTHERS vs ANDREW DOUGLAS GREGORY & 2 OTHERS [1998] KEHC 225 (KLR)

✦ The plaintiff's Notice of Objection to Taxation and Chamber Summons application were found to be procedurally incorrect.

R & K. INVESTMENT vs EVANSON GITAU [1998] KEHC 228 (KLR)

✦ The court finds that the defendant breached the lease and that the plaintiff has provided sufficient notice to terminate the lease

W.N. KIMANI T/A KENCITY AUCTIONEERS vs THE CHIEF CITY INSPECTORATES SUPERITENDENT & ANOTHERS [1998] KEHC 155 (KLR)

✦ Defendants are liable in damages to the plaintiff for unlawful trespass and wrongful seizure of goods.

FREDRICK KIIRU vs REPUBLIC OF KENYA [1998] KEHC 267 (KLR)

✦ The court orders that the applicant, Fredrick Kiiru, be taken to Kenyatta National Hospital for medical attention. The applicant should be examined to determine the seriousness of his illness and if the examining doctor forms an opinion that it is a suitable case for admission, the applicant should be admitted to the hospital for further treatment as necessary.

FLOSPHER KADALINDA & ANOTHER v REPUBLIC [1998] KEHC 22 (KLR)

✦ The appeals are allowed. The conviction and sentence of death are quashed. The 1st and 2nd Appellants are ordered to be set at liberty.

WILSON MAKHOSI vs REPUBLIC [1998] KEHC 156 (KLR)

✦ The appeal is allowed, conviction and sentence are quashed, and the appellant is set free

ZAKAYO MAKUMI vs MAINA GITHAIGA [1998] KEHC 135 (KLR)

✦ The application succeeds, and there shall be a stay as prayed until the appeal is heard and finalised. The applicant shall continue to pay rent to the respondent on the old terms.

Waticho v Ndau & another (2008) 2 KLR (EP) 178 [1998] KEHC 309 (KLR)

FELISTA WANJIRU NYINGI vs SAMUEL CHEGE GACHIE [1998] KEHC 120 (KLR)

✦ The application succeeds and the order is stayed

Flospher Kadalinda & another v Republic [1998] KEHC 84 (KLR)

✦ The appeals are allowed. The conviction and sentence of death are quashed. The 1st and 2nd Appellants are ordered to be set at liberty.

JOHN NJOROGE NJEHIA & 2 OTHERS vs REPUBLIC [1998] KEHC 151 (KLR)

✦ The convictions are quashed, sentences set aside, and the appellants are ordered to be set at liberty.

PETER M. MAILANY v MOHAMMED HASSAN MUSA & 2 OTHERS [1998] KEHC 102 (KLR)

✦ The court awards the Plaintiff damages for pain, suffering, and loss of amenities, diminished earning capacity, and special damages.

TYRE MASTERS LIMITED vs JASWINDER SINGH VIRDI t/a JASWINDER SINGH ENTERPRISES [1998] KEHC 254 (KLR)

✦ Application fails and is dismissed

UNIVET LABORATORIES (EAST AFRICA) LTD vs THE MUNICIPAL COUNCIL OF THIKA [1998] KEHC 134 (KLR)

✦ The application succeeds and the respondent's requirement for a 'Travellers Wholesalers' license is found to be misplaced and ultra vires the Acts.

GILBERT NGANGA MBUGUA v REPUBLIC [1998]] eKLR [1998] KEHC 291 (KLR)

✦ The appeals are dismissed as the learned magistrate arrived at the correct verdict.

Gakenia v Kimani & 2 others (2008) 2 KLR (EP) 106 [1998] KEHC 303 (KLR)

TIMOTHY NJOGU KANGARU v KENYA SHELL LIMITED [1998] KEHC 94 (KLR)

✦ The suit is struck out with costs and the application is allowed with costs.

ISAAC J. WANJOHI & ANOTHER vs ROSALINE MACHARIA [1998] KEHC 272 (KLR)

✦ The plaintiffs' application for contempt of court is dismissed with costs.

FAI AMARILLO WINNERIES vs ATTORNEY GENERAL & OTHERS [1998] KEHC 131 (KLR)

✦ The applicant's product is judged to be wholesome, and the application must succeed.

VINCENT KAMAU GICHOMO v J. MUIRURI GITAU [1998] KEHC 103 (KLR)

✦ The legal ownership of the plot remains with the Government, making it public land and the City Council not entitled to allot it to the Plaintiff.

UAP PROVINCIAL INSURANCE COMPANY LTD vs JOSEPH MURIUKI KENYATTI & ANOTHER [1998] KEHC 229 (KLR)

✦ The court dismisses the application with costs to the respondents.

TITO KINYAMBU vs KAMSONS LIMITED [1998] KEHC 201 (KLR)

✦ The court will not interfere with the consent order regarding the rate of interest, which is 27% per annum.

GABRIEL DE MELLO v REPUBLIC [1998] KEHC 52 (KLR)

✦ The appeal is allowed, conviction and sentence quashed, fine refunded.

JONAS AKUNO AKUBASU v REPUBLIC [1998] KEHC 53 (KLR)

✦ The appeal is dismissed as the evidence against the appellant was overwhelming.