Kenyan case law

VICTORIA COMMMERCIAL BANK LTD vs CHARLES LUTTA KASAMANI [2001] KEHC 104 (KLR)

✦ The Court declines to exercise its discretion in favor of the Defendant and dismisses the application with costs.

SUSAN NYAMBURA HINGA vs CONCORD INSURANCE CO. LTD [2001] KEHC 470 (KLR)

✦ The defendant is liable to pay the sums awarded to the plaintiff in HCCC No. 4845 of 1986 and accordingly judgment is entered in favour of the plaintiff against the defendant as prayed in the plaint with costs and interest.

GIFT TUMBO v REPUBLIC [2001] KEHC 304 (KLR)

✦ The appeal is dismissed. The conviction for arson is upheld, and the sentence of 5 years imprisonment is upheld.

WASUA MUTHAMA vs MUSEMBI MUINDI [2001] KEHC 485 (KLR)

✦ The defendant was not entitled to the land he cultivated on the plaintiff's plot, and the plaintiff's registration was valid.

Ssebaggala & Sons Electric Centre Ltd v Kenya National Shipping Line Ltd [2001] KEHC 851 (KLR)

✦ The preliminary objections are dismissed. The affidavit is not struck out and the application is allowed.

Volcano Engineering Ltd And Another vs Owners And Captain of M/V 'Globe Tours' [2001] KEHC 779 (KLR)

✦ The warrant of arrest is set aside due to the defectiveness of the affidavit, and the Defendants' application is granted with costs.

TRISHUL CONSTRUCTION COMPANY LTD v NATIONAL SOCIAL SECURITY FUND [2001] KEHC 20 (KLR)

✦ The application is dismissed as there is no dispute between the parties with regard to the matters agreed to be referred to arbitration. The suit is not struck out due to the omission of the words 'Board of Trustees' in the Defendant's name.

JOHN MUSAU KIOKO vs REPUBLIC [2001] KEHC 396 (KLR)

✦ The sentence of ten (10) years imprisonment is set aside and substituted with a sentence of three (3) years imprisonment

THOMAS MARANGA MAOSA vs REPUBLIC [2001] KEHC 219 (KLR)

✦ The court grants the application and admits the applicant to bail with certain conditions.

THUO KARIUKI vs MBAI GATUMA,THIRU NGUTHIRU & B. MATHONDU MASHUA [2001] KEHC 576 (KLR)

✦ The Plaintiff is not a partner of the registered partnership and the statute of limitation has run, thus dismissing the Plaintiff's case with costs

SIMON THUO vs REPUBLIC [2001] KEHC 223 (KLR)

✦ The appeal will be heard quickly and the appeal records will be placed before the judge for admission and hearing.

HENRY MURANJE vs REPUBLIC [2001] KEHC 211 (KLR)

Welcome Properties ltd v Jackson Kamau Karuga & 2 others [2001] KEHC 814 (KLR)

✦ Proceedings are struck out with costs to the respondents.

WHEEL BASE LIMITED vs KPSITOI FARM COMPANY LTD [2001] KEHC 424 (KLR)

✦ The Court finds that the Defendant's Defence raises a triable issue regarding the value of the tractor and thus does not raise no triable issues.

WILSON MWANGI KARIUKI vs REPUBLIC [2001] KEHC 302 (KLR)

✦ The appeal is dismissed as there is no good reason to depart from the finding of the Trial Court.

ZADOCK KASEMBELI vs ALBERT THANDE [2001] KEHC 130 (KLR)

✦ The court finds that the deceased estate is entitled to a claim of Ksh.398,160 under the Fatal Accidents Act and Ksh.86,934 under Special Damages. The plaintiff is awarded 60% of the total quantum.

ZAHRA SPARES LIMITED vs FIDELITY COMMERCIAL BANK LTD [2001] KEHC 601 (KLR)

John Kamau Icharia v Attorney General [2001] KEHC 839 (KLR)

✦ The court held that the police did not have justifiable cause to enter the church and mete out violence on the people there. The plaintiff was awarded Kshs 450,000/= in general and exemplary damages.

STANDARD CHARTERED BANK (K) LTD v JOSEPH NGALA MWENGEA [2001] KEHC 22 (KLR)

✦ The court sets aside the lower court's decision and allows the appeal, ordering the respondent to wait until retirement age to receive his benefits

SKY PHARMACY LIMITED vs LYNX PHARMACY LIMITED [2001] KEHC 495 (KLR)

✦ The court granted summary judgment in favor of the plaintiff for Shs.749,481.50 plus costs and interest.

GEORGE MUKURU MUCHAI vs THE STANDARD LIMITED [2001] KEHC 564 (KLR)

✦ The court dismissed the plaintiff's claim for defamation, finding that the plaintiff was the only witness and that no evidence of malice was adduced.

SIMON NJENGA NDUNGU vs REPUBLIC [2001] KEHC 317 (KLR)

✦ The conviction is quashed, and the sentence is set aside. The appellant is set free forthwith unless otherwise lawfully held.

SIMON MWANGI THUO vs REPUBLIC [2001] KEHC 350 (KLR)

✦ The appeal is dismissed as the learned trial magistrate applied the correct principles in sentencing the appellant and there is no reason to interfere with the sentence.

SIMON KARANJA NDUASHEY vs REPUBLIC [2001] KEHC 286 (KLR)

✦ The convictions and sentences are quashed, and the appellants are set at liberty.

EUSTACE ITHENYA GATHONI vs REPUBLIC [2001] KEHC 272 (KLR)

✦ The conviction for capital robbery is substituted with robbery, and the death sentence is set aside. The appellant is sentenced to 31.5 years imprisonment with effect from 21st April, 1999 plus two strokes.