High Court of Kenya judgments

KENINDIA ASSURANCE COMPANY LIMITED vs COMMERCIAL BANK OF AFRICA LIMITED & PETER KARIUKI T/S LIBCO MERCHANT AUCTIONEERS [2001] KEHC 590 (KLR)

✦ The plaintiff is not entitled to bring a separate suit on the same issues between the same parties. The suit and application are incompetent.

[2001] KEHC 590 (KLR) High Court of Kenya 16 February 2001

NELLIWA BUILDERS & CIVIL ENGINEERS vs JACOB MGARU SOLOMON,ASTRID SOLOMON,GEORGE ERIC SOLOMON & BERNARD GLEN SOLOMON [2001] KEHC 675 (KLR)

✦ The application is dismissed with costs as the defendants did not apply for arbitration within the time limit and took steps that disentitle them from referring the matter to arbitration.

[2001] KEHC 675 (KLR) High Court of Kenya 16 February 2001

BARCLAYS BANK PLC vs ARTS “680” LIMITED [2001] KEHC 504 (KLR)

✦ The court finds in favor of the plaintiff, ordering the defendant to refund US$21,000 to the plaintiff and pay interest and costs.

[2001] KEHC 504 (KLR) High Court of Kenya 16 February 2001

Paul Koinange v Kipkoriri & others [2001] KEHC 853 (KLR)

✦ The plaint is struck out with costs to the applicant/defendant.

[2001] KEHC 853 (KLR) High Court of Kenya 15 February 2001

STANLEY NJUKI NGANGA vs REPUBLIC [2001] KEHC 369 (KLR)

✦ Conviction for robbery, contrary to section 296(1), P.C. and death sentence set aside. Appellant sentenced to two years imprisonment with effect from 22-10-99 plus 2 strokes.

[2001] KEHC 369 (KLR) High Court of Kenya 14 February 2001

PAULINE WANJA MUORIA vs EDNA CHERONO BORE [2001] KEHC 739 (KLR)

✦ The application for a stay of execution is denied.

[2001] KEHC 739 (KLR) High Court of Kenya 14 February 2001

DANIEL KARANJA KEIGE vs ISAAC GATHUMBI MUGO & ISAAC SAMSON GITHUTHU [2001] KEHC 383 (KLR)

✦ The court finds that the plaintiff was not negligent in crossing the road, but the defendant was negligent in driving the vehicle.

[2001] KEHC 383 (KLR) High Court of Kenya 13 February 2001

HERITAGE BANK LIMITED (IN LIQUIDATION) vs MOSES KURGAT T/A KURGAT & ASSOCIATES (Civil Suit 2326 of 1997) [2001] KEHC 416 (KLR) (Civ) (13 February 2001) (Judgment)

✦ The suit is invalid as it was filed by an incompetent person whose appointment had not been sanctioned. The suit is dismissed with costs.

[2001] KEHC 416 (KLR) High Court of Kenya 13 February 2001

JOYCE NDUTA MUCHUGI & 9 OTHERS v JAMES NDUNGU MUCHUGI [2001] KEHC 39 (KLR)

✦ The application is dismissed with costs to the defendant.

[2001] KEHC 39 (KLR) High Court of Kenya 13 February 2001

JAMES K. MURIUKI & OTHERS vs GOODNEWS CHURCH OF AFRICA & OTHERS [2001] KEHC 797 (KLR)

✦ The court declines to make orders for an injunction after judgment.

[2001] KEHC 797 (KLR) High Court of Kenya 13 February 2001

JOYCE NDUTA MUCHUGI & 9 OTHERS vs JAMES NDUNGU MUCHUGI [2001] KEHC 753 (KLR)

✦ The court allows the application to stop the sale of the property until the main suit is heard.

[2001] KEHC 753 (KLR) High Court of Kenya 13 February 2001

ROSEMARY MWIKALI MUTISO vs REPUBLIC [2001] KEHC 877 (KLR)

✦ The appeal is dismissed. The conviction and sentence are upheld.

[2001] KEHC 877 (KLR) High Court of Kenya 13 February 2001

MWANZA NDAMBUKI vs REPUBLIC [2001] KEHC 693 (KLR)

✦ The appeal is dismissed in its entirety

[2001] KEHC 693 (KLR) High Court of Kenya 12 February 2001

AZZA MUCADAS DARR AND ANOTHER vs AGHA KHAN HEALTH SERVICES KENYA LTD. [2001] KEHC 513 (KLR)

✦ The court grants the application for the production of hospital in-patient notes, but refuses the application for the production of medical reports made by other doctors.

[2001] KEHC 513 (KLR) High Court of Kenya 12 February 2001

MUTUNGA MUTUA vs REPUBLIC [2001] KEHC 364 (KLR)

✦ Affirming conviction for indecent assault but reversing acquittal on unnatural offence charge, allowing appeal and setting appellant at liberty

[2001] KEHC 364 (KLR) High Court of Kenya 12 February 2001

ALLOYS KYENGO MULI & ANOTHER vs REPUBLIC [2001] KEHC 403 (KLR)

✦ The court dismissed the appeal and upheld the trial magistrate's decision to allow the prosecution to withdraw the case under Section 87(a) of the Criminal Procedure Code.

[2001] KEHC 403 (KLR) High Court of Kenya 12 February 2001

DANIEL GITHIRI MUNGAI vs REPUBLIC [2001] KEHC 402 (KLR)

✦ The conviction for robbery is substituted, and the death sentence is set aside. The appellant is sentenced to five years imprisonment with effect from September 24, 1999, plus two strokes.

[2001] KEHC 402 (KLR) High Court of Kenya 11 February 2001

PETER NJOROGE MWARIRI vs JOHN KIMANI MWARIRI [2001] KEHC 682 (KLR)

✦ The court dismissed the suit as it was improperly brought and therefore incompetent.

[2001] KEHC 682 (KLR) High Court of Kenya 9 February 2001

DOUGLAS MWANGANGI NGUTU vs CHARLES MAINGI NJERI & JOSEPH MUNDIA KURIA [2001] KEHC 181 (KLR)

✦ The plaintiff sustained injuries including loss of 16 teeth, fracture of one rib, and fractures of palatal and nasal bones on the right side. The defendants were found liable for the accident.

[2001] KEHC 181 (KLR) High Court of Kenya 9 February 2001

PETER GICHURU MWANGI vs JAMES KABATHI MWANGI [2001] KEHC 748 (KLR)

✦ General damages assessed at Kshs. 600,000

[2001] KEHC 748 (KLR) High Court of Kenya 8 February 2001

ESTHER MUTHONI KIMANI vs KHALID ABDALLA MOHAMMED & MARIAM SHARIF SAGAAF [2001] KEHC 373 (KLR)

✦ The application is dismissed with costs. The suit is transferred to Milimani Commercial Courts and consolidated with HCCC 1186/99.

[2001] KEHC 373 (KLR) High Court of Kenya 7 February 2001

JAYANTI & JAGDEEP DEVELOPERS LIMITED,JAYANTI A. PATEL & JAGDEEP L. KOTEDIA vs SAVINGS AND LOAN KENYA LIMITED [2001] KEHC 752 (KLR)

✦ The court allowed the application to restrain the defendant from selling the property until the main suit is heard.

[2001] KEHC 752 (KLR) High Court of Kenya 7 February 2001

Kenyan case law