Kenyan case law

M E A v G A A [2001] KEHC 6 (KLR)

✦ The marriage is a nullity ab initio and irretrievably broken down

SAMUEL GICHURUMAFULA vs REPUBLIC [2001] KEHC 407 (KLR)

✦ The appeals are allowed, and the appellants are set free unless lawfully held.

KIM HOLDINGS LIMITED vs THE ATTORNEY GENERAL [2001] KEHC 867 (KLR)

✦ The Plaintiff's claim for rent and water charges is dismissed as there was no agreement on rent and the Defendant was a trespasser.

I. T. INAMDAR,SUBODH INAMDAR & SAMIR INAMDAR vs POSTAL CORPORATION OF KENYA [2001] KEHC 170 (KLR)

✦ The Defendant's application for stay of execution is dismissed with costs to the Plaintiffs.

KENTAINERS LIMITED vs SCANIA ENTERPRISES LIMITED [2001] KEHC 493 (KLR)

✦ The application to set aside the default judgment and stay execution is dismissed with costs.

KENYA SHELL LTD vs AIR EAST AFRICA LTD [2001] KEHC 452 (KLR)

✦ The court orders the attachments of the defendant's debts in the hands of the Garmishee and makes the order Nisi absolute with costs payable by the judgment debtor to the decree holder.

ANTONY KAMAU vs REPUBLIC [2001] KEHC 335 (KLR)

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

FESTUS OPARA NYANGAI vs REPUBLIC [2001] KEHC 285 (KLR)

✦ The conviction for attempted rape is unsafe and is quashed. The appellant is to be released from custody.

In Re: S.S.B. (An Infant) [2001] KEHC 775 (KLR)

✦ The court grants the application to dispense with the consent of the parents and the adoption order.

MONICAH M. MUTHUI vs DR. CHIEWE & THE ATTORNEY GENERAL [2001] KEHC 488 (KLR)

✦ The court dismissed the plaintiff's claim with costs, unable to find that the plaintiff has proved her case on a balance of probabilities.

In Re:RAHAB KABUI RUITHA [2001] KEHC 731 (KLR)

✦ The court allows the applicant's application for letters of administration and orders that the estate be divided according to the rightful heirs.

MASAKU SCHOOL SUPPLIES AND AGENCIES LIMITED vs CHARLES MUINDE MUSAU [2001] KEHC 391 (KLR)

✦ The court found the defendant's defence to be a sham and an abuse of the court process.

KOBO SAFARIS LIMITED vs PETER GICHUKI KINGARA & EUSTACE MURURU GATOTO [2001] KEHC 154 (KLR)

✦ The application to strike out the Plaint is dismissed with costs.

JOYCE MUILULU KILONZO vs COUNTY COUNCIL OF MACHAKOS [2001] KEHC 721 (KLR)

✦ The court finds that the defendant council can pull down the plaintiff's fence but only if it is on land that belongs to the council and intended for public use. The court orders a surveyor to determine the exact boundaries of the properties involved.

DAVID CHEGE MWANGI vs UNIVERSITY OF NAIROBI [2001] KEHC 756 (KLR)

REPUBLIC vs AMANI DAVID DENA [2001] KEHC 201 (KLR)

✦ The Accused is found guilty of Murder but Insane.

JOHN MBUGUA MUNGAI vs NYIGA NDUNDA [2001] KEHC 486 (KLR)

✦ The court dismissed the suit for want of prosecution

BENJAMIN KOKO LUCAS & ELIZABETH MUNYIVA LUCAS vs F. M. NZINGA [2001] KEHC 694 (KLR)

✦ The defendant is found liable for 100% of the damages and is ordered to pay Sh.139,690 in total, including loss of dependency and special damages.

ROLF BARTSCHER & ABRAHAM SOGOMO vs KIPRONO CHELUGUI T/A COFFEE FACTORY SERVICES & THE LIQUIDATOR KAPINGAZI FARMERS COOPERATIVE SOCIETY LTD [2001] KEHC 458 (KLR)

✦ The court finds in favor of the 1st Plaintiff for consulting fees and advances totaling Shs.680,000 and in favor of the 2nd Plaintiff for transport costs totaling Shs.142,000.

BENJAMIN ROBI GITHENJI vs REPUBLIC [2001] KEHC 247 (KLR)

✦ The appeal is dismissed. The sentence of two and a half years imprisonment is upheld, but the period of disqualification is extended to run from the date of the appellant's release from prison.

ALI VINU vs REPUBLIC [2001] KEHC 220 (KLR)

✦ The convictions and sentences are set aside, and a retrial is ordered.

REPUBLIC vs ERICKSON WAMBUA KIMOTHO [2001] KEHC 198 (KLR)

✦ The court rules that the accused's confession was voluntary and the statement may be produced.

Pastificio Lucio Garofalo SPA v Security & Fire Equipment Co & another [2001] KEHC 840 (KLR)

✦ The verifying affidavit filed by the plaintiff is struck out with liberty to file a fresh and compliant affidavit within 21 days.

ABDIRASAK ALI BUROW vs REPUBLIC [2001] KEHC 120 (KLR)

✦ The application is dismissed

ESTEHR WARIINI MURAGE vs THE HON. THE ATTORNEY GENERAL AND 2 OTHERS [2001] KEHC 550 (KLR)

✦ The suit is dismissed with costs to the 2nd defendant and no costs awarded to the 1st and 3rd defendants.