Kenyan case law

• CO. LTD v ATTORNEY GENERAL [2002] KEHC 246 (KLR)

  ✦ The leave granted was spent and the order for stay should be set aside.

  [2002] KEHC 246 (KLR) High Court of Kenya 12 June 2002

• JOSEPH MUTURIA M’LIBIYO vs PATRICK NJOROGE GATHOGO [2002] KEHC 686 (KLR)

  ✦ The court awards Kshs.676,365/- in general and special damages, including Kshs.10,000 for pain and suffering, Kshs.20,365 for funeral expenses, Kshs.70,000 for loss of expectation of life, and Kshs.576,000 for loss of dependency.

  [2002] KEHC 686 (KLR) High Court of Kenya 12 June 2002

• PHILIPS MEDICAL SYSTEMS & ANO vs MEDITEC SYSTEMS & OTHERS [2002] KEHC 262 (KLR)

  ✦ Affidavit is admitted and extended by ordering it to be filed in time.

  [2002] KEHC 262 (KLR) High Court of Kenya 12 June 2002

• East Africa Tanning Extract Company Ltd v Gerishon Barasa Wanyonyi [2002] KEHC 1142 (KLR)

  ✦ The appellant is liable to pay general damages for breach of implied terms of the contract of employment.

  [2002] KEHC 1142 (KLR) High Court of Kenya 12 June 2002

• 1. KINENI FARMERS CO-OPERATIVE SOCIETY LTD 2. GEOFFREY MATOKE vs NYACHERA MASARE [2002] KEHC 257 (KLR)

  ✦ The order of 5th February, 1999 is hereby set aside.

  [2002] KEHC 257 (KLR) High Court of Kenya 12 June 2002

• DATASCAN LIMITED vs BASELINE TRAVEL AGENCIES LIMITED [2002] KEHC 867 (KLR)

  ✦ The appeal is dismissed with costs.

  [2002] KEHC 867 (KLR) High Court of Kenya 12 June 2002

• JOYCE MUKUHI NJENGA vs REPUBLIC [2002] KEHC 447 (KLR)

  ✦ The court denies the application for transfer, as the applicant has not presented distinct incidents showing the trial court's inclination to not provide a fair and impartial trial.

  [2002] KEHC 447 (KLR) High Court of Kenya 12 June 2002

• CO-OPERATIVE MERCHANT BANK LTD. vs COLIN OTIENO [2002] KEHC 628 (KLR)

  ✦ The application is granted, and judgment is entered in favor of the plaintiff against the defendant as prayed in the plaint. The defendant will bear the plaintiff's costs.

  [2002] KEHC 628 (KLR) High Court of Kenya 11 June 2002

• P.N. MASHRU LIMITED vs THE ATTORNEY GENERAL [2002] KEHC 905 (KLR)

  ✦ The defendant's written statement of defense is struck out for being an abuse of the process of the court.

  [2002] KEHC 905 (KLR) High Court of Kenya 11 June 2002

• MIKE MAINA AND 5 OTHERS vs OWINO OKEYO & CO., ADVOCATES [2002] KEHC 759 (KLR)

  ✦ The court ordered the respondent to release the applicants' files upon providing a cash account in respect of certain payments and to meet their own costs of photocopying.

  [2002] KEHC 759 (KLR) High Court of Kenya 11 June 2002

• Kenya Commercial Bank v Philip Odongo Kabita T/A Odongo Kabita Valuers [2002] KEHC 1156 (KLR)

  ✦ The court finds the valuer negligent and orders the bank to be paid Kshs.900,000 with interest at court rates.

  [2002] KEHC 1156 (KLR) High Court of Kenya 11 June 2002

• ASSIZ ABBA ABDALLA vs PETER K. KAIGOYA [2002] KEHC 236 (KLR)

  ✦ The application is dismissed as the plaintiff has not exhausted all avenues open to him as a decree holder and has filed a fresh suit. The orders sought cannot issue and the application is dismissed.

  [2002] KEHC 236 (KLR) High Court of Kenya 11 June 2002

• ELPHAS WANIRE MAKIN v EXCELLENT SECURITY SERVICES LTD [2002] KEHC 28 (KLR)

  ✦ The court awards Kshs.500,000 in general damages, Kshs.300,000 for further medication, and Kshs.500,000 in total damages, reduced to the sum awardable by the Chief Magistrate's court's jurisdiction.

  [2002] KEHC 28 (KLR) High Court of Kenya 11 June 2002

• JOHN TENDENER & ANOTHER vs STEPHEN MUNGA MUTHIRA [2002] KEHC 881 (KLR)

  ✦ The application has no merit and is dismissed with costs.

  [2002] KEHC 881 (KLR) High Court of Kenya 10 June 2002

• DAVID WAWERU MURAGA ALIAS AGHA KHAN vsPROSECUTOR [2002] KEHC 325 (KLR)

  ✦ The accused is found guilty of manslaughter and not murder

  [2002] KEHC 325 (KLR) High Court of Kenya 10 June 2002

• KULDIPS TOURING CO. LTD. vs MANGA LTD T/A PARADISE MOMBASA RESORT [2002] KEHC 526 (KLR)

  ✦ The application to set aside the judgment is dismissed with costs, and the defendant is found liable to pay the plaintiff's claim.

  [2002] KEHC 526 (KLR) High Court of Kenya 9 June 2002

• ESSAK ABDULREHMAN KANA vs AHMED ESMAIL SODHIA [2002] KEHC 598 (KLR)

  ✦ The court finds there is no sufficient cause shown to prevent the applicants from applying to be substituted for the plaintiff in the suit. The applicants are also guilty of inordinate delay in making the application after the suit abated. The application is dismissed with costs to the defendant.

  [2002] KEHC 598 (KLR) High Court of Kenya 7 June 2002

• AWADH AHMED BASADIQ vs ELIJAH MERU MANGALA [2002] KEHC 599 (KLR)

  ✦ The defendant is found guilty as pleaded by the plaintiff on 100% basis. The award for loss of earning capacity is calculated at Shs.1,080,000, general damages at Shs.400,000, future medical expenses at Shs.100,000, and special damages at Shs.84,267.

  [2002] KEHC 599 (KLR) High Court of Kenya 7 June 2002

• KENYA TEA DEVELOPMENT AUTHORITY & ANOTHER vs KIHORO CERERE & 5 OTHERS [2002] KEHC 708 (KLR)

  ✦ The suit is dismissed with costs to the defendant

  [2002] KEHC 708 (KLR) High Court of Kenya 6 June 2002

• Mwanzia Nzoka v Kitheka Kithuka [2002] KEHC 1213 (KLR)

  ✦ The appeal is allowed, the lower court's decision is quashed and set aside.

  [2002] KEHC 1213 (KLR) High Court of Kenya 6 June 2002

• SAMMY MAKAU & 2 OTHERS vs THE SECRETARY K.L.G.W.UN.& 3 OTHERS [2002] KEHC 939 (KLR)

  ✦ The court upholds the defendants' application to review the dismissal of the suit and restores the suit for hearing and final disposal.

  [2002] KEHC 939 (KLR) High Court of Kenya 6 June 2002

• Amos alkeljo ogutu vs Josephat magio & ANOTHER [2002] KEHC 985 (KLR)

  ✦ The court upheld the order of the Senior Resident Magistrate's Court setting aside the consent order.

  [2002] KEHC 985 (KLR) High Court of Kenya 6 June 2002

• RUTH MBENGE MBONDO vs RICHARD MUEMA MBONDO (? 317 of 1998) [2002] KEHC 688 (KLR) (6 June 2002)

  ✦ The consent judgment is upheld and the application to set it aside and stay execution is rejected.

  [2002] KEHC 688 (KLR) High Court of Kenya 6 June 2002

• REPUBLIC vs GANZE DIVISIONAL LAND DISPUTES TRIBUNAL (ex-parte KAHINDI NDUNDI) [2002] KEHC 234 (KLR)

  ✦ The application is allowed, and the order of the Tribunal is recalled and quashed.

  [2002] KEHC 234 (KLR) High Court of Kenya 5 June 2002

• PROHIBITION BY ALPHONCE KAHINDI NGOWA vs THE HON. ATTORNEY-GENERAL & ANOTHER [2002] KEHC 802 (KLR)

  ✦ Leave to file and prosecute the application for Certiorari and Prohibition is granted, with the application to be filed within 21 days and prosecuted on a priority basis.

  [2002] KEHC 802 (KLR) High Court of Kenya 5 June 2002