Kenyan case law

KARAGITA SELF HELP GROUP v SIMON KAMAU KANGETHE [2000] KEHC 314 (KLR)

✦ The plaintiffs are entitled to specific performance of the contract agreement.

NJUGUNA MUTHINJI v MUHORO KAMUNYU [2000] KEHC 373 (KLR)

✦ The court finds that the plaintiff had been in occupation of the land since 1974, which was open, peaceful, and uninterrupted. The defendant's change of mind was delayed, and the court holds that the plaintiff should be registered as the proprietor of the suit land in place of the defendant.

RASHID ODHIAMBO ALOGGOH AND 245 OTHERS vs HACO INDUSTRIES LTD [2000] KEHC 360 (KLR)

✦ The court ordered the respondent to issue letters of appointment to the applicants and to recognize their right to join trade unions.

PGN vs JPGN & AS [2000] KEHC 228 (KLR)

✦ The marriage is dissolved, and the petitioner is entitled to damages against the corespondent and costs against the respondent.

KASONGO MINDOTI (SUING as the Personal Representative and Administrator of the Estate of JOHN WAFULA MINDOTI) v CHANNEL AGRICULTURAL CONSTRUCTION [2000] KEHC 69 (KLR)

✦ The defendant is held to be wholly responsible for the negligence resulting in the death of the deceased. The plaintiff is awarded a total of shs. 953,995/- with costs and interest.

SAMSON NYUTU MWATHI v STANDARD CHARTERED BANK LTD & 2 OTHERS [2000] KEHC 274 (KLR)

✦ Application dismissed with costs

CHARLES KARIUKI GITHUNGO suing as the RECEIVER OF WORLD DUTY FREE COMPANY LIMITED T/A KENYA DUTY FREE COMPLEX vs AFRICAN BANKING CORPORATION LIMITED & ANOTHER [2000] KEHC 210 (KLR)

✦ The application is allowed in terms of prayers 8 and 9 of the Chamber Summons.

Magonjwa v Attorney General [2000] KEHC 544 (KLR)

✦ The defence is properly on record and the defendant is ordered to bear all costs thrownaway and the costs of the chamber summons dated 14.1.2000.

JOSEPH OGINGA v ELISHA NYAGOL [2000] KEHC 424 (KLR)

✦ The appeal is allowed, and the lower court's decree is set aside. An order dismissing the Respondent's suit with costs is substituted. The Appellant shall have the costs of the appeal.

Omondi v Republic [2000] KEHC 554 (KLR)

✦ The conviction for causing death by dangerous driving is upheld. The conviction for driving a motor vehicle on a public road without a driving licence is upheld. The conviction for failing to report an accident is upheld. The appeal is dismissed.

JOHN NGWASI KIHUHA v AMON MUTIRU [2000] KEHC 383 (KLR)

✦ The suit is dismissed as the applicant's prayers cannot be granted. The respondent faithfully administered the estate of his late brother and the applicant got what was his rightful share.

MAMA NGINA KENYATTA & ANOTHER v MAHIRA HOUSING COMPANY [2000] KEHC 258 (KLR)

✦ The plaintiffs are entitled to possession and eviction of the defendant from the land, but the issue of mesne profits will be set down for arguments at a later date.

RELIANCE BANK LIMITED v CAMPOS INDUSTRIES LIMITED [2000] KEHC 379 (KLR)

✦ The Defendant is not entitled to the credit for Shs.1.5 million claimed by him and the interest due thereon.

DRAGON PEARL CHINESE RESTAURANT LTD vs JOHN MAKOKHA OTWISA [2000] KEHC 97 (KLR)

✦ The application is allowed, the applicant shall lodge the appeal within 21 days and pay the costs of the application

KAYOLE BIDII JUA KALI ASSOCIATION vs THE REGISTRAR OF SOCIETY [2000] KEHC 209 (KLR)

✦ The application for certiorari is withdrawn with no orders as to costs.

STEPHEN NJUGUNA THUO & 6 OTHERS vs MINISTER FOR LOCAL GOVERNMENT & ANOTHER [2000] KEHC 122 (KLR)

✦ The application for leave is dismissed as it was filed after the expiry of six months from the date of proceedings or decision.

KAYOLE BIDII JUA KALI ASSOCIATION vs THE REGISTRAR OF SOCIETY [2000] KEHC 123 (KLR)

✦ The application for injunction to restrain sub-divisions has no foundation. The applicant should have filed a separate suit for elections and land disputes.

M. G. Sharma v Uhuru Highway Development Limited [2000] KEHC 1 (KLR)

✦ The application is dismissed as the suit is premature and the bill of costs is an abuse of the process of the court.

ATTORNEY GENERAL vs JOSEPH NZUKI KASYUKI [2000] KEHC 119 (KLR)

✦ The application is allowed with costs in the appeal and an order of stay of execution

NAWAY KHAN WALI LIMITED & 4 OTHERS v A. D. GREGORY AND A. Z. SHEIKH THE JOINT RECEIVERS AND MANAGERS OF PHILLIPS KENYA TEA LIMITED (IN RECEIVERSHIP) & ANOTHER [2000] KEHC 206 (KLR)

✦ The contracts are for ascertained goods, and the defendants appropriated the tea from the contracts.

REPUBLIC v THE WILDLIFE (CONSERVATION & MANAGEMENT) Ex Parte DR. JOHN MUTEMWA WAMBUA [2000] KEHC 113 (KLR)

✦ The leave to file Judicial Review Proceedings is granted, but a stay of the suspension and criminal proceedings is not granted at this stage.

HOSEA KIUNA WANJIRU vs REPUBLIC [2000] KEHC 219 (KLR)

Didacus Omokola & 2 others v Municipal Council of Mombasa & 3 others [2000] KEHC 518 (KLR)

✦ The court dismissed the application to set aside the consent order, finding that the grounds for challenging the consent were not met and that the consent was entered into with express or ostensible authority.

Margaret Muthoni Wachira & 7 Others v Attorney General [2000] KEHC 45 (KLR)

✦ The suit is dismissed with costs.

CHIMANLAL HIRALAL SHAH vs ASGAR MAHMOOD KHAN PATHAN & ANOTHER [2000] KEHC 368 (KLR)

✦ The defendants are 100% liable for the accident and are ordered to pay the plaintiff Ksh.1,000,000 in general damages, Ksh.694,970 in special damages, and Ksh.80,000 for future medical expenses.