Kenyan case law

• Benjamin Kipchumba Bett v Electoral Commission of Kenya & 2 others [2003] KEHC 985 (KLR)

  ✦ The respondent is deemed to have been duly and properly served

  [2003] KEHC 985 (KLR) High Court of Kenya 4 April 2003

• REMPEYEN PERIKEN OLE MURINYA V REPUBLIC [2003] KEHC 194 (KLR)

  ✦ The conviction for stock theft is quashed and the sentence is set aside.

  [2003] KEHC 194 (KLR) High Court of Kenya 4 April 2003

• DAVID KIMANTH BIRIVU v REPUBLIC [2003] KEHC 340 (KLR)

  ✦ The appeal is allowed to the extent of reducing the sentence to 3 years and 2 strokes of the cane

  [2003] KEHC 340 (KLR) High Court of Kenya 4 April 2003

• MWALILI CHARO KOPLO V REPUBLIC [2003] KEHC 386 (KLR)

  ✦ Conviction quashed and sentence set aside

  [2003] KEHC 386 (KLR) High Court of Kenya 4 April 2003

• MAGANLAL NANJIBHAI SAVANI vs KENYA TEXTILE CO. LTD. MUNICIPAL COUNCIL OF MOMBASA [2003] KEHC 665 (KLR)

  ✦ The court grants the plaintiff leave to add Osman Mohammed Haji as a third defendant.

  [2003] KEHC 665 (KLR) High Court of Kenya 4 April 2003

• RIAZ KURJI V HARAMBEE CO-OPERATIVE SAVINGS & CREDIT LIMITED [2003] KEHC 586 (KLR)

  ✦ The court dismissed the application as the ex-parte order has been replaced by a subsequent order recorded by consent, and the defendant is entitled to distrain the goods belonging to a director of the limited company who is a tenant.

  [2003] KEHC 586 (KLR) High Court of Kenya 4 April 2003

• 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.

  [2003] KEHC 667 (KLR) High Court of Kenya 4 April 2003

• Lomingo Ole Kinyi v Nairobi City Council [2003] KEHC 957 (KLR)

  ✦ The defendant's demolition was wrongful, and the court awards the plaintiff general damages of Shs400,000.

  [2003] KEHC 957 (KLR) High Court of Kenya 3 April 2003

• JOHN KAROKI GITAU V REPUBLIC [2003] KEHC 360 (KLR)

  ✦ The court finds that corroboration was present in the prosecution case, and the court's finding that the Complainant was truthful cannot be faulted. The sentence of 10 years imprisonment is confirmed, with 2 strokes of the cane and an order for hard labour added.

  [2003] KEHC 360 (KLR) High Court of Kenya 3 April 2003

• Ngunjiri v British Airways World Cargo [2003] KEHC 982 (KLR)

  ✦ The court finds that the defendant cannot limit its liability for damage to the cargo as the goods were marked as fragile and handled recklessly. The plaintiff is entitled to recover damages for the cargo, freight charges, and plaintiff's telephone charges.

  [2003] KEHC 982 (KLR) High Court of Kenya 3 April 2003

• KINYAMU THAMBO vs REPUBLIC [2003] KEHC 53 (KLR)

  ✦ The Appellant's appeal is dismissed. The sentence of two years imprisonment is set aside and substituted with the term already served. The Appellant is released forthwith unless otherwise lawfully held.

  [2003] KEHC 53 (KLR) High Court of Kenya 3 April 2003

• A.S. P V S.N.H.S [2003] KEHC 251 (KLR)

  ✦ Marriage dissolved, custody awarded to petitioner, and respondent restrained from interfering with petitioner and child

  [2003] KEHC 251 (KLR) High Court of Kenya 3 April 2003

• David Njoroge Kimani & another v James Mukuha Njau [2003] KEHC 963 (KLR)

  ✦ The trial court was right in its findings of fact, in its understanding of the applicable law and legal principles and their application to the facts before the Court, and in its decision and reasoning for that decision. The appeal is dismissed.

  [2003] KEHC 963 (KLR) High Court of Kenya 3 April 2003

• JEREMIAH NYAGA PETER V REPUBLIC [2003] KEHC 54 (KLR)

  ✦ The Court quashes the conviction and refunds the fine paid by the Appellant

  [2003] KEHC 54 (KLR) High Court of Kenya 3 April 2003

• M. SHEIKH & 20 OTHERS V HERONSGATE LIMITED & 2 OTHERS [2003] KEHC 895 (KLR)

  ✦ Application for stay is struck out with costs to the respondent due to the appeal being incompetent and without a certificate from the Rent Restriction Tribunal.

  [2003] KEHC 895 (KLR) High Court of Kenya 3 April 2003

• Consolata Kihara & 241 others v Director Kenya, Trypanosomiasis Research Institute [2003] KEHC 940 (KLR)

  ✦ The application for judicial review is dismissed as the applicants have sought wrong reliefs.

  [2003] KEHC 940 (KLR) High Court of Kenya 3 April 2003

• ALLOYS KAYIHURA KAVEN V KENYA COMMERCIAL BANK LTD [2003] KEHC 698 (KLR)

  ✦ The application is dismissed with costs

  [2003] KEHC 698 (KLR) High Court of Kenya 3 April 2003

• SAMIRA DORI RAMADHAN vs SHABIR REHMAN & ANOTHER [2003] KEHC 897 (KLR)

  ✦ The court awards Kshs.450,000/- general damages as reasonable.

  [2003] KEHC 897 (KLR) High Court of Kenya 3 April 2003

• MARTHA WAMAITHA NGUNJIRI V BRITISH AIRWAYS WORLD CARGO [2003] KEHC 19 (KLR)

  ✦ The court awards damages for the damage to the cargo, consignee's telephone bill, and freight and agent's charges. The court does not award damages for loss of profits as the evidence was speculative.

  [2003] KEHC 19 (KLR) High Court of Kenya 3 April 2003

• MANASSEH NGANGA AND 7 OTHERS vs PAUL K. NJOROGE AND 5 OTHERS [2003] KEHC 894 (KLR)

  ✦ The application is dismissed with costs as the conditions for granting a stay of execution were not satisfied.

  [2003] KEHC 894 (KLR) High Court of Kenya 2 April 2003

• IN THE ESTATE OF FLORA WANJIRU KARIUKI [2003] KEHC 875 (KLR)

  ✦ The previous grant is revoked, and a new grant of administration is issued to Robert Warui Kariuki, jointly with his two sons, Andrew Kariuki Warui and Maina Warui.

  [2003] KEHC 875 (KLR) High Court of Kenya 2 April 2003

• AKES MANAGEMENT LIMITED vs KENYA NATIONAL ASSURAQCE (2001) CO. LTD,GIMCO LIMITED [2003] KEHC 639 (KLR)

  ✦ The court extended the interim orders and the application for an inter partes hearing date.

  [2003] KEHC 639 (KLR) High Court of Kenya 1 April 2003

• PETER MBUVI MUNYA vs REPUBLIC [2003] KEHC 70 (KLR)

  ✦ The sentence is reduced to 5 years imprisonment with 4 strokes of the cane.

  [2003] KEHC 70 (KLR) High Court of Kenya 31 March 2003

• LEISURE LODGES LIMITED vs DR. LALIT D. KOTAK [2003] KEHC 541 (KLR)

  ✦ The status quo should hold, and the parties are to determine the actual locations of the plots and fix the boundaries of Plot 856 within 21 days.

  [2003] KEHC 541 (KLR) High Court of Kenya 31 March 2003

• AFROFREIGHT FORWARDERS LTD. vs EXPRESS KENYA LTD. [2003] KEHC 542 (KLR)

  ✦ The application is allowed, and the suit HCC.313 of 2002 (Mombasa) shall be stayed pending the finalisation of the suit HCC.2108 OF 2000 Nairobi.

  [2003] KEHC 542 (KLR) High Court of Kenya 28 March 2003