Kenyan case law

JUSTINE GITONGA MATE vs MWONI HOUSING CO-OP SOCIETY LTD [2003] KEHC 628 (KLR)

✦ Application is dismissed

OSERIAN DEVELOPMENT COMPANY LTD vs SIMON MUTUKU WAMBUA [2003] KEHC 849 (KLR)

✦ The application for stay is allowed with the decretal sum held in Court pending the appeal.

PHILLIP UCHE vs REPUBLIC [2003] KEHC 530 (KLR)

✦ The appeal against the prison sentence is dismissed. The fine is enhanced to Kshs.1 million and the prison sentence remains.

SAMUEL MUGO KAMAU vs REPUBLIC [2003] KEHC 465 (KLR)

✦ The appeal is dismissed as there is no merit in the appeal.

ISAAC NJUKI NYAGA vs FESTUS NJUE NYAGA,JEMIMAH WANGECHI [2003] KEHC 482 (KLR)

✦ The court did not grant the Plaintiff's application for temporary injunction.

ELIAS BARE SHILL v ADEN SUGOW AHMED & 2 others [2003] KEHC 4 (KLR)

✦ The application for stay of the hearing of the election petition and all subsequent proceedings is granted pending the determination of the appeal in the Court of Appeal.

KENNETH R. MWANGI v PIONEER GENERAL ASSURANCE [2003] KEHC 20 (KLR)

✦ The court finds a cause of action and enters judgment for the plaintiff against the defendant.

N.C.S v REPUBLIC [2003] KEHC 263 (KLR)

✦ The appeal is dismissed as the sentence is appropriate given the nature of the crime and the victim's trauma.

REPUBLIC v DAVID KISOYA NZIOKI & ANOTHER [2003] KEHC 272 (KLR)

✦ The court refused to adjourn the case and gave the prosecution two days to prepare itself.

KHALIFA SULEIMAN SIKANDER vs ALI SAZIM WASSIB [2003] KEHC 558 (KLR)

✦ The court finds that the defendant admitted the debt and enters judgment for the plaintiff in the sum of Kshs.570,000, together with costs and interest.

Republic through Machakos Police Station v Nzioki & another [2003] KEHC 946 (KLR)

✦ The court upheld the conviction and sentence of the accused, finding that the prosecution had failed to present witnesses and police officers as required by the court's order.

KENYA FINANCE CORPORATION vs ANILKUMAR KAMDAR [2003] KEHC 605 (KLR)

✦ The defendant's defense is struck out, and judgment is entered in favor of the plaintiff.

DENNIS MUKHULO OCHWADA vs KENYA COMMERCIAL BANK LTD (? 985 of 2001) [2003] KEHC 595 (KLR) (30 June 2003)

Dennis Mukholo Ochwada v Kenya Commercial Bank Ltd [2003] KEHC 942 (KLR)

✦ The plaintiff's claim fails and the suit is dismissed with costs.

Alii Maro Hero v Doyo Guyu [2003] KEHC 479 (KLR)

✦ The plaint and Chamber Summons are struck out under Order VI Rule 13(1)(d) of the Civil Procedure Rules, and interim orders of injunction are vacated.

ALICE MUTHONI KAMAU vs NAIROBI CITY COUNCIL [2003] KEHC 244 (KLR)

✦ Application dismissed with costs

ANN NAOMI MAGIRI,DAVID WAGIRI vs JOSEPH MBERIA & JENIFFER MBERIA [2003] KEHC 242 (KLR)

✦ The draft account produced by the appointed firm of accountants is adopted and orders are made in pursuance to what is reflected therein including the cash account upon winding up the business.

KENYA ELECTRICAL TRADERS ALLIEDWORKERS UNION (KETAWU) vs PETER MUTUA MUTEMI [2003] KEHC 241 (KLR)

✦ The Court denied the Plaintiff's application for an interlocutory injunction.

JULIUS MUNGUTI MAWEU vs KENYA HORTICULTURAL EXPORTERS [2003] KEHC 67 (KLR)

✦ The court finds in favor of the plaintiff, awarding damages for loss of life, pain and suffering, and loss of dependency.

KYALO MUNYAO,PETER MULI & BERNARD MASAI KAVOI vs JUSTUS NGILA MOSA,MULEI MATU,MUTISO KATHUMA & MUASA KATIKU [2003] KEHC 73 (KLR)

✦ The application dated 3.9.2002 is dismissed with costs to the plaintiff respondent.

CAPTAIN J. M. WAFUBWA vs HON. THE ATTORNEY GENERAL [2003] KEHC 612 (KLR)

✦ Grant judgment to the Plaintiff on the balance of probabilities, awarding general damages for wrongful termination of service, payment of salaries for 5 years, terminal benefits, pension, gratuity, costs, interest, and supply of ID card and requisite certificates.

CAPTAIN J.N. WAFUBWA.. vs HON. THE ATTORNEY GENERAL [2003] KEHC 141 (KLR)

✦ Grant judgment to the Plaintiff on prayer 1(a), (b), and (c) and prayer 5.

Muchendu v Waita [2003] KEHC 941 (KLR)

✦ The plaintiff's application for an injunction is dismissed with costs to the defendant.

KYALO MUNYAO,PETER MULI & BERNARD MASAI KAVOI vs JUSTUS NGILA MOSA,MULEI MATU,MUTISO KATHUMA & MUASA KATIKU [2003] KEHC 74 (KLR)

✦ The application to dismiss the plaintiffs' suit for want of prosecution is dismissed with costs awarded to the plaintiffs.

RUNYUA FARMERS COMPAPNY vs PATRICK NGUGI NDONGA [2003] KEHC 785 (KLR)

✦ The appeal is allowed. The learned Resident magistrate’s judgment dated 14th September 1995 and the decree therefrom set aside, and the Respondent’s case in that court dismissed.