Kenyan case law

A W vs J M M [2002] KEHC 289 (KLR)

✦ The marriage is dissolved, and Decree Nisi is granted.

Khelef Khalifa El-Busaidy v Commissioner of Lands & 2 others [2002] KEHC 1117 (KLR)

✦ The court dismissed the Defendant's preliminary objections and ordered the Plaintiff to be awarded costs.

Nakumat Holdings Ltd v Kenya Bureau of Statistics [2002] KEHC 1272 (KLR)

✦ The plaintiffs' notice of motion is allowed in terms of prayer 3, 4, and 5. The court orders a stay of further proceedings in the Nairobi Chief Magistrate’s criminal case No. 1868 of 2002 and Makadara Criminal case 10066 of 2002 pending the hearing and final determination of this suit.

SAMSON MWAGANGA vs REPUBLIC [2002] KEHC 512 (KLR)

✦ The appeals of the 2nd, 3rd, 4th, and 6th appellants are allowed, and their sentences are reduced to 2.5 years with hard labor. The appeals of the 1st, 5th, and 6th appellants are dismissed.

SAMSON MWAGANGA vs REPUBLIC [2002] KEHC 157 (KLR)

✦ The appeals against conviction are dismissed. The appeals against sentence are allowed for the first, fourth, fifth, and sixth appellants, and substituted sentences of 21⁄2 years imprisonment with hard labour are imposed.

M.A. BAYUSUF & SONS LTD. vs AWALE TRANSPORTER CO. LTD. [2002] KEHC 642 (KLR)

✦ The application is dismissed with costs to the Respondent.

MISTRY VALJI NARAN MURJI vs JANENDRA RAICHAND SHAH & 3 OTHERS [2002] KEHC 226 (KLR)

✦ The court declines to grant orders under the prayer to dismiss the suit and dismisses the alternative prayer for stay.

JESSE KAVITI vs REPUBLIC [2002] KEHC 330 (KLR)

✦ The sentences for counts 1 and 2 are reduced to 2 years imprisonment each, and the sentence for count 3 is reduced to 3 years imprisonment with three strokes of the cane. The terms run concurrently.

SAID SHABAN MWASHIMBA vs REPUBLIC [2002] KEHC 376 (KLR)

✦ The appeal is dismissed. The court finds no reason to interfere with the sentence as the offense is serious and rampant in Mombasa, and the appellant should be an example to his children.

COAST PROJECTS LIMITED vs M.R. SHAH CONSTRUCTION (K) LIMITED [2002] KEHC 657 (KLR)

✦ The court finds this is not a proper case for summary procedure and the application fails with costs to the defendant.

JULIUS MWOVA KYONDO vs WILLIAM KEA KASHURU [2002] KEHC 934 (KLR)

✦ The court finds no merit in the defendant's defense and allows the application for summary judgment in the sum of shs. 120,000 plus interest and costs.

COMMERCIAL BANK OF AFRICA LIMITED vs HYDROSTYLES LIMITED & ANOTHER [2002] KEHC 903 (KLR)

✦ Judgment entered for the plaintiff in the sum of Kshs.1,044,483.75 plus costs and interest

KERSAM LTD. & 15 OTHERS vs AFRICAN BANKING CO-OPERATION & TWO OTHERS [2002] KEHC 938 (KLR)

✦ The application is dismissed for want of jurisdiction.

PETER OCHIENG AORA vs REPUBLIC [2002] KEHC 403 (KLR)

✦ The sentence is reduced to 41/2 years, to run from the time sentence was passed by the trial court

REPUBLIC vs MICHAEL MUCHERU GATU [2002] KEHC 926 (KLR)

✦ The accused is found guilty of murder and convicted accordingly.

REPUBLIC vs THE ATTORNEY GENERAL [2002] KEHC 211 (KLR)

✦ Leave granted to institute contempt proceedings

CONSTANCE M. MWAKITWA (suing as personal representative of JAMES M. NDELEKO) vs RESHMA AFTABKHAN [2002] KEHC 935 (KLR)

✦ The plaintiff is the legal proprietor of the disputed land. The defendant must vacate the property within 30 days and remove all structures built on it.

JAMES MURIUNGA ALIAS NJENGA vs REPUBLIC [2002] KEHC 466 (KLR)

✦ The appeal is allowed, conviction quashed, and sentence set aside. The Appellant is released.

REPUBLIC vs THE CHIEF MAGISTRATES COURT Ex Parte LEMMY K. MBOGORI [2002] KEHC 251 (KLR)

✦ The application is dismissed with costs as the orders sought to be set aside were issued under the provisions of Section 88(1) of the Criminal Procedure Code, and Mbogori was accorded an opportunity to be heard.

REPUBLIC vs THE ATTORNEY GENERAL [2002] KEHC 260 (KLR)

✦ Leave granted to institute contempt proceedings

ROSEMARY MUTHONI MSAFIRI vs ELIZABETH MSAFIRI [2002] KEHC 548 (KLR)

✦ The application for leave to amend is allowed, and the draft defence is deemed to be the amended defence/counter claim subject to payment of court fees.

KENYA COMMERCIAL BANK vs BAKARI A. YUWA [2002] KEHC 576 (KLR)

✦ The court finds that the defendant is not entitled to defend the claim and that the rate of interest applied is within the contract terms. The application for summary judgment is hereby allowed with costs.

M v M [2002] KEHC 1138 (KLR)

REPUBLIC vs AGREY B.L. MUSIEGA [2002] KEHC 344 (KLR)

✦ The court dismissed the application and upheld the lower court's proceedings.

In Re: J. M. & R. W. ( Infants) [2002] KEHC 1041 (KLR)

✦ The court orders that the applicant is permitted to adopt the infants JM and RW.