High Court of Kenya judgments

DANIEL KIVONDO vs REPUBLIC [2001] KEHC 319 (KLR)

✦ The appellant is guilty of causing death by dangerous driving. The sentence is upheld.

[2001] KEHC 319 (KLR) High Court of Kenya 19 March 2001

NTIRAMPEBA ALURENT vs CHUNILAL R. PARMAR T/A QUARZO [2001] KEHC 519 (KLR)

✦ The court grants the defendant's application to levy distress against the plaintiff for unpaid rent.

[2001] KEHC 519 (KLR) High Court of Kenya 16 March 2001

Eliud Mathiu & 3 others v Gareth George & 6 others [2001] KEHC 835 (KLR)

✦ The court finds that the plaintiffs do not need court permission to file this suit or to sue on behalf of others.

[2001] KEHC 835 (KLR) High Court of Kenya 16 March 2001

CENTURION CONTRACTORS ENGINEERING BUILDING LTD. vs BORDER SERVICE STATION & MANUEL OTIANGALA OMINDE T/A KURONYA AUCTIONEERS [2001] KEHC 593 (KLR)

✦ The application is struck out with costs

[2001] KEHC 593 (KLR) High Court of Kenya 16 March 2001

ABDULHAMID ESMAIL vs MOHAMMED KASSAM & ANOTHER [2001] KEHC 379 (KLR)

✦ Application for summary judgment dismissed

[2001] KEHC 379 (KLR) High Court of Kenya 15 March 2001

KENYA PROJECTS & INVESTMENTS LIMITED vs KENYA POST OFFICE SAVINGS BANK,KENYA POST OFFICE SAVINGS BANK RETIREMENT BENEFIT SCHEME & THE COMMISSIONER OF LANDS [2001] KEHC 549 (KLR)

✦ The Re-amended Plaint is expunged from the court record, and the Plaintiff is at liberty to apply to have the present amended Plaint re-amended if it so wishes.

[2001] KEHC 549 (KLR) High Court of Kenya 15 March 2001

PUBLIC TRUSTEES vs GITHINJI MARARO & 5 OTHERS [2001] KEHC 580 (KLR)

✦ The deceased made a total contribution of Kshs.80,000 towards the purchase of the suit land, which translates to 65 acres. The family of the deceased gets 65 acres, and the respondents get 16 acres.

[2001] KEHC 580 (KLR) High Court of Kenya 15 March 2001

DIAMOND TRUST BANK (K) LTD vs MARY NYAMVULA KINGA [2001] KEHC 388 (KLR)

✦ Decline to grant prayer (1) in the application. Grant alternative prayer with interest at court rates from the date of filing suit. Half the costs of the application to the Plaintiff/Applicant.

[2001] KEHC 388 (KLR) High Court of Kenya 14 March 2001

MWANGI MATHAI v ROCKY DRIVING SCHOOL [2001] KEHC 28 (KLR)

✦ The court granted the application for modification of the consent judgment to allow monthly instalments of Kshs.20,000 and granted a stay of execution.

[2001] KEHC 28 (KLR) High Court of Kenya 14 March 2001

MUTUA MUSYIMI MULWA vs REPUBLIC [2001] KEHC 352 (KLR)

✦ The appeal is upheld, and the sentence is reduced from 6 years to 3 years in prison.

[2001] KEHC 352 (KLR) High Court of Kenya 13 March 2001

MWEMA MOKI vs REPUBLIC [2001] KEHC 395 (KLR)

✦ The appeal is dismissed. The sentence of 7 years, 8 strokes plus hard labour is upheld.

[2001] KEHC 395 (KLR) High Court of Kenya 13 March 2001

MBATIA MUNIU vs MARY WANJIKU MUNIU ‘A’ [2001] KEHC 409 (KLR)

✦ The suit is res judicata and the application is dismissed with costs.

[2001] KEHC 409 (KLR) High Court of Kenya 13 March 2001

KUGURU FOOD COMPLEX LIMITED & ANOTHER vs MIRIAM NJOKI KARANJA [2001] KEHC 686 (KLR)

✦ Application dismissed with costs

[2001] KEHC 686 (KLR) High Court of Kenya 13 March 2001

REPUBLIC vs MUTEMI MBULA [2001] KEHC 203 (KLR)

✦ The accused is ordered to serve thirty (30) months imprisonment.

[2001] KEHC 203 (KLR) High Court of Kenya 12 March 2001

REPUBLIC vs UNIVERSITY OF NAIROBI [2001] KEHC 117 (KLR)

✦ The case is certified for two counsel.

[2001] KEHC 117 (KLR) High Court of Kenya 12 March 2001

MESHACK THUNGU KABATI vs GERMAN ASSISTED SETTLEMENT PROGRAMME (G.A.S.P ) [2001] KEHC 808 (KLR)

✦ The Plaintiff's failure to obtain Letters of Administration before filing the suit is fatal and renders the suit incompetent.

[2001] KEHC 808 (KLR) High Court of Kenya 12 March 2001

C R K B v J B M [2001] KEHC 292 (KLR)

✦ The omission can be cured by allowing the petitioner to file supplementary affidavits.

[2001] KEHC 292 (KLR) High Court of Kenya 12 March 2001

ERASTUS G. NDUHIU T/A EMAC ENTERPRISES vs EXPRESS KENYA LIMITED [2001] KEHC 461 (KLR)

✦ The plaintiff's suit fails and is dismissed with costs.

[2001] KEHC 461 (KLR) High Court of Kenya 9 March 2001

JOHN SENTERO KAMUKERE & 3 OTHERS vs UNITED INSURANCE CO. LTD. [2001] KEHC 670 (KLR)

✦ Both the original plaint and the amended plaint are struck out with costs, with the plaintiffs bearing the defendant's costs of the application.

[2001] KEHC 670 (KLR) High Court of Kenya 9 March 2001

MRAO LIMITED vs FIRST AMERICAN BANK,ABDUL ZAHIR SHEIKH & ANDRE DOUGLAS GREGORY [2001] KEHC 591 (KLR)

✦ The ex parte stay order is disallowed with no costs to the plaintiff. The parties are urged to list the main application for substantive arguments immediately.

[2001] KEHC 591 (KLR) High Court of Kenya 9 March 2001

JAPAN AIRLINES COMPANY LTD. vs DUNCAN MITCHELL [2001] KEHC 651 (KLR)

✦ The preliminary objection is overruled with costs.

[2001] KEHC 651 (KLR) High Court of Kenya 9 March 2001

NATIONAL BANK OF KENYA LIMITED vs RAJENDRA K. G. GANATRA T/A SWEETBITE MANUFACTURERS [2001] KEHC 494 (KLR)

✦ Judgment is entered in favor of the plaintiff against the defendant in the sum claimed in the plaint.

[2001] KEHC 494 (KLR) High Court of Kenya 9 March 2001

NATIONAL INDUSTRIAL CREDIT vs DIGO CHEMISTS LIMITED [2001] KEHC 602 (KLR)

✦ The application is allowed, the defence struck out, and judgment entered in favor of the plaintiff against the defendants jointly and severally as prayed in the plaint.

[2001] KEHC 602 (KLR) High Court of Kenya 9 March 2001

AUGUSTINE MARETE RUKUNGA vs AGNES NJERI NDUNGIRE & ANOTHER [2001] KEHC 751 (KLR)

✦ The application for committal of the respondents to civil jail for contempt of court is dismissed with costs.

[2001] KEHC 751 (KLR) High Court of Kenya 9 March 2001

DAVID MINJA vs MANAGEMENT COMMITTEE OF LOCAL GOVERNMENT OFFICERS SUPERATION FUND [2001] KEHC 743 (KLR)

✦ The preliminary objection is overruled, and the statement is deemed to have been filed in time.

[2001] KEHC 743 (KLR) High Court of Kenya 7 March 2001

Kenyan case law