Kenyan case law

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.

HENRIETTER BENGER KILONZO vs NZUKI KILONZO KITTI [2003] KEHC 196 (KLR)

SARAH CHEPKOECH MITEI vs REPUBLIC [2003] KEHC 422 (KLR)

✦ The appeal is allowed, and the sentence is reduced to the period already served. The appellant is set at liberty unless otherwise lawfully held.

AGNES MUTIO MULEI vs INTERNATIONAL CENTRE OF INSECT PHYSIOLOGY & ECOLOGY (ICIPE) [2003] KEHC 805 (KLR)

✦ The appeal is allowed, and the lower court order is set aside. The application for setting aside the interlocutory judgment will be heard on its merits by another magistrate at Milimani Commercial Courts, Nairobi.

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.

BERNARD LEKASI vs REPUBLIC [2003] KEHC 308 (KLR)

✦ The appeal against conviction and sentence is dismissed.

BOTTINI GIAN CARLO vs - WALTER CIGNI & ANOTHER [2003] KEHC 507 (KLR)

✦ An order prohibiting the 1st Defendant from conducting the affairs of the 2nd Defendant particularly the business known as Baby Marrow Restaurant to the exclusion of the plaintiff pending the hearing and determination of this suit.

EDWARD NGUGI NJUGUNA vs GATHI MWANGI [2003] KEHC 793 (KLR)

✦ The court sets aside the lower court order and substitutes it with one directing the appellant to pay the respondent Kshs.35,000 with half (1⁄2) costs of this appeal and the case in the lower court to the appellant.

ANISA FARAJ vs REPUBLIC [2003] KEHC 291 (KLR)

✦ The court allows the appeal and orders the applicants to be released on their own bond of KShs.250,000/= plus 1 Surety of like sum

JOE KADENGE & OTHERS v MAINA KARIUKI HUSSEIN SWALEH,MOHAMED HATIMY & KENYA FOOTBALL FEDERATION [2003] KEHC 521 (KLR)

✦ The court denies the application for restraining orders.

DAVID KAVYU MALOMBE vs PAN AFRICA IMPEX LTD (? 1744 of 1995) [2003] KEHC 707 (KLR) (9 April 2003)

✦ The court finds the defendant at fault for not repairing the tractor and trailer and awards the plaintiff Shs6,000 in special damages and Shs200,000 in general damages.

N. G. COUROS T/A DOUROS DRILLERS LTD vs JOSHUA MAITHA MBOLE [2003] KEHC 857 (KLR)

✦ The court held the appellant wholly to blame for the accident and awarded the respondent Kshs125,000/= general damages and Kshs.2,000/= as special damages plus costs of the suit and interest.

BAHRIYA PETROLEUM LIMITED vs GULF OIL COMPANY WLL ) GIRO COMMERCIAL BANK LIMITED [2003] KEHC 511 (KLR)

✦ The chamber summons is ordered struck out with costs to the respondent.

PETER NJOROGE WAINAINA T/A BONG INVESTMENTS vs CIRIO DELMONTE (K) LTD [2003] KEHC 487 (KLR)

✦ The court finds that the land in dispute is not government land and that the plaintiff has the authority to act on behalf of Datura East Africa Ltd.

JACKSON KICHINDA vs REPUBLIC [2003] KEHC 413 (KLR)

✦ The appeal is dismissed. The sentences on the first two counts are mandatory and will not be disturbed. The sentences on the third and fourth counts are merited and will not be disturbed.

SHRIJI BUILDERS vs JOSEPH OGADA (? 158 of 1999) [2003] KEHC 859 (KLR) (9 April 2003)

✦ The appeal is allowed, and the order of the lower court is set aside. The suit subject to this appeal had abated.

JOSEPH NGUGI KOGI V REPUBLIC [2003] KEHC 395 (KLR)

✦ The conviction and sentence are quashed, and the appellant is released from prison.

Nancy Njeri Muthiani (Suing on behalf of the estate of Joseph Muthiani) v James Wambua & another [2003] KEHC 32 (KLR)

✦ The court determined the multiplier for the claim under the Fatal Accidents Act to be 10 years, resulting in an award of Kshs. 1,800,000 for the widow and no award for the children.

MUNGAI KARANJA vs REPUBLIC [2003] KEHC 310 (KLR)

✦ The conviction for defilement is set aside.

BONIFACE KIRAGU WAWERU V JAMES K. MULINGE & ANOTHER [2003] KEHC 544 (KLR)

✦ The court grants the application to set aside the judgment and orders the applicant to pay the costs of the application and the throw away costs of the suit to the respondent.

PETER MAINA MBUTHIA & ANOTHER V MARY WANGARI MBUTHIA [2003] KEHC 234 (KLR)

✦ The application to set aside the consent judgment is dismissed, and the 1st Petitioner is ordered to bear his own costs.

ELIAS BARE SHILL V ADEN SUGOW AHMED & 2 others [2003] KEHC 6 (KLR)

✦ Allow the 1st respondent leave to cross-examine the process sever, one Simon Njoroge Kagai as to his affidavit of service sworn on 18th February 2003 and filed on 21st February, 2003.

RITHARIA NGATIA & ANOTHER V CMC AVIATION LTD & ANOTHER [2003] KEHC 369 (KLR)

✦ The appeal is allowed, and the award of damages for loss of use in the sum of Kshs.139,500 is set aside. The appellant is awarded 1/2 costs of the appeal.

ROBERT KIMATHI MBAYA V REPUBLIC [2003] KEHC 811 (KLR)

✦ The appeal is dismissed in its entirety as the prosecution proved its case beyond reasonable doubt and the sentence was appropriate.

KARIUKI KIRUBI V MUNICIPAL COUNCIL OF MOMBASA & STEPHEN MWANGE MUTUA (Civil Suit 392 of 2002) [2003] KEHC 667 (KLR) (4 April 2003) (Ruling)

✦ The court granted an injunction as against the defendants jointly and severally pending the finalization of the suit.