Kenyan case law

KANGETHE NGURUNA v KANGETHE GITHUA [2002] KEHC 981 (KLR)

✦ The court ordered the refund of Kshs.110,894/= costs of the suit and interest on the principal amount and on the interest.

M.W.M v P.M.M [2002] KEHC 306 (KLR)

✦ The Court finds for the Petitioner and grants the divorce.

MOSES MUNGA MBIYU v C.F.C. BANK LTD [2002] KEHC 1075 (KLR)

✦ The application for review is dismissed with costs

JOHN MBUTHIA MBUGUA vs REPUBLIC [2002] KEHC 47 (KLR)

✦ The sentence of 3 years imprisonment plus 6 strokes is reduced to 21⁄2 years imprisonment plus 2 strokes.

MOHAMED TWAHIR MOHAMED,MOHAMED ALI vs THE REPUBLIC THRO’,THE KENYA REVENUE AUTHORITY,THE COMMISSIONER OF POLICE,THE HONOURABLE THE ATTORNEY-GENERAL [2002] KEHC 222 (KLR)

✦ The matter is certified as urgent.

PAN AFRICAN BANK LTD v JASOP LIMITED & 2 OTHERS [2002] KEHC 1066 (KLR)

✦ The court finds no credible testimony that the plaintiff is unable to pay the defendants' costs and dismisses the application.

MUTUA KIOKO v ANNA MUKONYO KIMEU [2002] KEHC 697 (KLR)

✦ The court nullified the proceedings of the formal proof hearing and ordered the plaintiff to file and serve the amended plaint.

REPUBLIC vs HENRY NYAMAI NGUMBI [2002] KEHC 326 (KLR)

Mercedes Sanchez Rau Tussel v Samken Ltd, Abercrombie & 2 others [2002] KEHC 543 (KLR)

✦ The court granted leave to execute the decree before costs were ascertained

JOSEPH JUMA OBONYO vs REPUBLIC [2002] KEHC 461 (KLR)

✦ The conviction is quashed and the sentence set aside. The appellant is hereby set at liberty unless otherwise lawfully held.

JOEL MURIITHI KARANI vs REPUBLIC [2002] KEHC 392 (KLR)

✦ The appeal is allowed, and the appellant is set at liberty.

MUTUA KIOKO v ANNA MUKONYO KIMEU [2002] KEHC 162 (KLR)

✦ The proceedings of the formal proof hearing are nullified. The plaintiff is directed to comply with the orders of Bhatt, Principal Deputy Registrar, granted on 8th June, 2000.

Pan African Bank Ltd v Jasop Limited braham Kiptanui & another [2002] KEHC 942 (KLR)

✦ The application for security for costs is dismissed as there is no credible testimony showing the plaintiff is unable to pay costs.

JULIUS MUTHANGA MALUKI v REPUBLIC [2002] KEHC 505 (KLR)

✦ The appeal is allowed, and the sentence of 6 years imprisonment is set aside and substituted with a sentence of 2 1/2 years from the date of conviction.

MARTIN WERUNGA KAPANGA v SIMON ASAVA LUNGASHI & 3 OTHERS [2002] KEHC 895 (KLR)

✦ The appeal is dismissed

Kambora Mamau v Esther Nyambura Kirima [2002] KEHC 1211 (KLR)

✦ The chamber summons is defective and the plaintiff has no locus standi. The application and plaint are dismissed.

Intercountries Importers & Exporters Ltd v Nairobi City Council [2002] KEHC 1135 (KLR)

✦ The defendant's statement of defence is not a mere denial and does not prejudice the plaintiff's case. The defendant has shown bonafide triable issues and is entitled to defend the action.

Mwangi v Attorney General & 2 others (Miscellaneous Application 975 of 2001) [2002] KEHC 920 (KLR) (12 March 2002)

✦ The preliminary objection by the 1st and 2nd respondents is dismissed with costs. The suit against the 3rd respondent (Constitution of Kenya Review Commission) is struck out.

JOHN N. MICHUKI & another v ATTORNEY GENERAL [2002] KEHC 249 (KLR)

✦ The Districts and Provinces Act, 1992 is unconstitutional in amending the Constitution of Kenya (Amendment) Act, 1968. The creation of districts under the Act is not unconstitutional. The Electoral Commission must address the issues raised by the applicant.

JACKSON KAMAU KINYATTI vs JOSEPH MAKAU KANGUTA [2002] KEHC 677 (KLR)

✦ The application is dismissed with costs.

KAHUNGU GAKURU v KIGANJO GAKURU [2002] KEHC 23 (KLR)

✦ The appeal is allowed, the lower court order is set aside, and the status quo is maintained

MARTIN MWAURA WANJIKU & another v REPUBLIC [2002] KEHC 468 (KLR)

✦ The appeals are dismissed. The sentences are reduced.

CHARLES OUMA ONYANGO vs REPUBLIC [2002] KEHC 498 (KLR)

✦ Conviction for Robbery substituted for both appellants, death sentences set aside, and both sentenced to 4 1⁄2 years imprisonment each with effect of 27th October, 1999 plus 2 strokes each.

KENNEDY JAKONA NDOLO vs REPUBLIC [2002] KEHC 440 (KLR)

✦ The sentence of 4 years is set aside and substituted with a sentence of 1 1⁄2 years imprisonment from the date of conviction.

JACQUELINE RESLEY v NAIROBI CITY COUNCIL [2002] KEHC 242 (KLR)

✦ The decision of the Nairobi City Council to publish the Draft Valuation Roll for 2001 and levy rates for 2002 is quashed.