High Court of Kenya judgments

ERNST & YOUNG vs SUBUKIA TEA COMPANY LIMITED [2003] KEHC 501 (KLR)

✦ The Plaintiff's claim is successful, and the Defendant's counterclaim and set-off are dismissed. The Plaintiff is awarded Kshs. 624,363 and Kshs. 16,169.15 in bank charges, with interest at Court rates.

[2003] KEHC 501 (KLR) High Court of Kenya 25 June 2003

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.

[2003] KEHC 785 (KLR) High Court of Kenya 25 June 2003

RUNYUA FARMERS COMPANY vs LUCAS NJUGUNA KAROBIA [2003] KEHC 784 (KLR)

✦ The learned Resident magistrate was entitled to come to the conclusion he came to and the appeal is hereby dismissed with costs to the Respondent.

[2003] KEHC 784 (KLR) High Court of Kenya 25 June 2003

NANCY NJERI NJUGUNA vs PETER OPUMBI ATTORNEY GENERAL. [2003] KEHC 744 (KLR)

✦ The Plaintiff cannot bring a claim for damages outside the limitation period as she did not fulfill the requirements of Section 27(2) of the Limitation of Actions Act.

[2003] KEHC 744 (KLR) High Court of Kenya 25 June 2003

B. NGIGI GIKONYO vs KABUKU GIKONYO [2003] KEHC 766 (KLR)

✦ The judgment of the learned resident magistrate is upheld, and the appeal is dismissed with costs to the respondent.

[2003] KEHC 766 (KLR) High Court of Kenya 25 June 2003

Odongo Mark Okeyo v Steve Omondi Owino [2003] KEHC 951 (KLR)

✦ The partnership is dissolved, and an injunction is not proper and just.

[2003] KEHC 951 (KLR) High Court of Kenya 24 June 2003

LINUS NYABERA ODINGA vs RAPHAEL KIPSOI KORIR) NATIONAL BANK OF KENYA LIMITED) MUNICIPAL COUNCIL OF NAKURU) [2003] KEHC 562 (KLR)

✦ The Plaintiff is the lawful and legal proprietor of the suit land

[2003] KEHC 562 (KLR) High Court of Kenya 24 June 2003

JAMES CHABUGA vs NATHAN POPO [2003] KEHC 716 (KLR)

✦ The preliminary objection is sustained, and the suit is struck out with costs.

[2003] KEHC 716 (KLR) High Court of Kenya 24 June 2003

ANAR KASSAM vs BHARATKUMAR D. PATEL [2003] KEHC 499 (KLR)

✦ The court awards the Plaintiff Kshs. 300,000/= for pain, suffering, and loss of amenities, and Kshs. 351,470/= in total including general damages, medical expenses, transportation charges, and loss of earnings.

[2003] KEHC 499 (KLR) High Court of Kenya 24 June 2003

BONIFACE MUTINDA MWEMA & CHARLES N. KIMEU vs REPUBLIC [2003] KEHC 59 (KLR)

✦ The appeal is allowed, and the conviction is substituted for the lesser charge of robbery with violence. The sentence is reduced to 4 years imprisonment and 4 strokes of the cane.

[2003] KEHC 59 (KLR) High Court of Kenya 23 June 2003

PAUL MUIRA vs JANE KENDI IKINYUA [2003] KEHC 723 (KLR)

✦ Application to strike out claim for lack of reasonable cause of action is denied.

[2003] KEHC 723 (KLR) High Court of Kenya 20 June 2003

O. U. ALOZIE vs O. U. ALOZIE (? 1424 of 2002) [2003] KEHC 205 (KLR) (20 June 2003)

✦ Orders relating to execution are invalid and void

[2003] KEHC 205 (KLR) High Court of Kenya 20 June 2003

JULIUS MACHARIA NDUGIRE and 12 Others vs ARCH-BISHOP B. NZIMBI and 5 Others [2003] KEHC 706 (KLR)

✦ The Defendants' preliminary objection to the injunction was dismissed with costs.

[2003] KEHC 706 (KLR) High Court of Kenya 20 June 2003

Kasyoka v Republic [2003] KEHC 98 (KLR)

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

[2003] KEHC 98 (KLR) High Court of Kenya 20 June 2003

REPUBLIC v SAMUEL MUIRURI MWANGI,ROBERT HUNJA NJAMBA [2003] KEHC 268 (KLR)

✦ The court finds that the statement was voluntary and admissible as evidence.

[2003] KEHC 268 (KLR) High Court of Kenya 19 June 2003

JAMES KITHUKA NDOLA vs WAMBUA KENZI & 2 OTHERS [2003] KEHC 623 (KLR)

✦ The plaintiff's application is granted, and the defendant is ordered to deliver the case file to the plaintiff.

[2003] KEHC 623 (KLR) High Court of Kenya 19 June 2003

Mburu v Gakuha & 2 others (2008) 2 KLR (EP) 473 [2003] KEHC 950 (KLR)

[2003] KEHC 950 (KLR) High Court of Kenya 19 June 2003

JOSEPH KIPROP MENGICH vs REPUBLIC [2003] KEHC 440 (KLR)

✦ The conviction is upheld, and the sentence is reduced to 5 years imprisonment and 3 strokes of the cane.

[2003] KEHC 440 (KLR) High Court of Kenya 18 June 2003

DANIEL NGEGWA KANGIGE vs REPUBLIC [2003] KEHC 432 (KLR)

✦ The conviction is set aside due to the unsafe basis of the identification and the Appellant's participation in the trial.

[2003] KEHC 432 (KLR) High Court of Kenya 18 June 2003

LABAN KARIUKI WAMBUGU & 68 OTHERS vs HON. KIHIKA KIMANI [2003] KEHC 712 (KLR)

✦ The application is allowed, the ex parte judgment is set aside, and the Plaintiffs are ordered to serve the Defendant with Summons afresh.

[2003] KEHC 712 (KLR) High Court of Kenya 18 June 2003

NATIONAL BANK OF KENYA vs PETER KOMEN KIMA [2003] KEHC 520 (KLR)

✦ The ex parte Judgment is set aside, and the Defendant is granted leave to enter appearance and file defence out of time.

[2003] KEHC 520 (KLR) High Court of Kenya 18 June 2003

REPUBLIC v SAMMY MAINA KAMAU,DUNCAN KAMAU KABIRU,FRANCIS NJOROGE KAMAU [2003] KEHC 525 (KLR)

✦ The court reduced the capital robbery charge to simple robbery due to the absence of injuries or extreme psychological pressure on the victim.

[2003] KEHC 525 (KLR) High Court of Kenya 18 June 2003

Republic v Limanyang [2003] KEHC 956 (KLR)

✦ The learned Senior Resident Magistrate did not have the power to reduce the charge of murder to manslaughter.

[2003] KEHC 956 (KLR) High Court of Kenya 18 June 2003

ANWAR ALI ANJAWA vs REPUBLIC [2003] KEHC 362 (KLR)

✦ The sentence is reduced to 2 years and 2 strokes of the cane each

[2003] KEHC 362 (KLR) High Court of Kenya 18 June 2003

VERONICA MWONGELI KILONZO vs ROBERT KARUME [2003] KEHC 621 (KLR)

✦ The court awards the plaintiff Shs.500,000/- general damages for pain and suffering, and loss of amenities.

[2003] KEHC 621 (KLR) High Court of Kenya 17 June 2003

Kenyan case law