High Court of Kenya judgments

Kenya Bus Service (MSA) Ltd v CMC Motors Group Ltd [2000] KEHC 561 (KLR)

✦ The application for interlocutory orders is dismissed as frivolous and vexatious.

[2000] KEHC 561 (KLR) High Court of Kenya 27 January 2000

MARTIN M. MUGI v ATTORNEY GENERAL [2000] KEHC 126 (KLR)

✦ The court awards the plaintiff Shs.727,735/- in total, including general damages, special damages, and future treatment costs.

[2000] KEHC 126 (KLR) High Court of Kenya 24 January 2000

JOSEPHINE RAPHAEL MULAA vs DIOCESE OF PUMWANI RACEOURSE & ANOTHER [2000] KEHC 452 (KLR)

✦ The application is dismissed with costs to the respondents as there was no proper service upon the respondents.

[2000] KEHC 452 (KLR) High Court of Kenya 24 January 2000

ALLAN KHAEMBA KWABI v REPUBLIC [2000] KEHC 53 (KLR)

✦ The conviction is set aside, and the appellant is ordered to be set at liberty

[2000] KEHC 53 (KLR) High Court of Kenya 19 January 2000

NEERA NATWARIAL CHELANI v CHRISTOPHER CHEGE NDUNGU & ANOTHER [2000] KEHC 133 (KLR)

✦ The court awards damages of Shs. 10,000 for pain and suffering and Shs. 90,000 for loss of expectation of life under the Law Reform Act. Under the Fatal Accidents Act, the court awards Shs. 2,400,000 for loss of expectation of life, with a multiplier of 20. The court also awards special damages of Shs. 78,692. The plaintiff is entitled to Kshs. 1,805,084.75 in total.

[2000] KEHC 133 (KLR) High Court of Kenya 18 January 2000

FATUMA ABDALLA v TUSKS RESTAURANTS LTD. & ANOTHER [2000] KEHC 397 (KLR)

✦ The court awards general damages of Kshs.600,000 to the plaintiff and orders the defendants to pay Kshs.601,678 jointly and severally with costs and interest.

[2000] KEHC 397 (KLR) High Court of Kenya

HANS MOLLIN v FESTUS OGADA [2000] KEHC 262 (KLR)

✦ Mandatory injunction granted to Mollin for free access to the ground floor of the plot until the suit is determined.

[2000] KEHC 262 (KLR) High Court of Kenya

JOHN NJOROGE WARUI v UNIVERSAL BANK LTD [2000] KEHC 284 (KLR)

✦ Application dismissed with costs

[2000] KEHC 284 (KLR) High Court of Kenya

GEORGE ONGAYA OKOTH [2000] KEHC 68 (KLR)

✦ The appeal is dismissed with costs to the respondent as the exercise of the statutory power of sale had not accrued due to the lack of a valid notice.

[2000] KEHC 68 (KLR) High Court of Kenya

SAMSON KAMAU NGAHU v GICHERU MAINA [2000] KEHC 196 (KLR)

✦ The court awards Shs.400,000 as general damages and Shs.116,000 for loss of earnings, totaling Shs.577,684.

[2000] KEHC 196 (KLR) High Court of Kenya

SIMON GITHAIGA MUNYOKI v ANTON NYUNGUTO WACHIRA [2000] KEHC 285 (KLR)

✦ The court held that the defendant is liable for the plaintiff's injuries and awarded damages.

[2000] KEHC 285 (KLR) High Court of Kenya

MARY ROSE ADHIAMBO MEJA v REGINALD MAJOR OMULO [2000] KEHC 362 (KLR)

✦ The applicant was not served with the court process, and the ex-parte judgment and subsequent orders must be set aside.

[2000] KEHC 362 (KLR) High Court of Kenya

Thoya v Republic [2000] KEHC 521 (KLR)

✦ Conviction and sentence for carrying uninsured passengers are set aside. Conviction and sentence for causing death by dangerous driving are upheld, but the fine is increased to Shs 10,000 and the disqualification from driving is reduced to 2 years.

[2000] KEHC 521 (KLR) High Court of Kenya

GEOFREY KARIUKI & ANOTHER v REPUBLIC [2000] KEHC 52 (KLR)

✦ The appellants' conviction is unsafe and the appeal is allowed. The conviction and sentence of death are quashed and the appellants are released.

[2000] KEHC 52 (KLR) High Court of Kenya

STALLION INSURANCE COMPANY LTD vs CRESTED SEA AGENCIES LTD [2000] KEHC 482 (KLR)

✦ The application is dismissed with costs as the delay in bringing the application was inordinate and unreasonable.

[2000] KEHC 482 (KLR) High Court of Kenya

SOTIK DAIRY CREAMERIES LTD vs IN THE MATTER OF THE COMPANIES ACT [2000] KEHC 494 (KLR)

✦ The application is dismissed with costs.

[2000] KEHC 494 (KLR) High Court of Kenya

UHURU HIGHWAY DEVELOPMENT LIMITED & 3 OTHERS v CENTRAL BANK OF KENYA & 2 OTHERS [2000] KEHC 421 (KLR)

✦ A stay of execution for 14 days is granted

[2000] KEHC 421 (KLR) High Court of Kenya

SUSAN KAGWIRI KIRIMI vs JAPHET KIRIMI MBURUGU [2000] KEHC 225 (KLR)

✦ The Marriage between the Respondent, which was solemnized at Katheri Methodist Church on August 24, 1993, is hereby dissolved. The Petitioner Susan Kagwiria Kirimi keeps the custody of the children.

[2000] KEHC 225 (KLR) High Court of Kenya

TIMOTHY JOWELL KAMANO v KARIUKI GITHUA [2000] KEHC 189 (KLR)

✦ The application has no merit and is dismissed with costs

[2000] KEHC 189 (KLR) High Court of Kenya

STEPHEN WALWE SHEM & 3 OTHERS v UNITED INTERNATIONL INVESTIGATIVE SERVICES (K) LIMITED [2000] KEHC 279 (KLR)

✦ The termination of the Plaintiff's employment was lawful as he participated in a strike.

[2000] KEHC 279 (KLR) High Court of Kenya

SAMUEL WANGURU NJOROGE v KENYA BUS SERVICES LTD [2000] KEHC 155 (KLR)

✦ The driver was 70% to blame and the plaintiff 30%. The defendant is vacariously liable.

[2000] KEHC 155 (KLR) High Court of Kenya

S. M. W. NJUGUNA & 3 OTHERS v MATAARA TEA FACTORY CO. LTD & 8 OTHERS [2000] KEHC 499 (KLR)

✦ The suits are closed as being spent and each party do pay their own costs.

[2000] KEHC 499 (KLR) High Court of Kenya

Parbat & Company Limited v Kenyatta University [2000] KEHC 552 (KLR)

✦ Plaintiff's preliminary objections are rejected, and the Chamber Summons is allowed.

[2000] KEHC 552 (KLR) High Court of Kenya

SAMWEL MUCHURI W. NJUGUNA & 6 OTHERS vs THE MINISTER OF AGRICULTURE [2000] KEHC 115 (KLR)

✦ The application for leave to apply for orders of certiorari and prohibition has no legal foundation and will not give applicants any remedy or effective remedy.

[2000] KEHC 115 (KLR) High Court of Kenya

FRANCIS ORIKO & ANOTHER v JACOB KUMALI MUNG’ALLA [2000] KEHC 55 (KLR)

✦ Application for temporary injunction and stay of eviction proceedings is refused with costs to the respondent.

[2000] KEHC 55 (KLR) High Court of Kenya

Kenyan case law