Kenyan case law

DAVID MUTUA MUMINA vs REPUBLIC [2003] KEHC 454 (KLR)

✦ The court finds that the appellant has served a sufficient jail sentence for the substituted offence of theft and orders his release.

JOHN WARUI MATHENGE & ANOTHER vs DEVELOPMENT FINANCE COMPANY [2003] KEHC 625 (KLR)

✦ The suits lack merit and are dismissed with costs to the Defendant.

RAJABALI MANJI vs K.K. AUTO SPARES [2003] KEHC 597 (KLR)

✦ The court finds the defendant negligent and awards damages to the plaintiff.

PETER MUHIA WAGATU vs REPUBLIC [2003] KEHC 426 (KLR)

✦ The court held that the particulars of the charge did not allege that the act of carnal knowledge was unlawful, and thus the conviction for rape was improper.

PHILOMENA WANZA NZOMO VS CECILIA RAMTU OWITI [2003] KEHC 136 (KLR)

✦ The application for confirmation of the grant of letters of administration is allowed, and the estate will be distributed as per the proposals contained in the application.

REPUBLIC v DANIEL MBURU TUTUA [2003] KEHC 535 (KLR)

✦ The trial was declared a mistrial and had to commence de novo.

KIHIUMWIRI FARMERS CO LTD vs THE REGISTRAR GENERAL [2003] KEHC 209 (KLR)

✦ The application is dismissed with costs, but the applicant will be at liberty to review the same argument at the substantive hearing.

AKINYI ROSELINE OMOLLO-MUSAU DR. JACOB KIBOR DIKCKSON M. MWENZE vs REPUBLIC [2003] KEHC 187 (KLR)

✦ The inquest proceedings are ordered to be terminated immediately.

Surgipharm Ltd v Awuondo & another [2003] KEHC 992 (KLR)

✦ The court finds no bona fide triable issue or defence and enters judgment as prayed in the plaint.

E.N. NGANGA & CO. vs NATIONAL IRRIGATION BOARD [2003] KEHC 195 (KLR)

✦ Application denied and is dismissed but no Order as to costs.

NARIKAE OLE SAKUDA vs SANTAINE OLE KIMOSO MUYAKI [2003] KEHC 619 (KLR)

✦ The court dismissed the preliminary points raised by the Defendant, finding that the plaint adequately shows the Defendant's interest in the subject matter and liability to answer the Plaintiff's demand.

ABRAHAM MWANGI vs S.O. OMBOO,JOSEPH LIJULU,GRORGE OKO,DANIEL BONGOKO [2003] KEHC 717 (KLR)

✦ The application is dismissed due to procedural defects and lack of formal appointment of advocate.

CENTURION CONTRACTORS & AGENCIES (K) LTD vs NORTHLAKE NURSERIES LTD )JONAH STEPHEN NGA’NG’A [2003] KEHC 175 (KLR)

✦ The court has no jurisdiction to determine the validity of a Notice of Appeal issued pursuant to the provisions of the Appellate Jurisdiction Act. The orders of Mr. Justice Onyango Otieno issued on 6th March 2003 stayed execution of the judgment in this suit. The applicant is entitled to be heard.

REPUBLIC [2003] KEHC 536 (KLR)

HASSAN MOHAMED OSMAN vs REPUBLIC [2003] KEHC 166 (KLR)

✦ The Appellant was found to be the thief and the conviction is upheld.

OXYGEN LIMITED vs GATAKAINI INVESTMENT CO. LTD. [2003] KEHC 751 (KLR)

✦ The application is dismissed with costs to the respondent.

BERNARD CHUI KIRORI vs REPUBLIC [2003] KEHC 461 (KLR)

✦ The convictions and sentences are quashed, and the appellant is set at liberty.

LUCY WARUINU MAINA,MATHEWS MUNUPI,ELIUD WEKESA KHAEMBA v REPUBLIC [2003] KEHC 364 (KLR)

✦ The conviction and sentence are quashed, and the appellants are set free.

In Re MZEE ALMASI MUKIRA [2003] KEHC 873 (KLR)

✦ The court certified the application to be urgent and made an order of temporary injunction restraining Farida Almasi Mukira and Salama Almasi Mukira from dealing with the properties of the deceased estate.

ELIUD WEKESA KHAEMBA vs REPUBLIC CONSOLIDATED WITHLUCY WARUINU MAINA vs REPUBLIC [2003] KEHC 330 (KLR)

✦ The appeals are allowed, the convictions are quashed, and the sentences are set aside.

REPUBLIC vs - MUTSONGA KATSUNGU [2003] KEHC 828 (KLR)

✦ The court finds the evidence insufficient to warrant the accused's defense and dismisses the case, acquitting the accused.

JOHN NJUGUNA KIARIE vs REPUBLIC [2003] KEHC 159 (KLR)

✦ The Appellant was found guilty and sentenced to five (5) years imprisonment and 5 strokes of the cane.

JOHN NJUGUNA KIARIE vs REPUBLIC [2003] KEHC 361 (KLR)

✦ The Appellant's conviction and sentence are upheld

ISAACK MWANGI & EIGHTEEN OTHERS vs DR. RUTH WANJIRU NDUATI & TWO OTHERS [2003] KEHC 898 (KLR)

✦ The court grants the Administrators' suit against Francis Thombe Nyamo and grants prayer 2 of the originating summons with costs.

MORIANKA OLE MAKO vs REPUBLIC [2003] KEHC 306 (KLR)

✦ The sentence of 5 years imprisonment is reduced to 2.5 years with an addition of one stroke of the cane.