High Court of Kenya judgments

HAMISI SALIM MWAWIMO vs JULIUS WAMBUGU [2003] KEHC 888 (KLR)

✦ The court grants the application for a stay of execution on condition that the appellant maintains the land and buildings in their current state until the appeal is heard.

[2003] KEHC 888 (KLR) High Court of Kenya 28 March 2003

ABDIKARIM SALEH MUHSIN vs JOSEPH SEMPA [2003] KEHC 651 (KLR)

✦ The Plaintiff's appeal is dismissed with costs

[2003] KEHC 651 (KLR) High Court of Kenya 28 March 2003

MOSES MBOGO KIMUMA vs REPUBLIC [2003] KEHC 437 (KLR)

✦ The appeal is allowed, conviction quashed, and sentence set aside. The appellant is set free unless otherwise lawfully held.

[2003] KEHC 437 (KLR) High Court of Kenya 28 March 2003

CYRUS MUTHENYA KINGORI vs - SHANTABEN PATEL [2003] KEHC 560 (KLR)

✦ The defendant is found 100% liable for the accident and awarded Kshs.530,000 in damages.

[2003] KEHC 560 (KLR) High Court of Kenya 28 March 2003

KINYUA KITHEKA …….. vs - REPUBLIC [2003] KEHC 171 (KLR)

✦ The appeal is allowed, conviction quashed and sentence set aside

[2003] KEHC 171 (KLR) High Court of Kenya 28 March 2003

ABDIKARIM SALEH MUHSIN vs JOSEPH SEMPA [2003] KEHC 841 (KLR)

✦ The Plaintiff's application for a stay of execution pending appeal is dismissed with costs.

[2003] KEHC 841 (KLR) High Court of Kenya 28 March 2003

NATIONAL BANK (K) LTD. vs SWALEH ATHMAN MWAKUWAZA [2003] KEHC 515 (KLR)

✦ The Ex parte Judgement is regular, the application was made in good time, and the defendant has offered the same security as the plaintiff.

[2003] KEHC 515 (KLR) High Court of Kenya 28 March 2003

MOSES LIYAYI MOKANJERO vs REPUBLIC [2003] KEHC 442 (KLR)

✦ The conviction for handling stolen property is set aside, and the appellant is set at liberty

[2003] KEHC 442 (KLR) High Court of Kenya 28 March 2003

ELIZABETH MULWA vs - TAWFIQ BUS SERVICES [2003] KEHC 604 (KLR)

✦ The plaintiff is awarded Kshs.250,000/= on damages for pain and suffering. The claim for costs of future bone lengthening procedure is dismissed as it was not pleaded and not supported by evidence.

[2003] KEHC 604 (KLR) High Court of Kenya 28 March 2003

KIBO JIMMY KITAVI vs REPUBLIC [2003] KEHC 387 (KLR)

✦ The appeal is allowed to reduce the number of strokes from 3 to 1 stroke of the cane.

[2003] KEHC 387 (KLR) High Court of Kenya 27 March 2003

NELLIWA BUILDERS & CIVIL ENGINEERS vs KENYATTA NATIONAL HOSPITAL [2003] KEHC 836 (KLR)

✦ The application is dismissed with costs as the defendant failed to file a defence and attempted to cheat the court.

[2003] KEHC 836 (KLR) High Court of Kenya 27 March 2003

ALBERTO CANALE vs GIOVANNI GRMMO)RABA INVESTIMENTS [2003] KEHC 634 (KLR)

✦ The court dismissed the preliminary objection.

[2003] KEHC 634 (KLR) High Court of Kenya 27 March 2003

JOSEPH KIMACHIA WAMWIRI vs JOSEPH KIMACHIA WAMWIRI [2003] KEHC 252 (KLR)

✦ The court dissolves the marriage and grants custody of the children to the petitioner with reasonable access to the respondent. The respondent is ordered to pay the costs of the proceedings.

[2003] KEHC 252 (KLR) High Court of Kenya 27 March 2003

PIUS NDAMBUKI KIVUVA vs REPUBLIC [2003] KEHC 922 (KLR)

✦ We set aside the conviction under section 296(2) and quash the death sentence. We enter a conviction under section 296(1) of the Penal Code.

[2003] KEHC 922 (KLR) High Court of Kenya 27 March 2003

EDWIN OCHIENG OYOKO vs REPUBLIC [2003] KEHC 400 (KLR)

✦ The death sentence is set aside and the appellant is sentenced to the period already served, with two strokes of the cane and police supervision for five years.

[2003] KEHC 400 (KLR) High Court of Kenya 27 March 2003

JOSEPH NGIGE GAITUNGU vs REPUBLIC [2003] KEHC 86 (KLR)

✦ The conviction cannot stand, and the Appellant is set at liberty.

[2003] KEHC 86 (KLR) High Court of Kenya 27 March 2003

Nelliwa Builders & Civil Engineers v Kenyatta National Hospital [2003] KEHC 585 (KLR)

✦ The application is dismissed with costs as the defendant failed to file a defence and attempted to cheat the court.

[2003] KEHC 585 (KLR) High Court of Kenya 27 March 2003

BENJAMIN MUTHOKIA MWANGI vs REPUBLIC [2003] KEHC 224 (KLR)

✦ The application must fail and is hereby dismissed

[2003] KEHC 224 (KLR) High Court of Kenya 27 March 2003

PATRICK DICKSON RAJULA vs KENYA COMMERCIAL BANK LTD. & 2 OTHERS [2003] KEHC 649 (KLR)

✦ The Chamber Summons is valid and the court has jurisdiction.

[2003] KEHC 649 (KLR) High Court of Kenya 27 March 2003

BENJAMINA KOMEN vs REPUBLIC [2003] KEHC 907 (KLR)

✦ The sentence of 9 years imprisonment is reduced to 6 years, and the sentence of 4 strokes of the cane is confirmed.

[2003] KEHC 907 (KLR) High Court of Kenya 27 March 2003

BONFACE MUTIE MUTISYA vs REPUBLIC [2003] KEHC 372 (KLR)

✦ The appeal is allowed on sentence only. The appellant will serve what sentence he has already served and the strokes of the cane part is hereby removed from his sentence.

[2003] KEHC 372 (KLR) High Court of Kenya 26 March 2003

ABUBAKAR MOHAMED ALAMIN vs STANDARD CHARTERED BANK LTD [2003] KEHC 556 (KLR)

✦ The court finds the bank liable for misrepresenting the plaintiff's pension access and awards him Kshs.200,000 in damages.

[2003] KEHC 556 (KLR) High Court of Kenya 26 March 2003

SAMMY MAINA KARANJA vs REPUBLIC [2003] KEHC 165 (KLR)

✦ The conviction is upheld

[2003] KEHC 165 (KLR) High Court of Kenya 26 March 2003

MICHAEL MUOKI ALIAS MBUVI G. KIOKO vs REPUBLIC [2003] KEHC 280 (KLR)

✦ The applicant should appear before the trial court on 31/3/2003 to explain his reasons for failing to attend court and to have his bail reinstated or bond released.

[2003] KEHC 280 (KLR) High Court of Kenya 26 March 2003

SAMMY MAINA KARANJA vs REPUBLIC [2003] KEHC 380 (KLR)