Kenyan case law

ASECO (K) LTD. vs MARA FORWARDERS LTD [2002] KEHC 725 (KLR)

✦ The attachments are hereby lifted, and the goods are not to be attached in execution of the defendant's debts.

In Re: G. (AN INFANT) [2002] KEHC 244 (KLR)

✦ The legal proceedings can be continued until completion, and the High Court has jurisdiction to hear the applications before the commencement of the Children’s Act No.8 of 2001.

DOMINIC KAGIMA & ANOTHER vs MAINA KAMAU [2002] KEHC 852 (KLR)

✦ The appeal is dismissed with no order for costs

FRANCIS MUSAU MBILU vs SALIM RICHA SAID, OMAR DZIWA,WACHIRA,STEPHEN KIMANI NJOROGE,CHARLES KHAMISI & MAIN BUILDING CONTRACTORS LTD (Civil Suit 760 of 1993) [2002] KEHC 532 (KLR) (17 May 2002) (Ruling)

✦ The application is allowed and the suit is reinstated. The parties are to be listed for hearing within 8 months from the date of this ruling.

DESTA MULEGEKI vs REPUBLIC [2002] KEHC 155 (KLR)

✦ The conviction and sentences on counts 1, 2, and 3 are confirmed, but the sentences on count 4 are set aside. The sentences on counts 1, 2, and 3 will run concurrently.

DUNCAN KINYANJUI v PENINA MUCHENE [2002] KEHC 27 (KLR)

✦ The appeal is struck out for want of prosecution.

In Re: ISAAC BOY NOAH [2002] KEHC 1234 (KLR)

✦ The summons for revocation is dismissed. The deceased's mother was not fully maintained from the rents of the deceased's property. The deceased's mother was paid benefits from the National Social Security Fund, which was found to be obtained fraudulently.

PANALPINA (K) LIMITED vs ELEPHANT SOAP INDUSTRIES LIMITED [2002] KEHC 779 (KLR)

✦ The court finds in favor of the plaintiff, finding that the plaintiff has on a balance of probabilities proved its case against the defendants and orders judgment for the plaintiff against the defendant as prayed in prayer 7(a) and (b) in the plaint dated 15th May, 1997.

REPUBLIC vs JOHN WANJALA [2002] KEHC 329 (KLR)

✦ The court finds the accused not guilty of murder and acquits him.

JOSEPH KARAITA KAMAU KAMATA vs REPUBLIC [2002] KEHC 391 (KLR)

✦ The 1st Appellant is convicted of robbery with violence, rape, and unnatural offense. The 2nd, 3rd, and 4th Appellants are found not guilty of all charges.

REPUBLIC vs SUMBUKO MULANDA KABWERE [2002] KEHC 327 (KLR)

✦ The court finds no evidence to connect the accused with the murder and acquits them.

MANUEL VICTOR MOREIRA vs REPUBLIC (? 391 of 2002) [2002] KEHC 928 (KLR) (15 May 2002)

✦ The appeal is allowed, and the sentence is substituted with a fine of Kshs. 20,000 and six months imprisonment on count one (first and second counts) combined, and Kshs. 20,000 in default six months imprisonment on count two (previously) count three.

REPUBLIC vs GARAMA RUWA NZAI [2002] KEHC 927 (KLR)

✦ The court finds that there is evidence connecting the accused with the commission of the offence and that he has a case to answer.

REUBEN IMANYARA & JANET KATHERA vs REPUBLIC [2002] KEHC 375 (KLR)

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

MANUEL VICTOR MOREIRA vs REPUBLIC [2002] KEHC 419 (KLR)

✦ The appeal is dismissed. The stolen plough was recovered, and the appellant is set at liberty.

In Re: V. W. –. A. (An Infant) [2002] KEHC 1043 (KLR)

✦ The application is not affected by the enactment of the Children Act and its provisions repealing the Adoption Act. The infant's welfare is properly maintained if she is adopted by the applicants.

JAMES C. CHEBET vs SAVINGS & LOAN KENYA LTD. [2002] KEHC 110 (KLR)

✦ The application is allowed as prayed with costs to the applicant.

BIRCH INVESTMENTS (EPZ) LTD vs NATIONAL WATER CONSERVATION & PIPEPLINE CORPORATION [2002] KEHC 606 (KLR)

✦ The court grants the interlocutory injunction pending the trial, finding that the applicant has a prima facie case and the potential for substantial damages.

John N. Michuki & another v Attorney-General & 2 others [2002] KEHC 1195 (KLR)

✦ The applicant has succeeded in part against both the first and second respondents.

AMIN LADAK vs ROTHMAN’S HOLDINGS LTD & ANOTHER [2002] KEHC 658 (KLR)

✦ The court extends the time granted for a further period of fifteen months from the date of expiration of the order.

M N K vs J N W,P KW,P N W [2002] KEHC 1015 (KLR)

✦ The court allows the petition filed by the petitioner and directs that the grant of letters of administration be issued in her name.

CASSIAN MWANYALO MWAGHANGA vs REPUBLIC [2002] KEHC 483 (KLR)

✦ The appeal is allowed, the conviction and sentence are quashed, and the Appellant is set free.

Republic v Mulwa [2002] KEHC 1102 (KLR)

NATHAN MWAKONDI DICKSON vs REPUBLIC [2002] KEHC 507 (KLR)

✦ The conviction and sentence are quashed and the appellant is convicted under Section 297(1) of the Penal Code with a maximum sentence of 7 years and 3 strokes of the cane.

DR. NDWIGA NJUE MWACHANDI & ANOTHER vs CHARLES MUNGAI NGANGA & ANOTHER [2002] KEHC 707 (KLR)

✦ The application is dismissed with costs.