Kenyan case law

ROBBINSON WANJALA SHUMA vs REPUBLIC [2002] KEHC 389 (KLR)

✦ The sentence imposed by the trial court is set aside and substituted with a lenient sentence of 12 months imprisonment in each count to run concurrently with one stroke of the cane.

JOHN OTIENO OCHUKA T/A OCHUKA & CO. ADVOCATES v KENYA POWER & LIGHTING CO. LTD [2002] KEHC 1049 (KLR)

✦ The court granted the leave to file contempt proceedings and ordered the Defendant to put right the conduct arising from the disobeyed orders.

DAVID MUTUA BONDO vs REPUBLIC [2002] KEHC 363 (KLR)

✦ The sentences are reduced to 2 years and 3 months imprisonment plus 2 strokes each.

BARONESS PROPERTIES LIMITED v PETER OTIENO T/A PETROSA GENERAL CONTRACTORS [2002] KEHC 868 (KLR)

✦ The Appellant was found liable for breach of the lease agreement but not liable for the Respondent's loss due to burglary and theft.

JUMA OMAR KEAH v PERMANENT SECRETARY OFFICE OF THE PRESIDENT [2002] KEHC 264 (KLR)

✦ Application stayed until applicant complies with Order 53 Rule 4(1)

ALI SOITARA KORIR vs JOSEPHINE NYAMBURA KAGA MACHARIA & 50 OTHERS [2002] KEHC 636 (KLR)

✦ The stay of execution order of March 20, 2000 is hereby vacated

DAVID MWANGI MUKORA v STANDARD CHARTERED BANK (K) LTD [2002] KEHC 689 (KLR)

✦ The court dismissed the plaintiff's claims for wrongful dismissal and wrongful arrest or malicious prosecution.

RICHARD MWAKIO MSHIMBA V REPUBLIC [2002] KEHC 415 (KLR)

✦ The conviction is quashed and the sentence set aside as the case was not proven beyond a reasonable doubt.

BEATRICE MALESI v CITY COUNCIL OF NAIROBI [2002] KEHC 272 (KLR)

✦ The Temporary Prohibitory Injunction is granted, and the Temporary Mandatory Injunction is also granted.

REPUBLIC vs ALFRED MAVASI CHUPHI [2002] KEHC 129 (KLR)

✦ The court cannot proceed due to a lack of assessors.

DAVID MUKII MEREKA & COMPANY ADVOCATES v NATIONAL BANK OF KENYA LIMITED [2002] KEHC 596 (KLR)

✦ The preliminary objection is not properly raised and is rejected.

MARK WANGAI MUCHEMI v JELO LIMITED [2002] KEHC 837 (KLR)

✦ The court upholds the restraining order but sets aside the award of damages and dismisses the counterclaim.

JAMES SAMWEL WANGA vs REPUBLIC ………….. [2002] KEHC 134 (KLR)

RUSTAM HIRA v HASSAN ALI VASANJI MANJI [2002] KEHC 245 (KLR)

✦ The application is dismissed with costs, as the notice of objection was not given in accordance with Rule 11 of the Advocates (Remuneration) Order. On merits, the objection is also dismissed.

MICHAEL KIMANI……….. vs REPUBLIC [2002] KEHC 1254 (KLR)

NORAH MUKORWE vs REPUBLIC (? 34 of 2003) [2002] KEHC 149 (KLR) (5 March 2002)

✦ The appeal is allowed, conviction is quashed, sentence is set aside, and the repatriation order is vacated. The appellant shall be set free forthwith.

NORAH MUKORWE vs REPUBLIC [2002] KEHC 422 (KLR)

✦ The appeal is allowed, conviction quashed, sentence set aside, and the repatriation order is vacated. The appellant shall be set free forthwith unless otherwise lawfully held.

STANSLAUS OPIYO WANDERA vs REPUBLIC [2002] KEHC 42 (KLR)

PETER NDUNGU CHEGE vs REPUBLIC [2002] KEHC 922 (KLR)

JOSEPH ODINGA MATUNDU vs REPUBLIC [2002] KEHC 506 (KLR)

✦ The sentence against each of the two appellants is reduced to 4 years imprisonment each.

NGANGA WANGOTO V PACKAGING MATERIALS LTD [2002] KEHC 1074 (KLR)

✦ The appeal is dismissed, and each party bears their own costs.

B.P NDEGE SERVICE STATION V B.P KENYA LIMITED [2002] KEHC 753 (KLR)

✦ The plaintiff is not entitled to the relief sought as its case has not been proved on a balance of probabilities. The plaintiff's case is dismissed, and the plaintiff is ordered to pay costs of the suit to the defendant.

Queens Pharmaceutical Ltd v RUP Pharm Ltd [2002] KEHC 1121 (KLR)

✦ The court dismissed the Plaintiff's claim and the Defendant's counter-claim, and ordered the Defendant to pay half of the costs.

NALIN DULABHJEE KALA V SURYKANT PRABHUDAS BHIMJI AND SIX OTHERS [2002] KEHC 948 (KLR)

✦ The property should be sold, and the Public Trustee will be appointed as the trustee of the deceased's share.

STEPHEN KIPKEBUT V MATHEW WAMBUGU [2002] KEHC 273 (KLR)

✦ The application for striking out the defense and summary judgment is dismissed with costs.