Kenyan case law

PETRO OIL KENYA LIMITED vs OMAR TRANSMOTORS LIMITED [2003] KEHC 687 (KLR)

✦ The application is dismissed with costs

MWANGI NGURO v COMMISSIONER OF LANDS [2003] KEHC 614 (KLR)

✦ The court declares the plaintiff to be the owner of the land and grants judgment for the plaintiff in the first prayer but not on the second prayer with costs to the plaintiff.

MANJIT SINGH SETHI vs PARAMOUNT UNIVERSAL BANK LTD [2003] KEHC 509 (KLR)

✦ The judge disqualifies himself from hearing the case due to the allegations of bias and improper interference with the cause of justice.

Muthui v Muthui [2003] KEHC 945 (KLR)

✦ The application is granted, and the enforcement of the judgment dated March 12, 2003, is stayed pending the hearing and determination of the intended appeal in the Court of Appeal.

MARY WAIRIMU KIRANGA v FRANCIS PETER KIRANGA [2003] KEHC 174 (KLR)

✦ The court finds that the plaintiff contributed to the purchase of the properties either directly or indirectly and grants orders in terms of prayers 2(i) and (ii), prayer (3) and (6) of the Originating Summons.

NYAMODI OCHIENG NYAMOGO v KENYA POSTS & TELECOMMUNICATIONS CORPORATION [2003] KEHC 708 (KLR)

✦ The amendments must be properly shaded and filed in a fresh document, and the Plaintiff is ordered to file a properly shaded amendment within 7 days.

JOSEPH SEREM KEITANY v REPUBLIC [2003] KEHC 296 (KLR)

✦ The conviction and sentence are confirmed

REGINA WANJIRU KIMANI v TERESIA WANJIRU HEZEKIA [2003] KEHC 877 (KLR)

✦ The application to revoke the grant of letters of administration is dismissed with costs.

PETER KAMAU KAIGOYA vs AZIZ ABBA ABDALLA [2003] KEHC 904 (KLR)

✦ The appeal is hereby dismissed with costs to the applicant.

SAMUEL KAMAU KARIUKI & ANOTHER V REPUBLIC [2003] KEHC 335 (KLR)

✦ The appellants were properly and rightly convicted of simple robbery and the sentence is reasonable.

ERASTUS MWACHONDO NGALA V REPUBLIC [2003] KEHC 417 (KLR)

✦ The appeal is dismissed in its entirety

DOMINIC PETER KOKO MBAI vs YUSUF SADIK IBRAHIM AKABHA ) YUSIRI SADIK IBRAHIM AKASHA ) [2003] KEHC 176 (KLR)

✦ The court awards the plaintiff Kshs.1,200,000/= for pain and suffering and Kshs.253,000/= for loss of earnings. The plaintiff is awarded costs of the suit.

Macharia v Guardian Bank Ltd & another [2003] KEHC 944 (KLR)

✦ The application for leave to amend the defence and join a third defendant is granted.

TERESIA CHELAGAT TUWEI & ANOTHER v ALBERT SAINA [2003] KEHC 34 (KLR)

✦ The appeal is allowed, the orders of the Principal Magistrate dismissing the application are set aside, and the decree is set aside with all consequential orders.

Kinyanjui v Goko (Returning Officer, Electoral Commission of Kenya) & another (2008) 2 KLR (EP) 450 [2003] KEHC 970 (KLR)

MUTUA NDETEI vs DUNCAN MUTINDA KITHEMBE [2003] KEHC 62 (KLR)

✦ The court grants the application for summary judgment in favor of the plaintiff, declaring that the plaintiff is the owner of the land and ordering the defendant to vacate the land.

ANNE MURIITHI,LILIAN KATHOKI,NAOMI NZISA,MARY NZOMO,ANNE NJERU & JANE SYOMBUA SAMMY vs THE HEADMISTRESS MKS GIRLS,THE CHAIRMAN,BOARD OF GOVERNORS & WAMBUA MAKAU [2003] KEHC 71 (KLR)

✦ The court awarded damages to the plaintiffs for their injuries and medical expenses.

NICOLAS MURIITHI v MARGARET RUGURU & 4 others [2003] KEHC 13 (KLR)

✦ The appeal is incompetent and dismissed.

Nakusa v Tororei (Returning officer, Turkana South Constituency) & others (2008) 2 KLR (EP) 445 [2003] KEHC 988 (KLR)

KABIRO NDAIGA & CO. ADVOCATES vs KENYA TEA DEVELOPMENT AGENCY LTD [2003] KEHC 694 (KLR)

✦ The ex-parte default judgment is set aside, but the defendant is ordered to pay costs.

AMIN MOHAMED KHAN vs REPUBLIC. [2003] KEHC 458 (KLR)

✦ The appeal is allowed and the appellant’s conviction is quashed. The appellant will be set at liberty unless lawfully held.

EAST AFRICAN MOLASSES CO. LTD vs AUTO SPOT ENTERPRISES LTD [2003] KEHC 557 (KLR)

✦ The court dismisses the summary judgment motion and grants the defendant an unconditional leave to defend.

Abdul Karim Hassanally; Nyota Service Station Ltd v Westco Kenya Ltd; Mwai Kibaki; Kibaki Mureithi; Dr. John Kabiru (Civil Suit 1338 of 1997) [2003] KEHC 1017 (KLR) (Civ) (10 April 2003) (Ruling)

✦ The President is immune from civil proceedings while holding office, but this does not absolve him from civil liability. The suit against the second defendant is struck out.

Muya Gitao v Timothy Kingondu Moki [2003] KEHC 758 (KLR)

✦ The appeal is dismissed with 1⁄2 costs to the appellant. Liability is apportioned at 50%-50% between the driver of the motor vehicle and the cyclist.

Hassanally & another v Westco Kenya Ltd & 3 others (Civil Suit 1338 of 1997) [2003] KEHC 569 (KLR) (Civ) (10 April 2003) (Ruling)

✦ The court allows the oral application and strikes out the name of the second defendant (the President) from the suit without prejudice to the right of the plaintiffs to re-institute the suit after the second defendant ceases to be the President of the Republic of Kenya.