Kenyan case law

NICHOLAS R.O. OMBIJA vs NATIONAL BANK OF KENYA LTD [2003] KEHC 699 (KLR)

✦ The court finds that the plaintiff has proved on the balance of probabilities that he no longer owes any debt to the defendant.

ISMAEL MORARA ONYUOKI ) vs REPUBLIC [2003] KEHC 229 (KLR)

✦ The convictions are based on sound evidence and the appeals against them are hereby rejected. The concurrent sentences of 7 years are reduced to 5 years each.

SIMON MAGORO OGUNDA vs REPUBLIC [2003] KEHC 415 (KLR)

✦ The conviction of the appellant was proper and the sentence of 3 years imprisonment was set aside and substituted with one of 18 months imprisonment.

George Ongere v Associated Motors Ltd . [2003] KEHC 850 (KLR)

✦ The appeal is dismissed with costs.

STANLEY NJOROGE MUNENE,PETER MWAURA WANJIKU,JULIUS MWANGI MULANDI (DECEASED),STEPHEN WACHIRA WANDARI,FRANCIS KAMAU NGANGA vs REPUBLIC [2003] KEHC 147 (KLR)

✦ The court declared the trial before Etyang J a mistrial and ordered the Attorney General to take whatever lawful decision he may think fit in relation to the death of councilor Charles Maina Wa Njuguna.

GICHUHI KIMIRA vs PAUL KIMOTHO & 26 OTHERS [2003] KEHC 705 (KLR)

✦ The court finds that the respondents are entitled to the possession of their share of the suit premises as they have not yet executed the court orders giving them their share.

JACOB MARIANUS KIRIANA V KENINDIA ASSURANCE COMPANY LTD [2003] KEHC 697 (KLR)

✦ The application is granted with costs to the defendant. Costs of the main suit to the defendant also.

GEORGE SIGIRA KABORA . vs REPUBLIC [2003] KEHC 825 (KLR)

S.N.L vs REPUBLIC [2003] KEHC 531 (KLR)

✦ The appeal is allowed, conviction and sentence are set aside

HASSAN KIPROTICH v REPUBLIC [2003] KEHC 316 (KLR)

✦ The conviction and sentence are upheld

WAMBUI KARIUKI vs KAMAU MWANGI [2003] KEHC 826 (KLR)

✦ The conviction and sentence of death are upheld. The Appellant's grounds of appeal have no merit.

In Re BN (An Infant) [2003] KEHC 886 (KLR)

✦ The application is allowed, and the applicant is authorized to adopt the infant.

PATRICK NAMONYO WANJALA vs REPUBLIC [2003] KEHC 467 (KLR)

✦ The sentences should run concurrently and the appellant should be repatriated to Uganda.

Wambugu Motende & Company Advocates v Gimco Limited & another [2003] KEHC 598 (KLR)

✦ The application is dismissed with costs to the Defendant.

S. M. MURAIMU vs JOHN MWANGI [2003] KEHC 861 (KLR)

✦ The application is granted, and the applicants are ordered to deposit all rent arrears to the Court within 60 days for onward transmission to the respondent.

S W v N G K [2003] KEHC 962 (KLR)

✦ The marriage was nullified due to the appellant's unsound mind at the time of marriage. The appellant's appeal is dismissed.

VISCO ENTERPRISES LTD vs UNIBILT (K) LTD [2003] KEHC 819 (KLR)

✦ The application must succeed, and the suit should be transferred to Mombasa Chief Magistrate's Court.

HARISON NDERITU NDUTHU vs REPUBLIC [2003] KEHC 271 (KLR)

PETER MIGIRO OTWARO vs REPUBLIC [2003] KEHC 448 (KLR)

✦ The appeal is dismissed in its entirety.

HALIMA MOHAMED KASSIM & ANOTHER vs ABDI AZIZ AHMED & OTHERS [2003] KEHC 552 (KLR)

✦ The preliminary objection is dismissed as the Court is not required to investigate facts and the cited decisions are irrelevant.

SOUTHERN CREDIT BANKING CORP. LTD v UNIVERSAL MOTORS LIMITED & 3 OTHERS [2003] KEHC 550 (KLR)

✦ The Plaintiff's application to call upon the 2nd and 3rd defendants to furnish security for the claim is dismissed with costs to the 2nd and 3rd defendants.

Hannah Mburu Kiarie v The Land Registrar & others [2003] KEHC 225 (KLR)

✦ The application is dismissed in limine with costs to the respondents due to the absence of the decision complained of by the Registrar of Title.

JANE KARIMI MWANIKI vs JAMES NGARI MWANIKI,JOHN BOSCO GATUMO [2003] KEHC 923 (KLR)

✦ The Plaintiff is entitled to general damages for personal injuries, but the amount is Kshs. 1 million for pain and suffering, Kshs. 700,000 for loss of future earning capacity, and Kshs. 200,000 as punitive damages.

STANLY KARIMI MURIUKI vs REPUBLIC [2003] KEHC 375 (KLR)

✦ The appeal is allowed to the extent of quashing the conviction and sentence in respect of count 1 & 2, and varying the sentence in respect of count 3 to 4 years imprisonment only.

JAMES NDEHU MBURU vs REPUBLIC [2003] KEHC 1008 (KLR)

✦ The appeals of each appellant are hereby allowed. His conviction quashed and the sentence imposed upon him set aside. Each appellant be set at liberty forthwith unless lawfully detained in some other cause.