Kenyan case law

JAMES MTOKA v ASSOCIATED MOTORS LTD. [2002] KEHC 874 (KLR)

✦ The court finds that the appellant's resignation was voluntary and that the learned trial magistrate was correct in providing the decision. The respondent is ordered to restore the vehicle KDK 539 to the appellant in the condition it was impounded.

PETER CHIRA & ANOTHER v NELSON GATHOGO [2002] KEHC 1038 (KLR)

✦ The appeal is allowed, and the land is distributed amongst the deceased's 3 houses in equal shares. The plot at Mutuguta Shopping Centre is to be shared between Waiganjo and Gathogo.

MOHAMED JUMA NGONI v REPUBLIC [2002] KEHC 154 (KLR)

✦ The charge is reduced from robbery with violence to robbery, and the sentence of death is set aside. The appellants are sentenced to 7 years imprisonment.

ANTONY IRUNGU WARUI vs REPUBLIC [2002] KEHC 573 (KLR)

✦ The appeal is allowed, conviction quashed, and sentence set aside. The appellant shall be released forthwith.

MIKTAR SAMON SHEIKH v REPUBLIC [2002] KEHC 1261 (KLR)

✦ The convictions for possession of firearms without a certificate are upheld, but the convictions for unlawful importation of firearms are set aside.

PAN AFRICA BUILDERS & CONTRACTORS LTD. vs WILFRED AMOS ALBERT [2002] KEHC 794 (KLR)

✦ The application is dismissed with costs.

MARION THIRIMU GITAGIA AND 2 OTHERS v MOSES KARUMBO NJENGA [2002] KEHC 809 (KLR)

✦ The appeal is dismissed with costs, the eviction order is upheld

AGNES M. MBOLONZI v JACKSON MUTUNGA & ANOTHER [2002] KEHC 782 (KLR)

✦ The court refuses to allow the plaintiff to amend the plaint as the proceedings are closed and the plaintiff cannot reopen the case for further proceedings.

ABNER AUMA MASANDA vs KENYA PORTS AUTHORITY & ANOTHER [2002] KEHC 1097 (KLR)

✦ The Suit CMCC No. 5235 of 1999 is hereby withdrawn from the Chief Magistrate's Court and transferred for trial and disposal before the High Court.

ABNER AUMA MASANDA vs KENYA PORTS AUTHORITY & ATTORNEY GENERAL (? 162 of 2002) [2002] KEHC 918 (KLR) (27 July 2002)

✦ The application is granted, and Suit in CMCC No. 5235 of 1999 is withdrawn from the Chief Magistrate's Court and transferred for trial and disposal before the High Court. Costs will be in the cause.

ALFRED CHENGO MWALIMU v REPUBLIC [2002] KEHC 436 (KLR)

✦ The conviction is quashed and the sentence set aside. The appellant is set at liberty.

PRIDELINE EXPRESS LTD v IMPERIAL BANK LTD [2002] KEHC 744 (KLR)

✦ The interim orders are discharged and the case is stood over generally.

DANIEL BUBE KARANJA & ANOTHER vs DANIEL C. BUBE [2002] KEHC 973 (KLR)

✦ The appeal is dismissed with costs to the respondent as no issue of law other than customary law is involved.

REPUBLIC vs ATTORNEY GENERAL Ex Parte FARAH ADEN ABAAS [2002] KEHC 209 (KLR)

✦ The court ordered the production of Suleiman Aden Abbas before the court on 30th July, 2002 at 8.30 a.m. and ordered the Commissioner of Police to appear on the same day to show cause why Suleiman Aden should not be released.

ALI SAID SALIM RUKBY v SALIM SAID SALIM RUKBY & ANOTHER [2002] KEHC 1071 (KLR)

✦ The matter is referred to the Kadhi's Court for a hearing de-novo

OSCAR KARUGA BEAUTTAH v UKWELI VIDEO PRODUCTION [2002] KEHC 880 (KLR)

✦ The appeal is dismissed as the appellant failed to satisfy the essential conditions for the grant of an interlocutory injunction.

PETER NJOROGE KINGARA v REPUBLIC [2002] KEHC 493 (KLR)

✦ The discrepancies in the charge sheets were cured by the amended charge, and no prejudice was occasioned to the appellants.

CHARLES ABUOGA OUMA vs REPUBLIC [2002] KEHC 459 (KLR)

✦ The appellant will be investigated by the Mombasa Community Service Officer to determine if he is fit to serve the community and if he has acquired any skills in prison.

PETER KARANJA WAKABA vs REPUBLIC [2002] KEHC 473 (KLR)

✦ The conviction is quashed and the sentence set aside.

JAMES AGWENYI SIMON vs ANTHONY KIOO & ANOTHER [2002] KEHC 817 (KLR)

✦ The appeal is allowed, and the quantum of general damages is increased from Kshs.30,000/= to Kshs.100,000/=

JAMES AGWENYI SIMON vs ANTHONY KIOO & ANOTHER [2002] KEHC 966 (KLR)

✦ The appeal is allowed, and the award of general damages is increased to Kshs.100,000

Eliud Maniafu Sabuni v Kenya Commercial Bank [2002] KEHC 1218 (KLR)

K.M.G v L.A.S [2002] KEHC 297 (KLR)

✦ The court dissolves the marriage and issues a decree nisi.

PETER KARANJA WAKABA vs REPUBLIC (? 155 of 2002) [2002] KEHC 136 (KLR) (25 July 2002)

✦ The conviction is quashed and the sentence set aside. The appellant shall be set free forthwith unless otherwise lawfully held.

KENNEDY OGOLLA vs REPUBLIC [2002] KEHC 405 (KLR)

✦ The appeal is dismissed. The appellant is convicted and sentenced to 7 years imprisonment.