Kenyan case law

Kenya Hotels and Allied Workers Union v Registrar of Trade Unions [2005] KEHC 927 (KLR)

✦ The Applicant Union succeeds in his application and the decision of the Registrar of Trade Unions to revoke Mr. Rono's appointment is quashed.

Athman Ali Masha v Idi Obrahim Ndegwa & 2 others [2005] KEHC 789 (KLR)

✦ The application is dismissed with costs as the failure to attend court was deliberate and the step to amend the plaint was not in good faith.

JOHN SIGIRI OLE SIRON v REPUBLIC (Criminal Appeal 337 of 2003) [2005] KEHC 450 (KLR) (28 September 2005) (Judgment)

✦ The conviction is quashed and the sentence set aside

NAGAWA HANNAH LULE V ADILLA MALIK [2005] KEHC 3133 (KLR)

✦ The application is granted

JOHN MUIGAI NJEHIA v REPUBLIC [2005] KEHC 451 (KLR)

✦ The conviction for rape and indecent assault is upheld, but the sentence of 45 years is reduced to 15 years with hard labor.

China Sichuan International Co-operation Company Ltd (SIETCO) v Syokimau Dam Estates & 2 others [2005] KEHC 3353 (KLR)

✦ The court allowed the Plaintiff's prayers and granted an Order for Costs, but excluded the properties LR No. 12715/318 and LR 12715/629 from the Order.

Julius Kamande Kamau v Eliud Mbugua Mwangi & another [2005] KEHC 3338 (KLR)

✦ The receiving order was valid and the application to set it aside is dismissed

ALI LAZARO & 42 OTHERS v ROMOLO SEVERIN T/A ROMOLO SEVERIN & another [2005] KEHC 123 (KLR)

✦ The defendants’ application to strike out the suit is dismissed with no orders as to costs. The plaintiffs’ application for amendment is allowed, and the plaintiffs are ordered to pay the costs of the application to the defendants.

Getrude Akungo (a minor suing through her next friend and mother Carolyne Atieno MC Ojwang); Irene Oyoo (a minor suing through her next friend and mother Carolyne Atieno MC Ojwang); Carolyne Atieno MC Ojwang v James Mwangi Muturi t/a Total Westend Se (Civil Suit 161 of 1998) [2005] KEHC 1449 (KLR) (28 September 2005) (Judgment)

✦ The court awards Kshs.700,000 to Getrude Akongo, Kshs.800,000 to Irene Ayoo, and Kshs.700,000 to Carolyne Atieno Mc Ojwang for general damages. The defendants are ordered to pay the plaintiffs the full costs of the suit.

Eva Wangui Murua v Kigerua Motors Ltd & 3 others [2005] KEHC 402 (KLR)

✦ The application dated 27th November, 2004 is hereby struck out with costs.

Thuo v Muya & another (Civil Appeal 106 of 2003) [2005] KEHC 1535 (KLR) (28 September 2005) (Ruling)

✦ The application is dismissed with costs.

Philip Kimutai Koech v Republic [2005] KEHC 418 (KLR)

✦ The appeal is allowed, the sentence of 5 years imprisonment is reduced to the period already served, and the appellant will receive 2 strokes of the cane before being released.

MUSIMBA INVESTMENT LTD V ISMAIL MAWJI & ANOTHER [2005] KEHC 3366 (KLR)

✦ The court granted the Plaintiff's request for a restraining order against the 1st and 2nd Defendants from taking over the Plaintiff's offices and business, except for the equipment in the fixed debenture, the Visiotics Golf Simulator.

James Kaluko Kyalo v Karisa Charo Nyamawi [2005] KEHC 1082 (KLR)

Kaunda Ole Mpatra v Republic [2005] KEHC 3223 (KLR)

✦ The appeal is dismissed as the conviction and sentence are safe and well-merited.

John Otira Taro v Republic [2005] KEHC 3228 (KLR)

✦ The sentence for grievous harm is set aside and reduced to 5 strokes of the cane. The sentence for defilement is confirmed.

Jacob Mundia Macharia v John Waithaka Kimundu [2005] KEHC 1425 (KLR)

✦ The application is granted, and the suit is reinstated for hearing and determination on merit.

John Githui Nathan Ikubu v Housing Finance Company of Kenya Limited [2005] KEHC 808 (KLR)

✦ The court granted a temporary injunction restraining the defendant from selling or disposing of the property pending the hearing and final determination of the suit.

AMI DEVELOPMENT SERVICES LTD & 6 OTHERS V DAVID KAHUHUA GITAU & 8 OTHERS [2005] KEHC 590 (KLR)

✦ The defendants' application for an extension of time to file a Notice of Claim against the 1st and 2nd third parties is granted.

CHABHADIA ENTERPRISES LTD & ANOTHER V MARY NASIMIYU [2005] KEHC 545 (KLR)

✦ The counterclaim is dismissed for lack of merit.

NURI ABDULLATIF V RIVERSIDE MANSIONS LTD [2005] KEHC 699 (KLR)

✦ The High Court of Kenya at Nairobi, Civil Case 1201 of 1998, dismissed the plaintiff's claim for special damages.

Dancan Njogu Kiambati v Republic [2005] KEHC 1623 (KLR)

✦ The conviction is upheld, and the sentence is reduced to the period already served.

MAVJI DEVJI PATEL & COMPANY V NATIONAL SOCIAL SECURITY FUND, MUGOYA CONSTRUCTION & ENGINEERING LTD, SOLOLO OUTLETS LIMITED & CYPERR PROJECTS INTERNATIONAL LIMITED (Civil Suit 1 of 1995) [2005] KEHC 548 (KLR) (28 September 2005)

✦ The court held that the refusal to release the road roller was unjustified and that the plaintiff was entitled to a remedy.

Dancan Njogu Kiambati v Republic [2005] KEHC 3067 (KLR)

✦ The conviction is upheld, and the sentence is reduced to the period already served.

KAYDEE CONSTRUCTION COMPANY LTD V COMPOSITE PROPERTY BUILDERS LIMITED & ANOTHER [2005] KEHC 667 (KLR)

✦ The plaintiff is entitled to judgment against the defendants jointly and severally for Shs.5,988,211/- with costs and interest thereon.