Kenyan case law

REPUBLIC v LYDIA OMUKOBA [2006] KEHC 852 (KLR)

✦ The court finds the prosecution failed to prove the accused's guilt beyond reasonable doubt and acquits her

SANDE INVESTMENTS LIMITED T/A WESTLANDS COTTAGE HOSPITAL & 3 others v KENYA COMMERCIAL BANK LIMITED & 6 others [2006] KEHC 797 (KLR)

✦ The instruction fees are reduced to KShs.70,000

OSERO AND COMPANY ADVOCATES v LABHSONS LIMITED [2006] KEHC 886 (KLR)

✦ The application for citation and committal of the respondent and Mr. Manvinder Singh Sokhi for contempt of court is dismissed.

AKABA INVESTMENTS LIMITED v KENROID LIMITED [2006] KEHC 795 (KLR)

✦ The court held that the plaintiff's verifying affidavit was incompetent and ordered it to be struck out.

Samson Nyantori Kibure v Republic [2006] KEHC 389 (KLR)

✦ The appeal is well-merited, conviction and sentence quashed

A.M. KIMANI & CO. ADVOCATES v KENINDIA ASSURANCE CO. LTD [2006] KEHC 885 (KLR)

✦ The court granted summary judgment in favor of the applicant for KShs. 78,566/80 and awarded the applicant the costs of the application.

PAPER HOUSE OF KENYA LTD v REPUBLIC [2006] KEHC 3518 (KLR)

✦ The Appellant’s Appeal must fail. The conviction and sentence are upheld.

Robert Nelson Ngethe v Mbogori Njeru & another [2006] KEHC 3493 (KLR)

✦ The trial cannot proceed in the absence of the lost documents and materials, and the 1st Respondent (Returning Officer) should bear the costs.

Brown Inziani v Republic [2006] KEHC 767 (KLR)

✦ The High Court set aside the terms of bond issued by the trial magistrate and substituted them with a new order granting bail to the applicant on the terms of a bond of Ksh.100,000/= with a surety of the same amount or cash bail of Ksh.30,000/=

MOHAMED ALI AHMED v REPUBLIC [2006] KEHC 911 (KLR)

✦ The conviction and sentence are set aside, and the Appellant is discharged and set at liberty.

DAVIES MWANGI KINYUA T/A KIAMUNYI TYRE DEALERS & AUTO ACCESSORIES v FIRESTONE EAST AFRICA (1960) LIMITED [2006] KEHC 3386 (KLR)

✦ The court dismissed the Plaintiff's claim, finding that the Plaintiff failed to prove on a balance of probability that he was not indebted to the Defendant and that the Defendant did not breach the contract.

MUTURI INVESTMENTS LIMITED v NATIONAL BANK OF KENYA LIMITED [2006] KEHC 889 (KLR)

✦ The court orders the consolidation of the two suits, with Muturi Investments Limited as the 1st Plaintiff and Nairobi Mamba Village Limited as the 2nd Plaintiff, while The National Bank of Kenya Limited is the Defendant.

DESBRO KENYA LIMITED v NJOKA TANNERS [2006] KEHC 914 (KLR)

✦ The Plaintiff has proved its case against the Defendant, and the Plaintiff is awarded K.Shs.946,799/70, US $25,000, and costs of the suit.

NICHOLAS AWANDO v TECHLA WANZUU [2006] KEHC 634 (KLR)

✦ The transfer of the suit from the High Court at Kisumu to the High Court at Nairobi is an illegality and is therefore struck off with no costs.

Peter Maina Mwangi v Republic [2006] KEHC 480 (KLR)

✦ The appeal is dismissed. The appellant is convicted of attempted robbery.

FREDRICK MWAZUNA MJUMWA v REPUBLIC [2006] KEHC 516 (KLR)

✦ The appeal against conviction is dismissed, and the appeal against sentence is allowed with a reduced sentence of one year imprisonment.

JOHN MULWA NZIOKI v PHILIP KIVUVA NZIOKA & another [2006] KEHC 3372 (KLR)

MANJIT SINGH SETHI & another v SSAMSON KARIUKI NJENGI & another [2006] KEHC 944 (KLR)

✦ The exparte judgement entered on 16th June, 2003 is set aside, and the Defendants are granted leave to defend the suit and file their defence within 14 days from the date of the judgement.

Austin Salmon Katololo v Middle East Bank Ltd & 4 others [2006] KEHC 605 (KLR)

✦ The court dismissed the plaintiff's claims and ordered the defendant to pay certain costs.

MARGE ENTERPRISES LIMITED v KENYA ALLIANCE INSURANCE COMPANY LTD [2006] KEHC 935 (KLR)

✦ The application is refused and dismissed inter costs.

JOHN MUTISYA NGILE v NTHAMBI PAUL MUTISYA [2006] KEHC 586 (KLR)

✦ The award of Kshs. 340,000 is set aside and replaced with Kshs. 200,000

Elikana Mukundi Gatimu & another vs John B Muya & 3 others [2006] KEHC 892 (KLR)

✦ The court has jurisdiction to stay the execution of the order of taxation pending the hearing and determination of the intended reference.

African Linear Agencies Ltd v Afroreight Forwarders Ltd [2006] KEHC 604 (KLR)

✦ The appeal is allowed, the judgment of the Resident Magistrate is set aside, and the suit is struck out with costs to the Appellant.

MUTULA KILONZO t/a NAKU MODERN FEEDS v WILLAM NJOROGE [2006] KEHC 67 (KLR)

✦ The appeal is dismissed with costs to the respondent

JEMIMAH NJERI NJOROGE & ANOTHER V RUTH WANJIRU NJOROGE [2006] KEHC 927 (KLR)

✦ The application is dismissed