Kenyan case law

ORIENTAL PRINTERS & STATIONERS vs RIVROM PROPERTIES LTD [1998] KEHC 127 (KLR)

✦ Leave is granted for the appellant to file a fresh appeal, with an interim stay of execution of the judgment of the Business Premises Rent Tribunal for 14 days.

JAMES MURIUKI MITHAMO & Another v REPUBLIC [1998] KEHC 21 (KLR)

✦ The convictions of the accused on counts 1 and 2 are upheld. The conviction of the accused on count 3 is quashed.

ESTHER NJAMBI DEWEY vs ZIPPORAH WANGARI KIMANI & ANOTHER [1998] KEHC 232 (KLR)

✦ The court found that the plaintiff has a prima facie case with a probability of success to seek an award of damages for fraud and forgery. However, the court decided not to grant the orders sought against the interested party Paul Muira.

Haco Industries Kenya Ltd v Mark Ademba Okumu & another [1998] KEHC 187 (KLR)

✦ The application succeeds, and the court orders provision of security by attaching Kshs. 3.5 million and Kshs. 2,000,000 to an interest-earning account.

SAMUEL NJOROGE WARUHIU vs STEPHEN THIONGO MACHARIA [1998] KEHC 250 (KLR)

✦ The sale agreement is void due to the lack of Land Control Board consent, and the plaintiff is granted vacant possession and costs.

STEPHEN WANYEE KINUTHIA vs SIMONA MACHARIA KINUTHIA [1998] KEHC 129 (KLR)

JANEPHER ASAMI & 3 OTHERS v AKAMBA BUS SERVICES [1998] KEHC 30 (KLR)

✦ Ex parte judgment and proceedings are set aside, and the defendant is ordered to deposit the decretal sum into a joint account and file a defence within 14 days.

THIKA COFFEE MILLS LTD v COFFEE BOARD OF KENYA [1998] KEHC 101 (KLR)

✦ The Court finds it difficult to determine if the Plaintiff truly made the applications it claims, due to the lack of specific applications and supporting documents.

GEORGE KANGETHE MUCHOKI vs REPUBLIC [1998] KEHC 270 (KLR)

✦ These appeals are accordingly dismissed.

TERESIA NJERI vs ATTORNEY GENERAL [1998] KEHC 128 (KLR)

GEORGE GAITI vs GULF AIR [1998] KEHC 262 (KLR)

✦ The court awarded the plaintiff special damages of Kshs. 38,000 and general damages of Kshs. 50,000.

GABRIEL DE MELLO v REPUBLIC [1998] KEHC 28 (KLR)

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

Gabriel D. Mello v Republic [1998] KEHC 4 (KLR)

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

FRANCIS KARUMWA GATHEKIA vs NJILUX MOTORS LTD AND ANOTHER [1998] KEHC 214 (KLR)

✦ The court held that the first defendant had the authority to sell the vehicle on behalf of the second defendant, and the plaintiff had paid the full price and taken possession of the vehicle.

FREDERICK GATERI MACHANGA & 4 OTHERS vs MOSA GICHUKI & ANOTHER [1998] KEHC 207 (KLR)

✦ The application is dismissed as it lacks merit.

GILBERT NYONGESA OLOO & ANOTHER vs REPUBLIC [1998] KEHC 203 (KLR)

✦ Allow the appeal, quash the conviction and set aside the death sentences imposed on the appellants

STANLEY OMBIMA vs REPUBLIC [1998] KEHC 204 (KLR)

✦ The appeal is allowed, and the sentence is reduced to the period already served by the appellant, such that he shall be released forthwith unless otherwise lawfully held.

GEORGE DEMUS OOKO ODENYO vs REPUBLIC [1998] KEHC 150 (KLR)

✦ The appeal is allowed, the sentence of 24 months is set aside and substituted with a 2 years probation period.

JAMES MUIRURI MWAURA GATHAIRO v JOSEPH NJENGA MBUTHIA [1998] KEHC 100 (KLR)

✦ The court held that the defendant's claim to the land is not valid and ordered the defendant to vacate the land.

STEPHEN C. MWANGI v REPUBLIC [1998] KEHC 60 (KLR)

✦ Allow the appeal, quash the conviction, and set aside the sentence

STEPHEN KIMANI GAKENIA v FRANCIS MWANGI KIMANI & 2 OTHERS [1998] KEHC 12 (KLR)

✦ The court corrected the description of the constituency from Changamwe to Ol-Kalou

STEPHEN NAMISI DAVID v REPUBLIC [1998] KEHC 67 (KLR)

✦ The 1st appellant's appeal is allowed, and his conviction and sentence are quashed. The 2nd, 4th, and 5th appellants are convicted of simple robbery and sentenced to 10 years imprisonment with 4 strokes corporal punishment.

Teresia Kangwele Mbandi v Bendamin Deon Musau & another [1998] KEHC 137 (KLR)

✦ The court finds no evidence of negligence and dismisses the case.

SERAPHINO NJOKA vs MANUNGA NGOCHI & ANOTHER [1998] KEHC 133 (KLR)

✦ Application for review is dismissed with costs

FRANCIS NJENGA MBUGUA v PRISCILLA WANJIRU KAMUNYA [1998] KEHC 106 (KLR)

✦ The defendant is not liable for the plaintiff's injuries as the plaintiff was not an employee covered by the defendant's insurance policy.