Kenyan case law

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

✦ The application is dismissed with costs.

Republic v Mulwa [2002] KEHC 1102 (KLR)

CONTRACTORS CO. LTD. vs THE OWNERS OF THE MOTOR VESSEL “MUZAFFER AZIZ” [2002] KEHC 1047 (KLR)

✦ The court dismisses the application for dismissal of the suit, orders the plaintiff to pay costs, and directs the parties to complete discovery within 14 days.

KARUNGO THUKU KABIA vs TEACHERS SERVICE COMMISSION [2002] KEHC 258 (KLR)

✦ The application is dismissed as there is no valid legal basis for the orders sought.

JOHN OMAMBIA vs REPUBLIC [2002] KEHC 395 (KLR)

✦ The prosecution failed to prove their case beyond a reasonable doubt, and the conviction and sentence are quashed.

Mwachanje & 2 others v Republic [2002] KEHC 1108 (KLR)

SIMON MAINA KAMAU vs REPUBLIC [2002] KEHC 393 (KLR)

✦ The appeal is dismissed. The trial magistrate was entitled to regard the offence as of a serious nature and took into account all the circumstances.

JULIUS NZAE vs REPUBLIC [2002] KEHC 444 (KLR)

✦ The appeal is dismissed. The sentence of 18 months and two strokes of the cane is confirmed.

COSMAS KYULE NGUNUU vs REPUBLIC [2002] KEHC 372 (KLR)

✦ The evidence was conflicting and unreliable, and the convictions were unsafe. The charges were not proved beyond a reasonable doubt.

SALOME NYOKABI NGIRACHU vs NJOROGE NGANGA [2002] KEHC 909 (KLR)

✦ The court finds that adverse possession is proved and declares the plaintiff as the owner of the land, granting her a title certificate.

Ng’eno v Republic (Criminal Appeal 59 of 2001) [2002] KEHC 1099 (KLR) (3 May 2002) (Judgment)

✦ The charge sheet was fatally defective as it did not include the word 'unlawful' in the description of the crime. The conviction was quashed and the sentence set aside. A retrial could only be ordered if the proceedings themselves were defective.

OMAR MOHSIN & ANOTHER vs MACKENZI MARITIME HOLDING LTD. & ANOTHER [2002] KEHC 617 (KLR)

✦ The second plaintiff has no cause of action against the first defendant and the application is hereby allowed as prayed with costs.

National Bank Kenya Ltd v Paul Kibugi Muite [2002] KEHC 1119 (KLR)

✦ The defendant is granted unconditional leave to defend the suit, and the motion for summary judgment is refused with costs to the defendant.

OCEANIC VIEW HOTEL LTD vs KENYA COMMERCIAL BANK [2002] KEHC 582 (KLR)

✦ The court granted an order staying any further proceedings touching on the sale of the property subject of the suit until the proposed appeal is heard and determined.

DWIJENDRA KURMA VARMA t/a RIFKINS BUSINESS COLLEGE vs NATIONAL UNION OF KENYA MUSLIMS TRUST FUND [2002] KEHC 623 (KLR)

✦ The court finds that the Plaintiff is not in arrears of rent and that the Defendant cannot levy distress on the Plaintiff's business.

Oceanic View Hotel Ltd v Kenya Commercial Bank [2002] KEHC 1199 (KLR)

✦ The court granted an order staying any further proceedings touching on the sale of the property subject of the suit until the proposed appeal is heard and determined.

PLANET INTERNATIONAL LTD. ….. vs EDWARD OLUOCH ODUMBE T/A VIVATION ELECTRICALS & HARDWARE SUPPLIES [2002] KEHC 709 (KLR)

✦ The decree of execution is set aside, and the defendant is granted an extension of time to comply with the court order to supply particulars within the next 7 days.

REPUBLIC vs MBUVI WAMBUA [2002] KEHC 332 (KLR)

✦ The court found the accused's statement to be voluntary and signed, and ruled that it may be produced in evidence.

Muigai v Housing Finance Co of Kenya Ltd & another [2002] KEHC 1231 (KLR)

REPUBLIC v BONIFACE NGANGA MAILU [2002] KEHC 17 (KLR)

✦ The accused is acquitted of the charge of murder.

MELISSA ROGERS MALUMBEvs REPUBLIC [2002] KEHC 492 (KLR)

✦ The conviction was unsafe and the benefit of doubt should have been given to the appellant

MELISSA ROGERS MALUMBE vs REPUBLIC [2002] KEHC 923 (KLR)

✦ The conviction was most unsafe and the benefit of doubt ought to have been given to the appellant

N W G vs C O N [2002] KEHC 123 (KLR)

✦ The marriage is declared dissolved.

LESLIE SRINGER & 2 OTHERS vs HASSAN S. ISMAIL & ANOTHER [2002] KEHC 1054 (KLR)

✦ The court allows the application and orders the defendants to file and serve a new and fresh amended statement of defence within 7 days of the order.

In Re Techpack Industries Ltd Ex Parte Correa [2002] KEHC 1169 (KLR)