Kenyan case law

ELEONORA COZZI v ALI HUSSEIN MOTORS [2002] KEHC 937 (KLR)

✦ A Mandatory and Prohibitory injunction were granted against the Defendant.

JAMES GITUNGO NJIHIA vs REPUBLIC [2002] KEHC 497 (KLR)

✦ The sentence is reduced to a period served

KIMNGLAT ENTERPRISES v NAIROBI CITY COUNCIL [2002] KEHC 764 (KLR)

✦ The court increases the instructions fees to K.shs 30,500,000 (30.5 million shillings only) and allows the other contested items.

JOSLINE MUMO (A MINOR SUING THROUGH HER MOTHER AND NEXT FRIEND) MARIA GAKIRU KARIMBA) vs GIDEON MUTHAMIA [2002] KEHC 698 (KLR)

✦ The suit cannot be heard at the High Court due to lack of jurisdiction and is hereby struck out.

ELIZABETH WANGARI vs REPUBLIC [2002] KEHC 487 (KLR)

✦ Appeal against conviction dismissed; appeal against sentence reduced to the period already served by the appellant

NYEUSU LETO vs REPUBLIC [2002] KEHC 430 (KLR)

✦ The conviction is quashed and the sentence set aside

NOTCO (K) LIMITED v FINTEA LIMITED [2002] KEHC 578 (KLR)

✦ The application is dismissed with costs as the applicant has not shown any bona fides and the conduct of the applicant does not display any bona fides.

REPUBLIC v COMMISSIONER OF LANDS & ZAKARIUS MWERI BAYA (INTERESTED PARTY [2002] KEHC 1051 (KLR)

✦ The application is allowed with costs. The orders sought are granted.

MAAFRIKA WEIGHERS WAREHOUSE & GENERAL TRADERS LTD v LYDIA KAGUNDA JAPHETH [2002] KEHC 891 (KLR)

✦ The application for stay is dismissed with costs.

ANGLICAN CHURCH OF KENYA (UPPER COAST DIOCESE) AND IDIME ENTERPRISES vs ADDAH NYAMBOK [2002] KEHC 112 (KLR)

✦ The court grants the application to amend the Notice of Motion, as there is no provision in Order 53 Civil Procedure Rules prohibiting such amendments.

JOSEPH MBITHI BARASA vs REPUBLIC [2002] KEHC 355 (KLR)

✦ The prison sentence is reduced to a period served, and the strokes to one stroke, with the appellant to be released forthwith.

REPUBLIC vs SHADRACK MUNYASIA [2002] KEHC 1088 (KLR)

✦ The appeal is dismissed as filed out of time with no sufficient cause shown for delay

ANIL KAMDAR v MUSA BUCHAN [2002] KEHC 593 (KLR)

✦ The Court held in favor of the Plaintiff, awarding Kshs.646,800/- in total, costs to the Plaintiff, and interest on Kshs.226,000/- from the date of filing the claim until full settlement and on Kshs.420,000/- from the date of Judgment until full settlement.

PAUL GICHUKE KIBATHI v NATIONAL IRRIGATION BOARD [2002] KEHC 941 (KLR)

✦ The court holds the defendant liable for the plaintiff's injuries and awards Ksh.800,100/= in damages for pain and suffering.

Republic v Deputy Registrar, High Court Mombasa Ex Parte Tiomin (K) Ltd [2002] KEHC 1151 (KLR)

JOHN GAITA v SEAFORTH SHIPPING KENYA LTD & ANOTHER [2002] KEHC 540 (KLR)

✦ The Plaintiff's application to set aside or vary the order dismissing the suit is granted.

FLORINGO LTD v VIPINGO ESTATES LTD [2002] KEHC 581 (KLR)

✦ The application is dismissed with costs.

Kanorero River Farm Ltd and 3 others v National Bank of Kenya Ltd [2002] KEHC 1150 (KLR)

CHARLES MUTITU KIGAITA v REPUBLIC [2002] KEHC 464 (KLR)

✦ The death sentence is set aside and the appellant is sentenced to 3 years imprisonment plus 2 strokes of the cane.

LETEYIU OLE PALAKESU vs REPUBLIC [2002] KEHC 511 (KLR)

✦ The conviction and sentence are quashed and the case is ordered for retrial

LETEYIU OLE PALAKESU vs REPUBLIC (Criminal Appeal 382 of ??) [2002] KEHC 148 (KLR) (18 March 2002) (Judgment)

✦ The conviction and sentence are quashed and the case is ordered for retrial

NAKA INDUSTRIES LIMITED v COMMISSIONER OF CUSTOMS & EXCISE [2002] KEHC 717 (KLR)

✦ The sale of the goods by private treaty was lawful, and the Plaintiff is entitled to the proceeds after deducting certain expenses.

Mobile Kitale Service Station v Mobil Oil Kenya Limited & another [2002] KEHC 1185 (KLR)

✦ The injunction order is set aside, the plaint is struck, and the suit is dismissed against the plaintiff.

MOTORWAYS (K) LIMITED v UNITED INSURANCE CO. LTD [2002] KEHC 911 (KLR)

✦ The preliminary objection is dismissed

National Housing Corporation v Nairobi City Council & another [2002] KEHC 1160 (KLR)

✦ The court held that the defendant, Nairobi City Council, is not exempt from garnishee orders under the Local Government Act, Section 263A.