Kenyan case law

BLUE SHIELD INSURANCE COMPANY vs ABRAHAM K. NDEGWA [2002] KEHC 866 (KLR)

✦ The appeal is dismissed with costs, as the respondent was a fare-paying passenger and the appellant had acknowledged the respondent's right to the payment of the decretal sum awarded in the primary suit.

AMY KAGENDO GICHARU vs STANDARD CHARTERED BANK LTD & ANOTHER [2002] KEHC 775 (KLR)

✦ The court grants a prohibitive injunction on the balance of convenience and orders the defendants to reinstate the plaintiff to her residential premises.

Muthaiga Mini Market Ltd v Leisure Lodges Ltd [2002] KEHC 1220 (KLR)

✦ The application is allowed, and the statement of defence is struck out. Judgment is entered for the plaintiff. The interim liquidators are entitled to be paid out of the company's property all costs, charges, and expenses properly incurred as interim liquidators.

MOHANSONS FOOD DISTRIBUTORS LTD. vs LEISURE LODGE LTD. [2002] KEHC 674 (KLR)

✦ The court found the defendant's statement of defence to be frivolous and vexatious and granted the plaintiff's application to strike out the statement of defence and enter judgment.

JOHN IBRAHIM AND 8 OTHERS vs TAL HOLDINGS LIMITED & GEORGE R. MAINGI T/A MUGEMA ENTERPRISES [2002] KEHC 747 (KLR)

✦ The suit against the 2nd defendant is dismissed with costs.

REPUBLIC vs KENNETH MBOGO MARARO KENNETH MBOGO [2002] KEHC 225 (KLR)

✦ The order of prohibition is granted, and the proceedings before the lower court against the applicant in Criminal Case No. 6366 of 2001 are terminated.

REPUBLIC vs BONIFACE MUTHENGI,HEADMASTER KITUI HIGH SCHOOL & ANOTHER [2002] KEHC 612 (KLR)

✦ The decision of the Board of Governors is quashed and set aside.

ANGELINA SILA MUIA vs MOTHERS FAVOURITE LTD [2002] KEHC 513 (KLR)

✦ The court finds the defendant was vicariously liable and awards the plaintiff Shs. 1,087,600/- in damages.

MOMBASA FIRE BRIGADE ASSOCIATION vs MUNICIPAL COUNCIL OF MOMBASA [2002] KEHC 602 (KLR)

✦ plaintiff is entitled to overtime payment in cash as claimed

ONESMUS NDONGA GICHUHI vs JUSTINE SANGA BARAWA [2002] KEHC 238 (KLR)

✦ The court finds no merit in the objections raised by the respondent and allows the application, granting a vesting order in the property

MUHANDIS ABEID SAID & ANOTHER vs S.S. NURANI [2002] KEHC 695 (KLR)

✦ The file will be returned to the taxing master to record his reasons for allowing the disputed item. No stay is granted for the payment of undisputed amount.

In Re: I. (An Infant) [2002] KEHC 1042 (KLR)

✦ The court authorizes GS S to adopt the infant and authorizes her to remove the baby from the jurisdiction of the court to her home in New York, upon adoption.

N W M vs R N M [2002] KEHC 925 (KLR)

✦ The Petitioner's petition is dismissed in its entirety. The Respondent's cross-petition succeeds in terms of prayer (a) as to dismissal of the petitioner's petition and prayer (b) restitution of conjugal rights to the Respondent.

OMAR MOHAMED) HATIMY SAID OMAR MOHAMED )MANTHURA OMAR MOHAMED )UMI OMAR MOHAMED vs MUHIDDIN OMAR MOHAMED and 7 Others [2002] KEHC 986 (KLR)

✦ The court orders that the other respondents be served within 30 days and that the application by summons dated 20.6.2001 be heard on the 17.7.2002 if the parties will not have agreed on an administrator to the estate.

In Re: HARUN MUHIA MUGONYI alias MUHIA MUGONYI (Deceased) [2002] KEHC 1008 (KLR)

✦ The summons for revocation of grant is dismissed. The parties are directed to go back to the Senior Principal Magistrate's court at Kiambu for re-distribution of the estate, with or without an increased number of beneficiaries as that court may deem fit.

SAID OMAR MOHAMED & 2 OTHERS vs MUHIDDIN OMAR MOHAMED & 7 OTHERS [2002] KEHC 900 (KLR)

✦ The court orders that the other respondents be served within 30 days and that the application by summons dated 20.6.2001 be heard on the 17.7.2002 if the parties do not agree on an administrator for the estate.

In Re Estate of Mburu Gitau (Deceased) [2002] KEHC 1219 (KLR)

✦ The summons for annulment is dismissed with costs to the administrator.

In Re Estate of Ngugi (Deceased) [2002] KEHC 1232 (KLR)

N W M vs R N M [2002] KEHC 299 (KLR)

✦ Petitioner's petition for dissolution of marriage is dismissed. Respondent's cross-petition for restitution of conjugal rights is granted.

NATHAN ISAAC AYAKO vs K.E.T.R.I. BOARD OF MANAGEMENT [2002] KEHC 1072 (KLR)

✦ The appeal is dismissed with costs.

Kitur v Standard Chartered Bank & 2 others [2002] KEHC 1128 (KLR)

✦ The application is dismissed with costs to the respondents

JEREMIAH KORASH vs THE REGISTRAR GENERAL [2002] KEHC 265 (KLR)

✦ The Registrar's decision was made in excess of his jurisdiction, was ultra vires, arbitrary, unilateral and unlawful.

DAVID WAITHAKA CHEGE vs REPUBLIC [2002] KEHC 120 (KLR)

MARTHA MOTHONI & SIX OTHERS vs HALIMA MOHAMMED ALI [2002] KEHC 669 (KLR)

✦ The applicants are not entitled to a mandatory injunction and the application is dismissed with costs.

REPUBLIC vs THE HONOURABLE ATTORNEY-GENERAL & ANOTHER [2002] KEHC 1057 (KLR)

✦ The court granted the leave to apply for Certiorari and Prohibition and ordered it to operate as a stay until the intended application is filed, heard, and determined.