Kenyan case law

REPUBLIC vs BENJAMIN KYENGO MUUNYI [2001] KEHC 193 (KLR)

✦ The accused is found guilty and sentenced to serve a prison term of fifteen (15) months.

FRED KAMAU CHEGE vs NAIROBI CITY COUNCIL [2001] KEHC 157 (KLR)

✦ The Court grants a temporary injunction restraining the Defendant from interfering with the Plaintiff's quiet possession of the suit land.

NEWMAN NJEMA MGELE vs ANASTACIA NZIGHE MWAKUJA [2001] KEHC 690 (KLR)

✦ The appeal is dismissed except on damages, where the court reduces the damages from Kshs. 30,000/- to Kshs. 8,000/-

JAPHETH KHAEMBA AND THREE OTHERS vs REPUBLIC [2001] KEHC 361 (KLR)

✦ The convictions of the 2nd, 3rd, and 4th appellants for Robbery with Violence and possession of firearms are quashed, and their sentences are set aside.

LESUKUT LIMITED vs JOSEPH MWANIKI MUTHAMA [2001] KEHC 59 (KLR)

✦ The ex parte order for attachment is set aside ex debito justitae, and the judgment on admission is allowed.

NITA GANATRA AS THE RECEIVER MANAGER OF DAWAT RESTAURANT LIMITED vs SHIMMERS PLAZA LIMITED & AUCKLAND AGENCIES [2001] KEHC 177 (KLR)

✦ The plaint and the Chamber Summons application dated 20th June, 2001 are amended by removing the name of the Plaintiff and putting the name of the Company under Receivership.

KAMWELI MWANGANGI KITUKU vs NZISA MULI,SAMMY MULI & MWANIA MULI [2001] KEHC 563 (KLR)

✦ The court dismissed the defendants' adverse possession claim and ordered them to vacate the land.

Royal Media Services Ltd v Commissioner of Customs & Excise [2001] KEHC 47 (KLR)

✦ The court ruled that the goods were released to Royal Media in accordance with the sale agreement and that KTN's suit against Royal Media was dismissed.

PEKESHE NDEJA NDARA vs MWANDORO MWAMBO KUCHEGULA [2001] KEHC 378 (KLR)

✦ The court grants the defendant's application to dismiss the plaintiff's suit for want of prosecution.

NITA GANATRA v SHIMMERS PLAZA LIMITED & another [2001] KEHC 41 (KLR)

✦ The preliminary objection to the Plaintiff’s suit and application is dismissed with no order as to costs.

MWINZI KITHIKI vs REPUBLIC [2001] KEHC 880 (KLR)

✦ The appeal is dismissed. The sentence is left undisturbed but on each of the two counts concurrently, and the appellant shall remain under police supervision for 5 years on release.

MARIAM MUENI vs REPUBLIC [2001] KEHC 254 (KLR)

✦ The appeal is dismissed.

Fursys (K) Limited v Da Gama Rose Group of Companies Ltd.) Horatious Da Gama Rose [2001] KEHC 870 (KLR)

REPUBLIC vs KEAH KIPROTICH RONO [2001] KEHC 204 (KLR)

✦ The court finds that the accused did not murder his wife and is acquitted of the offence

BONIFACE MUTUNGA KIMEU vs REPUBLIC [2001] KEHC 278 (KLR)

✦ The application for bail pending appeal lacks merit and is hereby dismissed.

REPUBLIC vs ELIJAH FURAHA CHIVATSI [2001] KEHC 196 (KLR)

D M N v R M N [2001] KEHC 291 (KLR)

✦ The Petitioner's petition is proved, and the marriage is dissolved. The children will continue to live with the Respondent, but the Petitioner will have reasonable access to them.

ANNE WAMBUI NGANGA vs NICHOLAS NGANGA NDUNGU [2001] KEHC 183 (KLR)

✦ The court dissolves the marriage between the petitioner and respondent due to the respondent's cruelty and lack of contact.

H M L v W E E [2001] KEHC 708 (KLR)

✦ The court finds the marriage irretrievably broken down and grants the divorce.

MUTUNGA KALOKI MWANZWA vs REPUBLIC [2001] KEHC 309 (KLR)

✦ The appeal is allowed to the extent that the appellant is placed in Community Order Service to serve the remainder of the period he is to serve under the same order.

In Re: GERISHON JOHN MBOGOH [2001] KEHC 726 (KLR)

✦ The court finds that Veronicah Rwamba Mbogo was not Gerishon John Mbogo's wife under Embu customary law and that she did not have capacity to marry him.

NASHEE MOHAMED vs JAMAL S. OMAR [2001] KEHC 725 (KLR)

✦ Application for review dismissed with costs

ELEMENEJILDO WANJOHI GICHIRU vs LYDIA GOIRI & ANOTHER [2001] KEHC 483 (KLR)

✦ The application for an injunction is dismissed with costs.

NZULA KIMATU vs MITAU KYENDWA & GIDEON MUTUA MUSYIMI [2001] KEHC 522 (KLR)

✦ The defendants are not liable for the deceased's death and the suit is dismissed with costs.

DEDAN OLE PARTET vs PARSINTI OLE DUKONY SITIENGOT [2001] KEHC 757 (KLR)

✦ The defendant is restrained from alienating or dealing with the suit property until the determination of the suit. Plaintiff is declared to have acquired title to land parcel no. Ngong/Ngong/88 by adverse possession.