Kenyan case law

JOSEPH NJOROGE CHEGE vs REPUBLIC [2003] KEHC 1007 (KLR)

✦ The conviction and sentence for defilement are upheld, but the sentence of 12 strokes of the cane is set aside. The conviction for assault is upheld.

PAUL MUTUNGA MUSAU vs REPUBLIC [2003] KEHC 368 (KLR)

✦ The conviction for stealing is quashed and the appellant is set at liberty.

DAVID MULEI MWEU vs REPUBLIC [2003] KEHC 320 (KLR)

✦ The sentence is reduced from 3 years to 1.5 years imprisonment

DR. FREDRICK S. MASINDE & OTHERS vs EVANSON KAMAU & 4 OTHERS [2003] KEHC 742 (KLR)

✦ The court granted the application for copies of proceedings and leave to appeal, but denied the stay request.

CALTEX OIL KENYA LIMITED V CRESCENT CONSTRUCTION COMPANY LIMITED [2003] KEHC 3 (KLR)

✦ The court grants the defendant unconditional leave to defend, dismissing the plaintiff's notice of motion.

SHURISHCHANDRA BHARMAL SHAH vs PRAFULCHAND BHARMAL M. SHAH [2003] KEHC 842 (KLR)

✦ The court allows the injunction pending the outcome of the main suit.

Ndeto v Gachiri & 2 others [2003] KEHC 131 (KLR)

✦ The application is granted, and the names of the applicants are removed from the record as counsel for the Third Defendant. The costs of the applicants are ordered to be borne by the Third Defendant.

FIRST NATIONAL BANK OF KENYA LIMITED v KENINDIA ASSURANCE COMPANY LIMITED [2003] KEHC 44 (KLR)

✦ The court held that the defendant did not breach the contract and that the plaintiff is not entitled to a declaration.

John Kamau v Danson Munene Kibetu [2003] KEHC 783 (KLR)

✦ The appeal is allowed, and the case is referred back to the Resident Magistrate for hearing de novo.

GATAKANI INVESTMENTS LIMITED vs MIDTOWN LODGE LIMITED [2003] KEHC 778 (KLR)

✦ The court overturned the decision of the Business Premises Rent Tribunal, finding that the chairman erred in law and fact in declining to assess rent and in ignoring the comparables in the appellant's valuation report.

S BI vs V M I [2003] KEHC 247 (KLR)

✦ Petitioner's prayer for permanent custody of the children is allowed for six months, with interim custody granted to her. The motor vehicle is not returned as a mandatory injunction is not warranted.

Husna Abdalla Mohmmed v Attorney General & 3 others [2003] KEHC 965 (KLR)

✦ Order for Umurumani Hudhefa to be produced before the court or released from custody

FINSHERMANS LEISURE INN LTD & 2 OTHERS vs GIRO COMMERCIAL BANK LTD. & ANOTHER [2003] KEHC 630 (KLR)

✦ The application is dismissed with costs to the respondent.

SHADRACK MWENDWA KALIU vs REPUBLIC [2003] KEHC 324 (KLR)

✦ The appellant's appeal is dismissed. The appellant was properly convicted and sentenced to death on the basis of the evidence.

SILVIA OWURE vs GATEWAY INSURANCE COMPANY LIMITED [2003] KEHC 83 (KLR)

✦ The Defendant's application to have the Plaintiff's Plaint struck out is dismissed.

SIGOMA FARMERS CO-OPERATIVE SOCIETY LIMITED AND NINE OTHERS vs CHARLES NDUNGU AND TWO OTHERS [2003] KEHC 768 (KLR)

✦ The application for stay of the Tribunal's orders is granted

SAMUEL MUTHANDI KURIA vs REPUBLIC [2003] KEHC 911 (KLR)

✦ The appeal is allowed to the extent that the sentence is reduced to six years imprisonment.

SAMMY KARANI vs REPUBLIC [2003] KEHC 473 (KLR)

GENERAL INSURANCE COMPANY V JOHN KIPROP CHEMETOI [2003] KEHC 729 (KLR)

✦ The Plaintiff had an earlier knowledge of the hearing but did not attend. The application is dismissed with costs.

SALOME WANGARI RUGOIYO T/A WAKINA ENTERPRISES vs BENSON MBATIA MWANGI [2003] KEHC 999 (KLR)

✦ The court dismisses the application, finding it an abuse of process and dismissing the case

SAMBAZA PRODUCTIONS LIMITED vs ESTHER MUTHONI MUTHEE [2003] KEHC 771 (KLR)

✦ The application is incompetent and is struck off with costs.

Samuel Mutinda Kasyoka v Republic [2003] KEHC 958 (KLR)

✦ The appeal is allowed, the conviction on the handling charge is quashed, and the sentence is set aside. The fine paid is to be refunded to the payer.

SAMWEL WARUI WACHIRA vs REPUBLIC [2003] KEHC 456 (KLR)

✦ The court found the identification of the appellant unreliable and insufficient to support his conviction.

SAMUEL MURIMI KARANJA & 2 OTHERS vs REPUBLIC [2003] KEHC 289 (KLR)

✦ The court will determine the constitutional issues raised by the Applicants.

SAMUEL MBUGUA vs CHARLES GATONYE GICHINGA [2003] KEHC 791 (KLR)

✦ The judgment is set aside as it contained an order for immediate vacant possession not prayed for in the Plaint and did not contain points for determination, the points for determination or the reasons for such decision.