Kenyan case law

JOTHAM OOKO ONDUSO vs REPUBLIC [2003] KEHC 231 (KLR)

✦ The conviction on the misrepresented employee count is safe and the appeal against it is dismissed. The offence is prevalent in the area and the sentence of 18 months imprisonment is upheld.

OMAR MOHAMMED & 3 OTHERS vs ASTROL ENTERPRISES LTD. & 2 OTHERS [2003] KEHC 732 (KLR)

✦ The court struck off the defendants' defence and entered summary judgment in favor of the plaintiffs.

DAYSTAR UNIVERSITY vs JOSHUA NDAVI [2003] KEHC 795 (KLR)

✦ the award of Kshs 90,000/= in general damages is justified and not excessive

PETER GICHUKI V FRANCIS MBEGA [2003] KEHC 701 (KLR)

✦ The plaintiff's suit is dismissed, and the defendant's adverse possession claim is dismissed. The court declares the title invalid and orders rectification of the register and cancellation of the plaintiff's certificate of lease.

LYDIA NJERI KARANJA …. vs JANET NYOKABI NDUNGU [2003] KEHC 237 (KLR)

✦ Application for leave to add two more names dismissed with costs

Arthur Matere Otieno v Dorina Matsanza [2003] KEHC 986 (KLR)

✦ The plaintiff's suit is dismissed with costs to the defendant. The registration of land parcel number KAKAMEGA/LUGARI/159 in the name of the plaintiff is cancelled. The title to the land will revert to the late original allotee, late Dixon Matsanza. The plaintiff is at liberty to pursue PW2 for a refund of the purchase price paid with interest.

DAVID KITUU NZUMA vs EPCO BUILDERS LIMITED [2003] KEHC 638 (KLR)

✦ The court finds the employer negligent and awards the Plaintiff Kshs.456,550.

PETER WASONGA LAKTAR vs BOMAS OF KENYA LIMTIED [2003] KEHC 734 (KLR)

✦ Section 62 of the Kenya Wildlife (Conservation and Management) Act does not bar civil courts from assuming jurisdiction over claims for wildlife injury.

KENBOX INDUSTRIES LTD V RAMESH SHAH [2003] KEHC 738 (KLR)

✦ The suit is dismissed with costs to the defendant, as it would be unjust to dismiss the suit for want of prosecution and allow the defendant to prosecute the counterclaim.

KENYA COMMERCIAL BANK LTD vs SAMUEL GITAU KIMANI [2003] KEHC 735 (KLR)

✦ The memorandum of appearance and defence filed by the defendant in person on November 11, 2002, are struck out as they are not properly on record.

CHARLES B. JUMAE vs EXPRESS PROCUREMENT SERVICES LTD [2003] KEHC 855 (KLR)

✦ The application for leave to lodge the appeal is granted, but the appeal must be filed and prosecuted within 18 months from the date of the ruling.

DORCAS WACEKE NJOMO,IGERIA NJOMO vs CATHERINE WACEKE NJOMO [2003] KEHC 756 (KLR)

✦ The application is dismissed with no order for costs.

Bett v Electoral Commission of Kenya & 2 others (No 2) (2008) 2 KLR (EP) 461 [2003] KEHC 979 (KLR)

DANIEL KOIBURI NGIGE vs REPUBLIC [2003] KEHC 445 (KLR)

✦ The appeal is allowed, the orders made by the magistrate and confirmed by the superior court are set aside, and the fine must be refunded to the appellant.

BARNABAS OMORI vs REPUBLIC [2003] KEHC 920 (KLR)

✦ The appeal is allowed on sentence, reducing the imprisonment in Count 1 to four years and in Count 2 to four years, both to run concurrently.

PAUL OJIGO OMANGA T/A VICTORIA VIEW HOTEL V JAPHETH ANGILA & ANOTHER [2003] KEHC 583 (KLR)

✦ The 2nd Defendant is liable for the loss suffered by the plaintiff due to unlawful distress and eviction, and is ordered to pay jointly and severally with the 1st Defendant a sum of Kshs.2,519,480/= as pleaded and prayed in prayer (a) of the plaint.

MOHAMED BARE SHILL,SHAMSA HAJI ALI SIGARA vs ABDIKADIR HAJI DAHIR [2003] KEHC 856 (KLR)

✦ The judgment dated 28th April 1999 is set aside and the case is ordered sent back to the court at Garissa for re-trial before another competent Magistrate.

PAUL KINGOO MAKENZI V REPUBLIC [2003] KEHC 173 (KLR)

✦ The conviction for attempted robbery with violence is quashed, and the charge is reduced to assault causing actual bodily harm.

PETER MUNI KAMIRU vs SAMUEL NJIRE KIHENJA [2003] KEHC 789 (KLR)

✦ The Appellant is not entitled to the relief sought and the appeal is dismissed with costs to the Respondent

KENYA COLLOID LIMITED V JAPHETH M’MUGAMBI (K) LIMITED [2003] KEHC 506 (KLR)

✦ Defendant's application is allowed on the ground of the advocate's mistake, with conditions for the garnishee order to remain in force, security to be provided, and costs to be paid.

DENIS OKONGO vs REPUBLIC [2003] KEHC 424 (KLR)

✦ The charge was fatally defective as it did not allege unlawful carnal knowledge.

Mburu v Gakuha & 2 others (No 2) (2008) 2 KLR (EP) 457 [2003] KEHC 994 (KLR)

JOHN MARIC KULET v REPUBLIC [2003] KEHC 156 (KLR)

✦ The appeal is dismissed with respect to the conviction, but the sentence is set aside.

MUSA OTIENO GETA vs REPUBLIC [2003] KEHC 824 (KLR)

✦ The appeal is dismissed, and the sentence is reduced from 7 years to 15 months imprisonment.

BASHIR RASHID DUGOW v REPUBLIC [2003] KEHC 416 (KLR)