Kenyan case law

MURATA FARMERS SACCO SOCIETY LED vs STANLEY CHARLES MUCHIRIS & 7 OTHERS [2001] KEHC 701 (KLR)

✦ The Tribunal's order appointing three signatories to the bank accounts is set aside. The Tribunal is directed to hear the various pending applications in the manner suggested in the Memorandum of Appeal.

RAHAB MICERE MURAGE vs THE ATTORNEY GENERAL & ANOTHER [2001] KEHC 131 (KLR)

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

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.

MWALUKO KYALO vs REPUBLIC [2001] KEHC 889 (KLR)

✦ The conviction is upheld, but the sentence is reduced to 4 years imprisonment with 3 strokes of the cane.

Microsoft Corporation v Mitsumi Computer Garage Ltd & another [2001] KEHC 846 (KLR)

✦ Affidavits of Marilyn Lesley Pearman and Louis Otieno are struck out, but the plaintiff is granted liberty to file a fresh and compliant verifying affidavit within 15 days.

KENYA COMMERCIAL FINANCE CO. LTD vs JOHNSON OMBAKI [2001] KEHC 547 (KLR)

✦ The ex parte judgment is set aside as the Defendant was not properly served.

DAVID LOMUTONI NAPALPONG v S.F. CO LTD [2001] KEHC 15 (KLR)

✦ The plaintiff is entitled to the decretal sum held by the former counsel and the advocate is ordered to release it.

MARTIN WAFULA WASILWA vs REPUBLIC….. [2001] KEHC 76 (KLR)

✦ The conviction for robbery is substituted, and the death sentence is set aside. The appellant is sentenced to 3 years imprisonment with effect from 25/4/2000 plus two strokes.

MORANGA ABUSA vs REPUBLIC [2001] KEHC 269 (KLR)

✦ The prison sentence is set aside. The appellant is fined Shs.4,000/- in default for three months imprisonment.

JOSEPH MWANGI vs THE DIRECTOR OF SURVEY & ANOTHER [2001] KEHC 123 (KLR)

✦ The application for judicial review is amended, and the applicant is ordered to pay the costs thrown away.

REPUBLIC vs ISAYA PIEMO TONY & EUNICE AKEYO SIAGE [2001] KEHC 710 (KLR)

✦ The court finds that the second accused, jointly with her lover, the first accused, caused the deceased's death. They had a deliberate and wicked intention to kill him.

Elijah Kipng’eno Arap Bii v Kenya Commercial Bank Limited [2001] KEHC 338 (KLR)

✦ The application is dismissed with costs to the defendant

ANGELUS MAINA MWANGI v REPUBLIC [2001] KEHC 25 (KLR)

✦ The bond is reinstated as the applicant sufficiently explained his absence and the Republic did not oppose the application.

MOSES NGARACHU MUHORIA vs D.K. GITHENYA ) DIXON MACHARIA KAMAU ) [2001] KEHC 606 (KLR)

✦ The court awards the plaintiff a sum of Shs.777,150.00 for special damages, loss of dependency, loss of expectation of life, and pain and suffering.

MOORE STEPHENS vs RAZA ASLAM & NORTHWEST TRUST [2001] KEHC 619 (KLR)

✦ The application is dismissed with costs.

SAMUEL ABUYA AMBIJA vs WILLYS ONYANGO SAMO [2001] KEHC 178 (KLR)

✦ The award of the D.O. is set aside as it deviated from the terms of the consent order

JUSTUS KAIBUNGA LAICHENA vs ERASTUS M. MUREITHI [2001] KEHC 464 (KLR)

✦ The first defendant is liable in negligence for the plaintiff's injuries and is ordered to pay general damages of Kshs.1,200,000 and special damages of Kshs.376,500.

PETER ONDORO vs ANDREW HAYANGA & OTHERS [2001] KEHC 796 (KLR)

✦ The plaintiff is entitled to recover Ksh.192,000 in damages under the Fatal Accidents Act, with Ksh.96,000 for the father and Ksh.96,000 for the mother. The claim under the Law Reform Act is dismissed.

PAUL MUIRURI KIGWATHI vs REPUBLIC [2001] KEHC 221 (KLR)

✦ The applicant is granted leave to file a Notice of Motion seeking an order of prohibition against the Senior Principal Magistrate Kibera. The leave will operate as a stay of the criminal proceedings, but bail is not granted at this stage.

PETER KAMAU NG’ANG’A vs REPUBLIC [2001] KEHC 801 (KLR)

✦ The maximum sentence is set aside and substituted with a term of imprisonment of 5 years and 3 strokes of the cane.

MICHAEL NGUGI KANYUA vs REPUBLIC [2001] KEHC 281 (KLR)

✦ The appeal is adjourned to June 27, 2001, and the appellant's bond is extended until then.

MARGARET NDUTA KAMITHI & GEORGE NJENGA KAMITHI vs KENINDIA ASSURANCE COMPANY LIMITED [2001] KEHC 516 (KLR)

✦ The defendant, KenIndia, had the right to repudiate the policy due to non-disclosure of material facts by the deceased. The plaintiffs' claim for the sum assured is successful.

RUFUS JOHN NDONGE vs JOHNSON KAREHU GICHUKI ALIAS KAREHU GICHUKI [2001] KEHC 518 (KLR)

JAMES P. MUREITH vs KENYA TEA DEVELOPMENT AUTHORITY & TWO OTHERS [2001] KEHC 462 (KLR)

✦ The Plaintiff's suit is dismissed with costs.

JANE KATUMBU MWANZIA vs T.M. MWANZUI & ATTORNEY GENERAL [2001] KEHC 161 (KLR)

✦ The 1st Defendant is wholly liable for the damage in this case. The suit against the 2nd Defendant is dismissed with costs.