Kenyan case law

• MARGARET WANJIRU MURAYA vs FLORENCE MWANGI & ANOTHER [2001] KEHC 505 (KLR)

  ✦ Defendant’s preliminary objection is sustained subject to the order allowing the Plaintiff leave to amend.

  [2001] KEHC 505 (KLR) High Court of Kenya 4 April 2001

• SYLVESTER MUCHINYI vs NAIROBI CITY COUNCIL [2001] KEHC 616 (KLR)

  ✦ The application is dismissed with costs as it has been overtaken by events and the Plaintiff cannot prevent what has already been done.

  [2001] KEHC 616 (KLR) High Court of Kenya 4 April 2001

• NAIROBI IRONMONGERS LIMITED vs LEONARD NDUATI KARIUKI & NELLEON DEVELOPMENT COMPANY LTD [2001] KEHC 468 (KLR)

  ✦ The court finds the defendants liable for the cheques issued and for the damages claimed. The defendants are jointly and severally liable for the sums of Shs.380,000/= and Shs.170,585/= with interest from the dates the cheques were presented for payment till payment in full.

  [2001] KEHC 468 (KLR) High Court of Kenya 4 April 2001

• NICHODEMUS OWOUR ONGONDO vs CHEMILL SUGAR COMPANY LIMITED [2001] KEHC 533 (KLR)

  ✦ The court upheld the award of general damages at K.shs. 2,000,000 and reduced it by 25% to K.shs. 1,500,000. The award for loss of future earnings is omitted.

  [2001] KEHC 533 (KLR) High Court of Kenya 3 April 2001

• MURATHE KINORO vs PUBLIC TRUSTEE [2001] KEHC 481 (KLR)

  ✦ The objection is dismissed as the matter was not actually in issue in the former suit and the claim for adverse possession was not made as a ground of attack.

  [2001] KEHC 481 (KLR) High Court of Kenya 3 April 2001

• PENINA MWIKALI MAKULA vs JANE MUTHONI MBAKA [2001] KEHC 111 (KLR)

  ✦ The court denies the application for leave to appeal as the applicant has not provided a valid reason for not filing the appeal in time.

  [2001] KEHC 111 (KLR) High Court of Kenya 2 April 2001

• REPUBLIC vs DAVID NZIOKA NYOTA & ELIJAH MUTHOKA WAMBUA [2001] KEHC 405 (KLR)

  ✦ The court finds no evidence to link the accused with the death of Daniel Makau Matolo and acquits them of the charges.

  [2001] KEHC 405 (KLR) High Court of Kenya 2 April 2001

• BERNARD MBITHI KISIVE vs REPUBLIC [2001] KEHC 345 (KLR)

  ✦ The appeal is allowed, and the appellant is set at liberty. The trial court erred in failing to comply with S.211 of the Criminal Procedure Code by not informing the appellant of his rights under the code.

  [2001] KEHC 345 (KLR) High Court of Kenya 2 April 2001

• LT. COL. J. M. MAINGI & 6 OTHERS vs JOHN TITO & 3 OTHERS [2001] KEHC 97 (KLR)

  ✦ The court finds no jurisdiction to interfere and sustains the preliminary objection, striking out both the Petition of Appeal and the application for stay of proceedings.

  [2001] KEHC 97 (KLR) High Court of Kenya 30 March 2001

• ANGELINA MASAI & ANOTHER vs REPUBLIC [2001] KEHC 270 (KLR)

  ✦ The convictions are quashed and the appellants are set at liberty

  [2001] KEHC 270 (KLR) High Court of Kenya 29 March 2001

• PETER MWEMA MUSILI vs REPUBLIC [2001] KEHC 885 (KLR)

  ✦ The appeal is dismissed as regards conviction. The sentences are reduced to 4 years imprisonment and 3 strokes of the cane, with the hard labour part set aside.

  [2001] KEHC 885 (KLR) High Court of Kenya 26 March 2001

• JOSEPH MUTINDA KALUNGU vs REPUBLIC [2001] KEHC 246 (KLR)

  ✦ The conviction is upheld as the evidence was reliable and consistent.

  [2001] KEHC 246 (KLR) High Court of Kenya 26 March 2001

• PAUL CHEGE MWANGI v REPUBLIC [2001] KEHC 27 (KLR)

  ✦ The conviction and sentence are upheld

  [2001] KEHC 27 (KLR) High Court of Kenya 26 March 2001

• FINA BANK LIMITED vs JAGDISHBHAI CHATURBHAI PATEL T/A MWANANCHI AUTO PAINTS & HARDWARE & CHARULATTA J. PATEL [2001] KEHC 664 (KLR)

  ✦ The application is dismissed with costs as there is no evidence to show that substantial loss will result from the stay of execution.

  [2001] KEHC 664 (KLR) High Court of Kenya 23 March 2001

• JOSPHAT M. MUDAMBA vs KENYA REVENUE AUTHORITY [2001] KEHC 617 (KLR)

  ✦ The dismissal was unlawful and the plaintiff is entitled to 3 months salary in lieu of notice and benefits.

  [2001] KEHC 617 (KLR) High Court of Kenya 23 March 2001

• PABECO ENTERPRISES LIMITED vs JASWINDER SINGH & 3 OTHERS [2001] KEHC 597 (KLR)

  ✦ Application dismissed with costs

  [2001] KEHC 597 (KLR) High Court of Kenya 23 March 2001

• DANIEL MATHEKA MUATINE & ANOTHER vs REDEMPTA NDUMI KYALE & ANOTHER [2001] KEHC 806 (KLR)

  ✦ The court is minded to incline to Mr. Kitonga's standpoint and denies the application for a stay of execution.

  [2001] KEHC 806 (KLR) High Court of Kenya 22 March 2001

• REBECCA MWIKALI MAKITI vs WILSON MUTAVA NDONYE [2001] KEHC 568 (KLR)

  ✦ The court found in favor of the plaintiff and granted a temporary injunction.

  [2001] KEHC 568 (KLR) High Court of Kenya 21 March 2001

• JOSHUA KIRUI vs KENYA POWER & LIGHTING CO. LTD [2001] KEHC 128 (KLR)

  ✦ The application is allowed with costs and the orders given on 16.10.2000 are discharged.

  [2001] KEHC 128 (KLR) High Court of Kenya 21 March 2001

• M v M [2001] KEHC 832 (KLR)

  ✦ The petition is dismissed as the petitioner has not proved adultery or cruelty on the required standard of proof.

  [2001] KEHC 832 (KLR) High Court of Kenya 21 March 2001

• Mosi v National Bank of Kenya Limited [2001] KEHC 842 (KLR)

  ✦ The plaint is struck out with costs to the defendant on the grounds that it discloses no cause of action against the defendant and that it is frivolous and vexatious.

  [2001] KEHC 842 (KLR) High Court of Kenya 21 March 2001

• RICHARD KAMUTU KARIUKI vs METRO CASH & CARRY K (LTD) [2001] KEHC 863 (KLR)

  ✦ The Court finds that the Plaintiff has not proved his claim and dismisses the Plaintiff's suit with costs.

  [2001] KEHC 863 (KLR) High Court of Kenya 21 March 2001

• MEGTREND ENGINEERING & SUPPLIES LTD vs IDEAL OFFICE PRODUCTS LTD & LEVI O. OBONDO [2001] KEHC 738 (KLR)

  ✦ The Defence is struck out and judgement entered for the Plaintiff as prayed for in the plaint.

  [2001] KEHC 738 (KLR) High Court of Kenya 19 March 2001

• MOHAMED O. CHEPO vs REPUBLIC [2001] KEHC 712 (KLR)

  ✦ The appeals are adjourned for hearing before two judges due to the shortage of judges in the session.

  [2001] KEHC 712 (KLR) High Court of Kenya 19 March 2001

• JUSTUS OLOO OBIERO vs REPUBLIC [2001] KEHC 802 (KLR)

  ✦ The appeals are dismissed

  [2001] KEHC 802 (KLR) High Court of Kenya 19 March 2001