Kenyan case law

• PETER GICHUKI WANGARE vs REPUBLIC [2003] KEHC 533 (KLR)

  ✦ The sentence is reviewed, and the appellant is ordered to pay a fine of Ksh.30,000/= in default of serving one year imprisonment on each count.

  [2003] KEHC 533 (KLR) High Court of Kenya 21 February 2003

• CELINA WANZA NJOGU vs JAMES KAMANJA GATHUKU T/A JAMES GATHUKU & CO. ADVOCATES [2003] KEHC 212 (KLR)

  ✦ The court finds that the amount of Kshs.217,950/= is due to the applicant from the respondent. The said amount plus costs are to be paid to the applicant through her advocate.

  [2003] KEHC 212 (KLR) High Court of Kenya 21 February 2003

• Boneri Marine Products Ltd & 2 others v Listo Limited & another [2003] KEHC 1001 (KLR)

  ✦ The application is granted. The applicant deposits half of the decretal amount in court as security or executes a bankers guarantee or a bond for the said half of the decretal amount.

  [2003] KEHC 1001 (KLR) High Court of Kenya 21 February 2003

• Ngetich, In re estate of [2003] KEHC 933 (KLR)

  ✦ The transfer of land to the petitioner was blocked and not completed. The Court ruled that the will was not absolute and could be interfered with if necessary.

  [2003] KEHC 933 (KLR) High Court of Kenya 21 February 2003

• Patrick Nganga Kamwena v Edward Nganga Mucheru [2003] KEHC 854 (KLR)

  ✦ The appeal is dismissed with costs as the appellant failed to prove that the dogs which bit him belonged to the respondent on a balance of probabilities

  [2003] KEHC 854 (KLR) High Court of Kenya 20 February 2003

• In the Matter of the Estate of Morison Muhika Njoroge (Deceased) [2003] KEHC 984 (KLR)

  ✦ The application for confirmation of the grant of letters of administration issued on 11th April 1996 is dismissed. The administrators appointed on 18th May 1999 are Clement Kinuthia Njoroge, Michael Peter Njoroge, Mburu Karichu and Gerald Muhika Njoroge.

  [2003] KEHC 984 (KLR) High Court of Kenya 20 February 2003

• Leah Nyokabi v Kiarie Wahothi ‘B’ [2003] KEHC 802 (KLR)

  ✦ The court allows the appeal and declares that the appellant owes no money to the respondent and can pay none to him

  [2003] KEHC 802 (KLR) High Court of Kenya 20 February 2003

• JOSEPH NJOROGE GATURA vs REPUBLIC [2003] KEHC 474 (KLR)

  ✦ The appellant Joseph Njoroge Gatura is found guilty of robbery and sentenced to two years imprisonment with 2 strokes of the cane and 5 years police supervision. The appellant Titus Mburu Karanja's conviction is quashed and he is set free.

  [2003] KEHC 474 (KLR) High Court of Kenya 19 February 2003

• Kenya Bus Services Ltd. v David Kanyari Mwangi [2003] KEHC 774 (KLR)

  ✦ The appeal is allowed, and the lower court order is set aside. The respondent’s suit is dismissed with costs.

  [2003] KEHC 774 (KLR) High Court of Kenya 19 February 2003

• DANI GITHINJI NJOGU vs REPUBLIC [2003] KEHC 844 (KLR)

  ✦ The appeal is dismissed as the offence was proved beyond doubt and the sentence was lenient.

  [2003] KEHC 844 (KLR) High Court of Kenya 19 February 2003

• Joseph Sudai Tsuma v Republic [2003] KEHC 379 (KLR)

  ✦ The conviction and sentence in all counts are quashed and set aside

  [2003] KEHC 379 (KLR) High Court of Kenya 19 February 2003

• PETER MAINA THUKU vs REPUBLIC [2003] KEHC 307 (KLR)

  ✦ The sentence of 2 years imprisonment is upheld, but the sentence of 12 strokes of the cane is reduced to 2 strokes.

  [2003] KEHC 307 (KLR) High Court of Kenya 19 February 2003

• DANI GITHINJI NJOGU vs REPUBLIC [2003] KEHC 315 (KLR)

  ✦ The offence was proved beyond doubt, and the sentence of two years imprisonment is lenient. The appeal is accordingly dismissed.

  [2003] KEHC 315 (KLR) High Court of Kenya 19 February 2003

• JOSEPH NJOROGE GATURA vs REPUBLIC [2003] KEHC 151 (KLR)

  ✦ The offence was proved beyond doubt against the appellant Joseph Njoroge Gatura. The appellant's conviction is upheld. The appellant Titus Mburu Karanja's conviction is quashed and sentence set aside.

  [2003] KEHC 151 (KLR) High Court of Kenya 19 February 2003

• David Otieno Owiyo v Bands Sacco Society Limited [2003] KEHC 81 (KLR)

  ✦ The application has no merit and is dismissed with costs.

  [2003] KEHC 81 (KLR) High Court of Kenya 19 February 2003

• Alice Wanjiru Gichanga v Republic [2003] KEHC 398 (KLR)

  ✦ The court found the charge to be defective and the plea not unequivocal, thus overturning the conviction and sentence.

  [2003] KEHC 398 (KLR) High Court of Kenya 18 February 2003

• Margaret Wairimu Waweru v Livingstone Ngugi Gikuri (Civil Appeal 380 of 2000) [2003] KEHC 781 (KLR) (Civ) (18 February 2003) (Judgment)

  ✦ The appeal is struck out for being incompetent due to the appellant's failure to seek leave from the lower court to lodge the appeal or before seeking leave of this court to lodge it out of time.

  [2003] KEHC 781 (KLR) High Court of Kenya 18 February 2003

• Jackson Wanyoike v Kenya Bus Services Ltd & another [2003] KEHC 36 (KLR)

  ✦ The defendants are liable to the plaintiff to the extent of 100% for the injuries sustained. The plaintiff will be awarded Kshs.300,000.00 as general damages and Kshs.1,100.00 as special damages.

  [2003] KEHC 36 (KLR) High Court of Kenya 17 February 2003

• Salim Mbarak Bahamed v Ali Ahmed Surur [2003] KEHC 641 (KLR)

  ✦ The preliminary objection is dismissed as the defendant's arguments are not valid.

  [2003] KEHC 641 (KLR) High Court of Kenya 14 February 2003

• NANCY WANJIKU NG’ANGA vs THE STANDARD LTD & ANOTHER [2003] KEHC 508 (KLR)

  ✦ the objection raised by Mr. Gichana is dismissed

  [2003] KEHC 508 (KLR) High Court of Kenya 14 February 2003

• Doshi of Company (K) Limited v Datini Mercantile Limited [2003] KEHC 654 (KLR)

  ✦ Judgment for the plaintiff in the sum of Kshs.1,697,178.96 plus costs and interest.

  [2003] KEHC 654 (KLR) High Court of Kenya 14 February 2003

• Niaz Mohamed Jan Mohamed v The Commissioner of Lands & 4 others [2003] KEHC 646 (KLR)

  ✦ The application for an injunction is dismissed due to the plaintiff's failure to take any steps towards the prosecution of the case.

  [2003] KEHC 646 (KLR) High Court of Kenya 14 February 2003

• Edward Muthoni Ndiguitha v Edward Mwangi Ngure (Civil Case 2986 of 1995) [2003] KEHC 675 (KLR) (Civ) (13 February 2003) (Judgment)

  ✦ The plaintiff's suit is struck out as incompetent with costs.

  [2003] KEHC 675 (KLR) High Court of Kenya 13 February 2003

• Thriftec Limited v Maridadi Building Contractors Ltd [2003] KEHC 780 (KLR)

  ✦ The court dismisses the cross-appeal and allows the appellant's appeal, setting aside the learned magistrate's judgment and substituting it with one which awards the appellant the whole sum of Kshs.369,760/= with costs and interest from the date of filing suit.

  [2003] KEHC 780 (KLR) High Court of Kenya 13 February 2003

• Magimbi Augustine Msangi v Republic [2003] KEHC 403 (KLR)

  ✦ Conviction upheld, sentence of 3 years imprisonment set aside and substituted with 1 year imprisonment

  [2003] KEHC 403 (KLR) High Court of Kenya 13 February 2003