Kenyan case law

ELIZABETH WANJIRU KAMAU vs REPUBLIC [2001] KEHC 336 (KLR)

✦ The convictions are upheld. The appellant's sentence is reduced to two years imprisonment to run concurrently with the other sentence she is serving.

JOSEPH MWAURA NJAU vs BARCLAYS BANK OF KENYA LTD [2001] KEHC 561 (KLR)

✦ The dismissal was found to be unlawful and malicious, and the plaintiff was awarded damages.

In Re: AHMED MOHAMED NASIB [2001] KEHC 52 (KLR)

✦ The court clerk, Julius Ngumbo, is required to file an affidavit explaining his actions and showing cause why he should not be punished.

PETER NDUNGU NJENGA vs JOHN K. NDUNGU & 4 OTHERS [2001] KEHC 499 (KLR)

✦ The application is dismissed. Each party is ordered to bear their own costs.

CHRISTOPHER GIKONYO MAINA vs K-REP HOLDINGS LIMITED [2001] KEHC 163 (KLR)

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

LEONARD MUTUA MWINZI vs REPUBLIC [2001] KEHC 238 (KLR)

✦ The conviction and sentence are upheld

AIR EAST AFRICA vs – KENYA AIRPORTS AUTHORITY [2001] KEHC 527 (KLR)

✦ The Respondent's application to set aside the reconsidered final award is granted in part

ANDREW OMBATI NYAMBATI vs GIRO COMMERCIAL BANK LIMITED [2001] KEHC 80 (KLR)

✦ Application dismissed with costs, as the dates in the court orders are meaningless and cannot be granted.

MANEE HAMUDE SHIBIBY & another v COMMISSIONER OF LANDS & another [2001] KEHC 38 (KLR)

✦ The matter is adjourned generally and the parties are directed to take a fresh date at the Registry.

PARADISE MOMBASA LIMITED & PARADISE MOMBASA MARKETING LTD vs MOSHE BOINESS & TEXTONIC LIMITED [2001] KEHC 408 (KLR)

✦ The matter is adjourned for a limited time only, with the Plaintiff/Respondent required to pay Court Adjournment Fees and the 1st Defendant/Applicant's Advocats' costs.

ABDALLA CHEGE vs REPUBLIC [2001] KEHC 224 (KLR)

✦ The order of the trial magistrate is set aside, and a re-trial of all the applicants before another court of competent jurisdiction is ordered.

A.O. BAYUSUF & SONS LTD vs GOLDEN BELL INTERNATIONAL (U) LTD [2001] KEHC 434 (KLR)

CHARLES ODHIAMBO vs OMAR TRANMORTORS LTD & ANOTHER [2001] KEHC 632 (KLR)

✦ General damages for pain and suffering assessed at Ksh.100,000.

DIAMOND TRUST BANK KENYA LTD vs ROZINA Z. H. DHALA,SADRUDIN H. DHALLA & NEHAZ ABDUL DOSSA [2001] KEHC 382 (KLR)

JAMES KITHUKA NDOLA. vs WAMBUA KENZI & MUNYAO KENZI T/A KENZI & KENZI ADVOCATES [2001] KEHC 683 (KLR)

✦ The Originating Summons shall proceed to hearing without further delay and in any event within the next 14 days.

JAMES NJOROGE KARANU vs JOHN NJENGA KARANU & BERNARD MUNGA KAMAU (INTERESTED PARTY) [2001] KEHC 554 (KLR)

✦ The application is dismissed with costs to the Defendant, as the suit land has no relationship with the lands in dispute and joining the Interested Party would not enable the Court to effectively adjudicate the suit.

ELISHA OTIENO TINDI vs AFRICAN RETAIL TRADERS KENYA LTD [2001] KEHC 535 (KLR)

✦ The court awards the plaintiff Kshs.120,000/= as general damages and Kshs.1,500/= as special damages, totaling Kshs.121,500/=. The plaintiff is also ordered to pay court fees on the general damages awarded before the decree is drawn.

PHILEMON K. ROTICH vs JOHN KIHARA KARANJA [2001] KEHC 657 (KLR)

✦ The case is dismissed as the plaintiff was absent and no evidence was called to prove the special damages.

MOHAMED NOOR MUNYE vs REPUBLIC [2001] KEHC 202 (KLR)

✦ The conviction is quashed and the sentence set aside due to a miscarriage of justice.

RAPHAEL MUTIO MAINGI vs REPUBLIC [2001] KEHC 351 (KLR)

✦ The conviction is upheld, but the sentence is set aside and the appellant is placed on probation with a report to be submitted in 30 days.

JOSIAH SANGARA BIRUNDU v RUTH CHEMUTAI CHELULE & ANOTHER [2001] KEHC 16 (KLR)

✦ The court awards Kshs. 10,000 for pain and suffering, Kshs. 60,000 for loss of expectation of life, and Kshs. 72,000 under the Fatal Accidents Act. The total award is Kshs. 142,000, reduced by Kshs. 70,000 under the Law Reform Act, resulting in a final award of Kshs. 72,000.

Kibe & 2 others v Attorney General & another & another (Miscellaneous Application 356 of 2000) [2001] KEHC 836 (KLR) (Civ) (12 June 2001) (Ruling)

✦ The prosecution was improper, oppressive, and unconstitutional.

MOHAMMED HANIF vs JUSTUS NYAMU & ANOTHER [2001] KEHC 577 (KLR)

✦ The court cancels the fraudulent entries on the title documents of the suit land and orders the Registrar to act accordingly.

GEOFREY M. KIKEMU vs REPUBLIC [2001] KEHC 249 (KLR)

✦ The appeal is dismissed. The conviction and sentence cannot be disturbed.

Chomba v Kabutha & another (Civil Case 1622 of 1998) [2001] KEHC 171 (KLR) (Civ) (11 June 2001) (Ruling)

✦ The application is allowed. The 2nd Defendant's Advocate shall pay the Plaintiffs' thrown away costs before filing the defence.