Kenyan case law

JOHARI MATAMBAA v REPUBLIC [2002] KEHC 427 (KLR)

✦ The court finds the appellant guilty of stealing the motor vehicle and confirms the sentence of three years imprisonment with one stroke of the cane.

DISMAS ONYANGO ODERO v REPUBLIC [2002] KEHC 339 (KLR)

✦ Bail should be granted but on stringent terms

JESSE WANJAHI KIROGOI v JULIUS KAMAU MBUGUA [2002] KEHC 829 (KLR)

✦ The appeal is allowed, the lower court order is set aside, and the respondent is given 12 months to vacate the appellant's land.

RUTH NJOKI NDEGWA v RECEIVER FOR CONTINENTAL CREDIT FINANCE LTD & ANOTHER [2002] KEHC 736 (KLR)

✦ The court held that the order granting the release of the original title deed did not provide an effective remedy for the plaintiff as the sale had become null and void due to the failure to file an application for consent of the Land Control Board within six months of the sale.

N.A.S v N.A.Y [2002] KEHC 589 (KLR)

✦ The plaintiff's counsel is ordered to amend the pleadings within 4 weeks, and the custody of the children remains with the plaintiff pending further orders.

ELIZABETH MARY WAIRIMU KIBANDI & ANOTHER v KISUMU BANCO MANUFACTURERS LIMITED & ANOTHER [2002] KEHC 597 (KLR)

✦ The court held that the defendants were 40% liable for the accident and that the deceased was 60% liable.

Pradhan v Attorney General & another [2002] KEHC 1101 (KLR)

BERTHA ALPHONSO v PETER WAMBUA NGYEMA [2002] KEHC 848 (KLR)

✦ The Tribunal was in error in the re-assessment of the standard rent by relying on an assessment report based on estimates of construction cost. The case should be remitted to the tribunal for reassessment.

JOHN NZYIMI MBIVYA vs REPUBLIC [2002] KEHC 156 (KLR)

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

SEBASTIAN MPUTHIA MWUARANIA v JAMES GITHUKU GATUNE [2002] KEHC 713 (KLR)

✦ The application is dismissed with costs.

RICHARD M. MWAMBURA & 8 OTHERS v CHIEF MAGISTRATE, MOMBASA & ANOTHER [2002] KEHC 248 (KLR)

✦ The application is dismissed with costs

Eldoret Municipal Council v Rural Housing Estates Ltd [2002] KEHC 1200 (KLR)

✦ The court denied the application for stay of arbitration proceedings.

SAMSON MUSILWA JAIRA v REPUBLIC [2002] KEHC 147 (KLR)

✦ The convictions and sentences for counts involving robbery with violence and breaking into a building are set aside and substituted with those involving handling stolen property. The prison terms for the substituted counts are reduced.

JOHN NZYIMI MBIVYA vs REPUBLIC (? 1242 of 2001) [2002] KEHC 902 (KLR) (11 July 2002)

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

JOHN PATRICK MACHIRA v PATRICK KAHIARU MUTURI [2002] KEHC 616 (KLR)

✦ The defendant's mental state was not established, and the plaintiff's claim was not rebutted. The defendant's mental state was not established, and the plaintiff's claim was not rebutted.

PETROSA GENERAL CONTRACTORS vs FLAGSHIP CARRIERS LIMITED [2002] KEHC 615 (KLR)

✦ Application for adjournment is granted

JOSEPH ODHIAMBO APONDI v CMB PACKAGING (K) LTD [2002] KEHC 974 (KLR)

✦ The appeal is dismissed with costs.

JOHNSON MBUGUA v ELIZABETH RUGURU & 5 OTHERS [2002] KEHC 975 (KLR)

✦ The appeal is dismissed

MICERE KIBUTHIA & ANOTHER v BENSON GATHIRWA NGUGI [2002] KEHC 845 (KLR)

✦ The appeal is dismissed with no order as to costs.

SAMUEL KIMANI MUTU vs WAMBUI GATHINA,MUMBI GATHINA [2002] KEHC 102 (KLR)

✦ The award made by District Officer Gatundu is ultra vires the order of the court dated 17th April, 2001 and has to be set aside.

JOHN OKUMU AKELLO v JOB OLOO [2002] KEHC 788 (KLR)

✦ The application is dismissed with costs to the defendant.

JOHN MWANIKI KAROBIA & ANR v HENRY NJOROGE KAROBIA & ANR [2002] KEHC 877 (KLR)

✦ The application for stay has no merit and is dismissed with no orders for costs

RASHID SALIM MOHAMED v KHADIJA ALI MOHAMED [2002] KEHC 648 (KLR)

✦ The preliminary objection is dismissed. The application for mandatory injunction is not dismissed.

JOHN MWANIKI KAROBIA & ANR v HENRY NJOROGE KAROBIA & ANR [2002] KEHC 977 (KLR)

✦ The application for stay has no merit and is dismissed with no orders for costs.

MOMBASA MAIZE MILLERS LIMITED v GABRIEL NDUNGU T/A GATHIMA STORE [2002] KEHC 705 (KLR)

✦ The court grants the application, ordering the properties to be placed at the disposal of the court until the case is heard and determined or further orders are made.