Kenyan case law

• Alfred Mochama Nyabena & another v Republic [2001] KEHC 813 (KLR)

  ✦ The appeals are dismissed. The learned trial magistrate's findings are upheld. The case is remitted back to the learned trial magistrate for hearing.

  [2001] KEHC 813 (KLR) High Court of Kenya 8 May 2001

• DENIS MULWA MUSAU AND OTHERS vs REPUBLIC [2001] KEHC 354 (KLR)

  ✦ The conviction is quashed and sentences set aside. Fines if paid to be refunded.

  [2001] KEHC 354 (KLR) High Court of Kenya 7 May 2001

• CRY MAGLOIRE FOUASSO vs REPUBLIC [2001] KEHC 226 (KLR)

  ✦ The terms of bond imposed by the lower court are harsh. The bail terms are varied as follows: each applicant is released on bond of 100,000/= plus a Kenyan surety of like sum, and the applicants are required to report to the investigating officer once a week.

  [2001] KEHC 226 (KLR) High Court of Kenya 7 May 2001

• REPUBLIC vs KITHEKA NTHIA [2001] KEHC 194 (KLR)

  ✦ The accused is acquitted of the offence as laid.

  [2001] KEHC 194 (KLR) High Court of Kenya 7 May 2001

• ALSAFRA HEALTH CARE LTD. vs KAM PHARMACY LTD.,KAM PHARMACY (WESTLANDS) LTD & KAM PHARMACY (HARAMBEE AVENUE) LTD [2001] KEHC 560 (KLR)

  ✦ The court struck out the plaint with costs as the plaintiff's claim does not disclose a cause of action.

  [2001] KEHC 560 (KLR) High Court of Kenya 7 May 2001

• DANIEL NG’ANG’A MUGO vs HENRY MWANGI KIHONGE [2001] KEHC 172 (KLR)

  ✦ The court allows the application for a temporary injunction in favour of the Plaintiff.

  [2001] KEHC 172 (KLR) High Court of Kenya 7 May 2001

• IN RE THE ESTATE OF JAMES ARAN NJAU KIBUE [2001] KEHC 742 (KLR)

  ✦ The objectors have not convinced the court they have any right to part of the deceased estate and are dismissed with costs.

  [2001] KEHC 742 (KLR) High Court of Kenya 7 May 2001

• Standard Chartered Bank Kenya Ltd v Arjan [2001] KEHC 850 (KLR)

  ✦ The court allows the motion for summary judgment and enters judgment for the plaintiff.

  [2001] KEHC 850 (KLR) High Court of Kenya 4 May 2001

• REPUBLIC vs YASH PAL GHAI & THE CONSTITUTION OF KENYA REVIEW COMMISSION Ex Parte SAMSON MWANGI GAITHO, SILAS YEGO,GERRY KIBABARA, A. K. AKIDIVA, JOSEPH OGUTU, ELKANA SALAMBA, STEPHEN MBURU, J.WANJALA, J. NYATUKA, PATRICK GITAU & ARTHUR KITONGA [2001] KEHC 91 (KLR)

  ✦ The application will be adjourned so that all parties can be served and the application can be heard.

  [2001] KEHC 91 (KLR) High Court of Kenya 4 May 2001

• KAMALIZA SECURITY GUARDS vs ZAKHEM CONSTRUCTION (K) LTD. [2001] KEHC 676 (KLR)

  ✦ The application for stay of execution is dismissed with costs.

  [2001] KEHC 676 (KLR) High Court of Kenya 4 May 2001

• REPUBLIC vs ATTORNEY GENERAL [2001] KEHC 87 (KLR)

  ✦ The application is not against the Attorney General and the defect in form does not invalidate the application. The Plaintiff's application is intituled as Plaintiff - versus – Attorney General, which is incorrect.

  [2001] KEHC 87 (KLR) High Court of Kenya 3 May 2001

• OSHODI MWEKE UMAR ALIAS OSHODI OREKE vs REPUBLIC [2001] KEHC 236 (KLR)

  ✦ The appeal is dismissed.

  [2001] KEHC 236 (KLR) High Court of Kenya 3 May 2001

• ENOCK SEGERO vs BENARD MUASYN WAMBUN & ANOTHER [2001] KEHC 137 (KLR)

  ✦ The 1st and 2nd defendant are liable for the accident jointly and severally at 100%. The case against the 3rd parties is dismissed.

  [2001] KEHC 137 (KLR) High Court of Kenya 3 May 2001

• Ng'eny v Attorney General & another (Miscellaneous Application 406 of 2001) [2001] KEHC 746 (KLR) (3 May 2001) (Ruling)

  ✦ The grant of leave granted in this application shall operate as a stay.

  [2001] KEHC 746 (KLR) High Court of Kenya 3 May 2001

• ALI ELMI SANEY & HALIMA ABDI RAHAMAN vs MOHAMED BAKARI & ALI HARAMEIN FOUNDATION [2001] KEHC 134 (KLR)

  ✦ The court awards Ksh.180,000 in general damages, including Ksh.10,000 for pain and suffering, Ksh.70,000 for loss of expectation of life, and Ksh.100,000 for lost years. The claim for special damages is dismissed.

  [2001] KEHC 134 (KLR) High Court of Kenya 3 May 2001

• AVVERSI ERNESTO & ANOTHER vs RICCARDO LIZIER & 2 OTHERS [2001] KEHC 520 (KLR)

  ✦ The court finds that the plaintiffs have proved their case on balance of probabilities and grants the plaintiffs' claims for a declaration of ownership, an injunction, and an order for the transfer of legal and beneficial title of the property to the plaintiffs.

  [2001] KEHC 520 (KLR) High Court of Kenya 3 May 2001

• ALARIC B. Da CUNHA vs NAIROBI GOLF HOTELS (K) LIMITED t/a THE WINDSOR GOLF & COUNTRY CLUB [2001] KEHC 671 (KLR)

  ✦ The application is allowed, and the defendant is ordered to file and serve further and better particulars of paragraphs 9 and 10 of its defence and counter-claim within 14 days.

  [2001] KEHC 671 (KLR) High Court of Kenya 3 May 2001

• IN RE THE ESTATE OF ARVINDER SINGH DHINGRA [2001] KEHC 769 (KLR)

  ✦ The court confirmed the grant of letters of administration to the widow and family accountant, and proposed consolidating the two Succession Causes and filing appeals from the decision.

  [2001] KEHC 769 (KLR) High Court of Kenya 3 May 2001

• BRITE PRINT (K) LIMITED vs ATTORNEY GENERAL [2001] KEHC 674 (KLR)

  ✦ The Defendant's Defence is struck out

  [2001] KEHC 674 (KLR) High Court of Kenya 3 May 2001

• Republic v David Ruo Nyambura & 4 others [2001] KEHC 826 (KLR)

  ✦ The court finds the accused not guilty of murder and acquits them.

  [2001] KEHC 826 (KLR) High Court of Kenya 2 May 2001

• ELIJAH OLE KOOL vs GEORGE IKONYA THUO [2001] KEHC 648 (KLR)

  ✦ The court finds that the defendant was negligent and that this negligence was a cause of the plaintiff's son's death.

  [2001] KEHC 648 (KLR) High Court of Kenya 2 May 2001

• MOSES WACHIRA WAMUNYU vs FREDRICK KAGIO KINYUA & 4 OTHERS [2001] KEHC 164 (KLR)

  ✦ The application for stay of orders pending appeal is dismissed with costs. The temporary stay granted on 2/5/2001 and extended variously is hereby vacated.

  [2001] KEHC 164 (KLR) High Court of Kenya 2 May 2001

• MBULA KAMULI vs REPUBLIC [2001] KEHC 713 (KLR)

  ✦ The appeal is dismissed in its entirety. The plea of guilty was considered unequivocal and the sentence was lawful.

  [2001] KEHC 713 (KLR) High Court of Kenya 30 April 2001

• ROGERS MACHIWA ETALE vs JOACHIM SAMWELL LEMA & ANOTHER [2001] KEHC 528 (KLR)

  ✦ Judgment be and is hereby entered as prayed in the above consent.

  [2001] KEHC 528 (KLR) High Court of Kenya 30 April 2001

• PETER MAINA GATHUA vs REPUBLIC [2001] KEHC 363 (KLR)

  ✦ The misdescription of the section of the Penal Code did not prejudice the appellant's conviction. The omission of the specific felony intended to be committed did not occasion a failure of justice.

  [2001] KEHC 363 (KLR) High Court of Kenya 30 April 2001