Kenyan case law

PATRICK MURAGE NGURU vs REPUBLIC [2002] KEHC 571 (KLR)

✦ The appeal is dismissed in its entirety. The appellant was convicted of grievous harm and sentenced to 2 years imprisonment and 3 strokes of the cane. The court finds the evidence against the appellant was overwhelming and the appellant was not in real threat to his life.

RAVJI KARSANI SANHANI vs PETER GAKUNU [2002] KEHC 1068 (KLR)

✦ The Plaintiff is entitled to the interim prayers he seeks, and the application is allowed.

PRISCILLA JEMUTAI KOLONGEI vs REPUBLIC (Criminal Application 319 of 2002) [2002] KEHC 431 (KLR) (Crim) (10 April 2002) (Ruling)

✦ The application for bail is dismissed as the trial has been listed to start within a reasonable time and no prejudice shall be occasioned to the applicant.

PRISCILLA JEMUTAI KOLONGEI vs REPUBLIC (Criminal Application 319 of 2002) [2002] KEHC 133 (KLR) (Crim) (10 April 2002) (Ruling)

✦ The application for bail is dismissed as the trial has been listed to start within a reasonable time and no prejudice shall be occasioned to the applicant.

In Re: NJAU NDUNGI [2002] KEHC 1235 (KLR)

✦ The court finds that the parcel of land known as NDUMBERI/TINGANGA/478 does not exist anymore due to subdivision, and the grant of letters of administration is revoked.

MADHAVJI HARJI JETHWA & 2 OTHERS vs ATLANTIC ENGINNERING & PLUMBING WORKS LIMITED [2002] KEHC 824 (KLR)

✦ The Appeal is dismissed.

BENARD OBIERO ONUNGA vs REPUBLIC [2002] KEHC 504 (KLR)

DIAMOND TRUST BANK (K) LTD. vs JOSUF KHAN JAMAL KHAN HAMAD KHAN & ANOTHER [2002] KEHC 539 (KLR)

✦ The application shall be deemed as having been allowed with costs in default, subject to the 1st Defendant providing acceptable security for the outstanding amount to be deposited with the Court within 6 days from the date of this Ruling.

ALEXANDER KALOKI NZAU……. vs REPUBLIC [2002] KEHC 1255 (KLR)

✦ The sentence for robbery is reduced to 31⁄2 years imprisonment plus 2 strokes each. The sentence for personation is reduced to one year's imprisonment running concurrently.

MOHAMUD MOHAMED vs REPUBLIC [2002] KEHC 467 (KLR)

✦ The appeal is allowed, reducing the sentence to the period already served, and the appellant shall be released forthwith unless otherwise lawfully held.

JOHN MARTIN ODINGI MITO v REPUBLIC [2002] KEHC 1238 (KLR)

✦ The conviction is quashed and the sentence set aside

REPUBLIC vs SHIDA NGUMBAO KAGOMBO [2002] KEHC 328 (KLR)

✦ The court finds the charge of murder not proven beyond reasonable doubt and acquits the accused

Perry Muhindi Achega v Republic [2002] KEHC 1264 (KLR)

✦ The court agrees with Miss Nyamosi and orders that the security be produced and deemed adequate security for the release of the accused person in Criminal Case 32/2002 as ordered in the Lower Court.

MOHAMED ALI SEMPALA vs REPUBLIC [2002] KEHC 451 (KLR)

✦ The plea of guilty is set aside and the conviction is quashed. The appellant is to be repatriated to Uganda by the Emigrations Emigrants only.

Joseph Njau Kingori v Robert Maina Chege & 3 others [2002] KEHC 1192 (KLR)

✦ The application to join Peter Kuria Chege as a defendant fails because the plaintiff has not shown that the estate has been wound up and that the administrator is the one who knows more about the events leading to the proceedings.

SAMSON ZAKAYO MUTEMBESI vs REPUBLIC [2002] KEHC 43 (KLR)

✦ The sentence is reduced to a period served and the appellant is ordered to be released forthwith.

ANTHONY KAMU KAMAU vs REPUBLIC [2002] KEHC 44 (KLR)

✦ The prison sentence is reduced to a period served and the strokes to two strokes which be inflicted and the appellant be released forthwith thereafter.

JOHN LUGONGO MARAINI vs REPUBLIC [2002] KEHC 370 (KLR)

✦ The sentence on each count is reduced to 4 years and 3 months imprisonment to run concurrently plus one stroke on each of the count nos.1,2,3,6 and 8. The strokes on count Nos.4 and 9 are set aside.

JAMES GITUNGO NJEHIA & 2 others v REPUBLIC [2002] KEHC 488 (KLR)

✦ Convictions for robbery are substituted for the three counts, and death sentences are set aside. Each appellant is sentenced to 61⁄2 years imprisonment on each of the three counts, to run concurrently.

ALBERT NANDWA AYOMA & another v REPUBLIC [2002] KEHC 385 (KLR)

✦ The conviction for Robbery is substituted for the death sentence, and both appellants are sentenced to 4 1⁄2 years imprisonment with effect from 12th June, 2000 plus two strokes for 1st appellant.

Republic v Speaker of the National Assembly & another ex parte Jusuf Mahmoud Aboubakar [2002] KEHC 1216 (KLR)

✦ The court finds in favor of the applicants and orders the Speaker of the National Assembly to declare the Likoni parliamentary seat vacant.

BANK OF CREDIT & COMMERCE INTERNATIONAL (OVERSEAS) LIMITED & another v SUN PRODUCE EXPORTERS LIMITED & 3 others [2002] KEHC 574 (KLR)

✦ Application dismissed

In Re the estate of Nganga Konga (Deceased) [2002] KEHC 104 (KLR)

✦ The court rejected the alternative prayer for arbitration and proceeded to hear the Notice of Motion for revocation of the certificate of succession.

EUNICE WAKARIMA KIMOTHO vs NANCY NYOKABI [2002] KEHC 1016 (KLR)

✦ Nancy and Eunice jointly be granted letters of administration

KIPYATOR NICHOLAS KIPRONO BIWOTT v GEORGE MBUGUSS AND KALAMKA LTD [2002] KEHC 949 (KLR)

✦ Judgment had already been entered for the plaintiff on liability.