Kenyan case law

DAVID OTIENO IMBO vs REPUBLIC (? 1142 of ??) [2003] KEHC 466 (KLR) (4 June 2003)

✦ The conviction under section 296(2) is set aside and the appellant is convicted under section 296(1) of the Penal Code.

ALFRED MULIRA JUMA vs REPUBLIC [2003] KEHC 464 (KLR)

✦ The conviction is set aside and a conviction under section 296(1) of the Penal Code is entered. The appellant is sentenced to seven years imprisonment and four strokes of the cane. He is also under police supervision for five years after release from prison.

PETER KARUGA ALIAS MURIU vs REPUBLIC [2003] KEHC 475 (KLR)

✦ The appeal is dismissed as the plea was an unequivocal admission of the offence and the sentence is mandatory and legal.

CHETUNDA MORAA NYAMWAMU vs PHILIP KIPKEMBOI CHELULE [2003] KEHC 666 (KLR)

✦ The court finds the 2nd defendant 100% to blame for the accident and awards damages of Shs.490,000.

PAUL NGOBITO vs HON. FRANCIS P.L LOTODO [2003] KEHC 514 (KLR)

✦ The court held that the plaintiffs were not entitled to protective orders and that they had no valid claim for the allocation of the house.

MULTI INVESTMENT LIMITED vs SALAMBO LIMITED [2003] KEHC 804 (KLR)

✦ The appeal is dismissed with costs, and the determination of the Business Premises Rent Tribunal is upheld.

JIMMY IBRAHIM ASKAR vs ANGELA STOLBERG [2003] KEHC 255 (KLR)

✦ The marriage is dissolved, custody of the child is with the Petitioner, and the order for maintenance is suspended.

PETER OCHIENG KANUT vs REPUBLIC … [2003] KEHC 230 (KLR)

✦ The appeal is allowed, conviction and sentence are quashed, and the appellant is set at liberty

ERICK MONGARE MUMI vs REPUBLIC [2003] KEHC 823 (KLR)

✦ The conviction is upheld, but the sentence of 14 years imprisonment is reduced to 7 years imprisonment and 4 strokes.

KHAMISI SAL SHUNGULA vs TATIANA GRIGOREVNA SHUNGULA [2003] KEHC 256 (KLR)

✦ The divorce is granted, and a Decree Nisi shall issue.

PETER KIMANI OSUMO vs REPUBLIC [2003] KEHC 311 (KLR)

MARIO SCIANNA vs EVA MAR THIES [2003] KEHC 546 (KLR)

✦ The court ruled that the Defendant should start and tender its evidence first.

MARINE CEMENT LIMITED vs SPANFREIGHT SHIPPING LIMITED [2003] KEHC 504 (KLR)

✦ The court will allow the Plaintiff a chance to prosecute his case by serving fresh summons upon the Defendants within 30 days.

Mohamed Abdalla Mohamed v Republic [2003] KEHC 937 (KLR)

✦ The arrest and detention of the applicant were not lawful, and the court orders his immediate production before the court or release.

JONATHAN MUTISYA MUMO vs DANIEL M. MUTWA [2003] KEHC 72 (KLR)

✦ The appeal is dismissed for want of prosecution

MR. MICHAEL KIBE vs VERONICA WANJIRU NGANGA ) MWANGI NGANGA [2003] KEHC 765 (KLR)

✦ The Chamber Summons is struck out with costs to the Respondents.

BENJAMIN D. MUSAU vs MAGDALENE W. THUMBI (SUING AS THE MOTHER AND ADMINISTRATIX OF THE ESTATE OF) PASCALINE J. WATURI KAMAU [2003] KEHC 79 (KLR)

✦ The court finds that the appellant has not shown undue delay, that he will suffer substantial loss if the stay is not granted, and that he has offered sufficient security for the due performance of the decree should the appeal not succeed.

JULIUS MUTABA KIOKO vs KYENGO KIOKO [2003] KEHC 68 (KLR)

✦ The court dismisses the plaintiff's claim for eviction and orders the plaintiff to be wrongfully registered as the title holder. The title cannot be upheld, and the wrongful registration is ordered to be cancelled. Succession proceedings will determine who inherits the land.

MWONGELA KIVYU vs PATRICK MWANGANGI KIUSYA [2003] KEHC 65 (KLR)

✦ The appeal is allowed, the judgment of the lower court awarding the respondent Kshs.8,000 in special damages is set aside and substituted with an order of dismissal of that claim.

EUNICE KIRUNDA KINYUA vs DANIEL KIBIRI MUTURI (? 376 of 1999) [2003] KEHC 653 (KLR) (28 May 2003)

✦ The application of Mr. Kibiri must fail as the Defendant has legal incapacity and Order XXX1 Rule 3 of the Rules provides for the appointment of a Guardian ad litem.

PHILLIP NJOROGE WAMAITHA V REPUBLIC [2003] KEHC 276 (KLR)

✦ The conviction is quashed and the sentence set aside.

NANCY NJOKI MWANGI V TIMOTHY OWADE OCHIENG [2003] KEHC 522 (KLR)

✦ The marriage is dissolved, and a Decree Nisi shall issue. The custody of the children remains with the Petitioner. The Respondent is ordered to pay maintenance and school fees for the children.

ELIAS BARE SHILL V ADEN SUGOW AHMED & 2 others [2003] KEHC 5 (KLR)

KIZITO MATHERI vs KIZITO MATHERI [2003] KEHC 901 (KLR)

✦ The respondent qualifies to be described as a 'dependant' under section 29(b) of the Law of Succession Act and is entitled to one third (1/3) share each in the parcel of land No. NGENDA/GITHUNGUCHU/234.

JOHN MACHARIA GITHAIGA vs KAMAU PETER NGUGI [2003] KEHC 702 (KLR)

✦ The application for injunction is refused as the Plaintiff has not shown a prima facie case for adverse possession and has come to equity with dirty hands.