Kenyan case law

• JOSEPETE NYAMOHANGA MUSIMO vs JOSEPETE NYAMOHANGA MUSIMO [2003] KEHC 138 (KLR)

  ✦ The application is dismissed with costs, and the child is ordered to be handed over to the mother.

  [2003] KEHC 138 (KLR) High Court of Kenya 28 January 2003

• ROSE WANJIKU KURIA vs NGANGA MUGWE [2003] KEHC 869 (KLR)

  ✦ The court dismisses the application with no order as to costs, as there are no provisions under the Law of Succession Act and Rules empowering the court to authorize the Registrar, Deputy Registrar, or any other officer of the court to perform the duties requested by the applicant.

  [2003] KEHC 869 (KLR) High Court of Kenya 27 January 2003

• MICHEAL NGIGE NJOROGE vs KARIUKI WAIREGI [2003] KEHC 786 (KLR)

  ✦ The chamber summons is entertainable and the provisions of the Civil Procedure Act and Rules apply in proceedings under the Law of Succession Act.

  [2003] KEHC 786 (KLR) High Court of Kenya 27 January 2003

• NGURUMAN LIMITED vs SHOMPOLE GROUP RANCH & 3 OTHERS [2003] KEHC 720 (KLR)

  ✦ The court strikes out the defendants' statement of defence and enters judgment in favor of the plaintiff.

  [2003] KEHC 720 (KLR) High Court of Kenya 24 January 2003

• Mwangi v Githinji (Civil Application 231 of 2002) [2003] KEHC 1018 (KLR) (24 January 2003) (Judgment)

  ✦ The court awarded Kshs. 2.6 million for lost years, considering a period of 25 years and a monthly income of Kshs.10,000/=. The claim for loss of dependency was subsumed in the award for lost years.

  [2003] KEHC 1018 (KLR) High Court of Kenya 24 January 2003

• G M C vs O N [2003] KEHC 523 (KLR)

  ✦ The petition succeeds, and the marriage between the Petitioner and the Respondent is hereby ordered dissolved.

  [2003] KEHC 523 (KLR) High Court of Kenya 23 January 2003

• Madhupaper International Ltd & another v Kenya Commercial Bank Ltd & 2 others [2003] KEHC 991 (KLR)

  ✦ The plaintiffs' suit succeeds against all three defendants, and the Court awards judgment for the plaintiffs to recover Shs 56 million with interest and costs.

  [2003] KEHC 991 (KLR) High Court of Kenya 23 January 2003

• Madhupaper International Limited & another v Kenya Commercial Bank Limited & 2 others (? 1263 of 1992) [2003] KEHC 725 (KLR) (23 January 2003)

  ✦ The court finds in favor of the plaintiffs, awarding them Shs56,000,000 in restitution and interest, and ordering the defendants to pay the plaintiffs' costs.

  [2003] KEHC 725 (KLR) High Court of Kenya 23 January 2003

• In Re: SHEIKH FAZAL ILAHI [2003] KEHC 865 (KLR)

  ✦ The court refuses to hear the application as ex-parte and shall not make any order thereon ex-parte. The applicant can file an application after complying with the order of 16th September, 2002.

  [2003] KEHC 865 (KLR) High Court of Kenya 21 January 2003

• DAVID G. NJOROGE vs ATTORNEY GENERAL [2003] KEHC 713 (KLR)

  ✦ Judgment for the plaintiff in the sum of Kshs.305,000 with costs and interest

  [2003] KEHC 713 (KLR) High Court of Kenya 21 January 2003

• ANNE WAIRIMU KINYANJUI vs GITAU KINYANJUI GACHUI [2003] KEHC 554 (KLR)

  ✦ The repayments made by David and John to the estate in the sum of Kshs.3,150,000/= for the Co-operative Bank of Kenya Loan and Kshs.200,000/= for the hospital charges are improper and have to be refunded to the estate.

  [2003] KEHC 554 (KLR) High Court of Kenya 21 January 2003

• PHILIP KIMANI NGUGI vs THE ATTORNEY GENERAL [2003] KEHC 896 (KLR)

  ✦ The court finds that the plaintiff's injuries were caused by the police officers' assault and awards him Kshs.1,500,000 in damages with costs and interest.

  [2003] KEHC 896 (KLR) High Court of Kenya 21 January 2003

• REGISTERED TRUSTEES vs MVITA DEVELOPMENT & INVESTMENTS LIMITED [2003] KEHC 576 (KLR)

  ✦ The Court granted the Plaintiff's application for a temporary injunction.

  [2003] KEHC 576 (KLR) High Court of Kenya 21 January 2003

• IN THE MATTER OF THE ESTATE OF MWANGI MUGWE ALIAS ELIEZA NGWARE (DECEASED) [2003] KEHC 872 (KLR)

  ✦ The application is dismissed as the provisions of the Law of Succession Act do not allow for substitution of a deceased single administrator, and the consent to the application is invalid.

  [2003] KEHC 872 (KLR) High Court of Kenya 21 January 2003

• J K L vs N B L [2003] KEHC 250 (KLR)

  ✦ Petitioner's petition dismissed on grounds of lack of evidence for desertion and cruelty. Prayer (b) granted for maintenance.

  [2003] KEHC 250 (KLR) High Court of Kenya 17 January 2003

• L W M vs S H M ALIAS S M [2003] KEHC 259 (KLR)

  ✦ The marriage is dissolved, and the petitioner is granted custody of the children.

  [2003] KEHC 259 (KLR) High Court of Kenya 17 January 2003

• MUSEVEKI MASYUKI vs KASYOKA MVUBI [2003] KEHC 78 (KLR)

  ✦ The court found the defendant's words to be defamatory and awarded the plaintiff Kshs.4,500 in damages.

  [2003] KEHC 78 (KLR) High Court of Kenya 17 January 2003

• JOSEPH MUIA v KASILO MUTUNE & ANOTHER [2003] KEHC 22 (KLR)

  ✦ The appeal against the second respondent is dismissed with costs, and the appeal against the first respondent is allowed with costs, but no assessment of damages is made.

  [2003] KEHC 22 (KLR) High Court of Kenya 17 January 2003

• MWONGELI NTHIANI vs EVEREST ENTERPRISES & ROBERT JOSIA MWANGI [2003] KEHC 69 (KLR)

  ✦ The exparte judgement is set aside on condition that the defendants deposit the judgement amount in an interest-earning account within 60 days. The defendants are allowed to file and serve their defence within 14 days, and the plaintiff is given 14 days to file a reply.

  [2003] KEHC 69 (KLR) High Court of Kenya 17 January 2003

• JOSEPH MAVULU MUTUA vs SAMUEL NJOROGE MWANGI [2003] KEHC 61 (KLR)

  ✦ The defendant is found liable for the accident and ordered to compensate the plaintiff for special and general damages, costs, and interest.

  [2003] KEHC 61 (KLR) High Court of Kenya 17 January 2003

• BEN KAMARA vs THE HON. THE ATTORNEY GENERAL [2003] KEHC 618 (KLR)

  ✦ The defendant was found negligent and liable for the shooting, and the plaintiff was awarded exemplary and general damages.

  [2003] KEHC 618 (KLR) High Court of Kenya 16 January 2003

• NATHALAL BJAGWANJI MEHTA AND ANOTHER vs MUBEEN EMPORIUM [2003] KEHC 757 (KLR)

  ✦ The landlord's intention to occupy the premises for a period of not less than one year as a business and residence is established

  [2003] KEHC 757 (KLR) High Court of Kenya 16 January 2003

• SABASTIAN NYAGA KIBACHU vs DANCANT NYAGA KAMUTU [2003] KEHC 796 (KLR)

  ✦ The appeal is dismissed with costs

  [2003] KEHC 796 (KLR) High Court of Kenya 14 January 2003

• OLIVER KANGWANA SHIVAMBO vs REPUBLIC [2003] KEHC 281 (KLR)

  ✦ The sentence of 3 years imprisonment plus 3 strokes of the cane is reduced to 18 months imprisonment and 1 stroke of the cane.

  [2003] KEHC 281 (KLR) High Court of Kenya 9 January 2003

• JOSEPH NJOROGE CHEGE vs REPUBLIC [2003] KEHC 1006 (KLR)

  ✦ The conviction and sentence for defilement were upheld, but the sentence of 12 strokes of the cane was reduced to 3 months imprisonment. The conviction and sentence for assault were upheld.

  [2003] KEHC 1006 (KLR) High Court of Kenya 9 January 2003