High Court of Kenya judgments

In Re the Estate of Joshua Muthama Kithome (Deceased) [2002] KEHC 1009 (KLR)

✦ Letters of administration intestate are granted jointly to the deceased's widow and father

[2002] KEHC 1009 (KLR) High Court of Kenya 28 February 2002

J.M.M V G.M.K [2002] KEHC 294 (KLR)

✦ The court grants a divorce on grounds of cruelty, desertion, and adultery. The court orders maintenance of Kshs.10,000 per month for the petitioner, with costs to be paid by the respondent.

[2002] KEHC 294 (KLR) High Court of Kenya 28 February 2002

IBRAHIM JUMA V JAFFER ALI JUMA [2002] KEHC 220 (KLR)

[2002] KEHC 220 (KLR) High Court of Kenya 28 February 2002

ROSE MWENDE V REPUBLIC [2002] KEHC 420 (KLR)

✦ The trial magistrate considered the appellant's evidence and the evidence was sufficient to prove the case beyond reasonable doubt.

[2002] KEHC 420 (KLR) High Court of Kenya 28 February 2002

JOHN MWIKYA TUTA vs REPUBLIC [2002] KEHC 50 (KLR)

✦ The sentence is reduced to 41⁄2 years imprisonment.

[2002] KEHC 50 (KLR) High Court of Kenya 27 February 2002

KENYA TAXI CAB ASSOCIATION vs THE HILTON HOTEL [2002] KEHC 910 (KLR)

✦ The application is dismissed with costs.

[2002] KEHC 910 (KLR) High Court of Kenya 27 February 2002

Kenya Cashewnuts Ltd v National Cereals & Produce Board (Civil Suit 46 of 1997) [2002] KEHC 1210 (KLR) (Civ) (27 February 2002) (Judgment)

✦ The petition is dismissed with costs to the company and the interested party as the petitioner has not proved that the company has failed to comply with a valid statutory notice in terms of Section 220 (a) of the Companies Act.

[2002] KEHC 1210 (KLR) High Court of Kenya 27 February 2002

MOSES NDUNGU KAMANU vs REPUBLIC [2002] KEHC 477 (KLR)

✦ The conviction on the first count is substituted for robbery, and the death sentence is set aside. The appellant is sentenced to 4 1/2 years imprisonment with effect from December 8, 2000, plus two strokes. The sentences for the second, third, and fourth counts are reduced to 4 1/2 years imprisonment, to run concurrently.

[2002] KEHC 477 (KLR) High Court of Kenya 27 February 2002

KAPA OIL REFINERIES LIMITED V A.K. ABDULGANI [2002] KEHC 524 (KLR)

✦ The application is allowed, and the plaintiff's suit is dismissed with costs.

[2002] KEHC 524 (KLR) High Court of Kenya 27 February 2002

ALI MOHAMED vs MARYAM AHMED HAJI) NAIMA BENNY BENZ [2002] KEHC 1058 (KLR)

✦ The application is granted and the costs shall be paid by the Respondents.

[2002] KEHC 1058 (KLR) High Court of Kenya 26 February 2002

JONH WAKAPA PERE V RICHARD NJENGA WAKAPA [2002] KEHC 1034 (KLR)

✦ The application for stay is dismissed as incompetent and bad in law.

[2002] KEHC 1034 (KLR) High Court of Kenya 26 February 2002

PHILIP NJOKA KAMAU V GITAU MBIRI [2002] KEHC 864 (KLR)

✦ The court allows the appeal, sets aside the lower court order, and directs the respondent to pay costs of the appeal and the case below to the appellant.

[2002] KEHC 864 (KLR) High Court of Kenya 26 February 2002

(Succession Cause 619 of 2000) [2002] KEHC 1111 (KLR) (Family) (25 February 2002) (Ruling)

✦ The Notice of Motion dated 28th November, 1996 in HC Misc Civil Application No 1248 of 1996 is hereby struck out.

[2002] KEHC 1111 (KLR) High Court of Kenya 25 February 2002

DANSON MUIRURI MUTURI vs REPUBLIC [2002] KEHC 352 (KLR)

✦ The convictions for Robbery, contrary to section 296(1), P.C. are substituted for the robberies, and the death sentences are set aside. The appellant is sentenced to 41⁄2 years imprisonment on each of the two counts to run concurrently with effect from 17th September, 1999 plus one stroke on each count.

[2002] KEHC 352 (KLR) High Court of Kenya 25 February 2002

ANDREW KAMAU WAWERU v GUCHU MURUGURI & AOTHER [2002] KEHC 1276 (KLR)

✦ The appeal is allowed, and the order of the Senior Resident Magistrate is set aside. The appellant is ordered to bear his own costs of the appeal.

[2002] KEHC 1276 (KLR) High Court of Kenya 25 February 2002

JOSEPH B. ORENGO & ANOTHER V PUBLIC TRUSTEE & ANOTHER [2002] KEHC 228 (KLR)

✦ The court declares Joyce as the deceased’s wife under common law and annuls the grant of letters of administration to Joseph B. Orengo and Teresa Nyangweso Kong’otore.

[2002] KEHC 228 (KLR) High Court of Kenya 25 February 2002

NJENENI LIMITED V JOSEPH K. KAMERE & SIMON KAMERE t/a KAMERE & CO. ADV [2002] KEHC 760 (KLR)

✦ The application is allowed and the Defendants are ordered to comply with the order within 21 days of the date of this ruling

[2002] KEHC 760 (KLR) High Court of Kenya 25 February 2002

MUSYIMI MULINGE vs REPUBLIC [2002] KEHC 1087 (KLR)

✦ The conviction for Robbery is substituted with a lesser charge of Robbery, contrary to section 296(1), P.C. The death sentence is set aside and replaced with a 4-year imprisonment sentence with 2 strokes.

[2002] KEHC 1087 (KLR) High Court of Kenya 22 February 2002

JOHN NJOROGE WAMITI vs REPUBLIC [2002] KEHC 382 (KLR)

✦ The conviction is substituted for robbery, and the death sentence is set aside. The appellant is sentenced to five years imprisonment with effect from 25th June, 1998 plus two strokes.

[2002] KEHC 382 (KLR) High Court of Kenya 22 February 2002

KONANA ROIKO V REPUBLIC [2002] KEHC 443 (KLR)

✦ The appeal against conviction is dismissed, but the sentence of 7 years is reduced to the period already served.

[2002] KEHC 443 (KLR) High Court of Kenya 22 February 2002

JAMES MAINA KIBATHI V REPUBLIC [2002] KEHC 397 (KLR)

✦ The sentence against each of the three appellants is reduced to 21⁄2 years imprisonment.

[2002] KEHC 397 (KLR) High Court of Kenya 22 February 2002

LAWRENCE MWANGI V AGRICULTURAL FINANCE CORPORATION & ANOTHER [2002] KEHC 728 (KLR)

✦ The application is allowed to the extent that the alternative prayer (b) in the amended plaint, seeking to use the land by adverse possession, is struck out with costs to the second defendant.

[2002] KEHC 728 (KLR) High Court of Kenya 21 February 2002