Kenyan case law

EDWARD LONGOROT CHOI V REPUBLIC [2002] KEHC 495 (KLR)

✦ The conviction for attempted robbery with violence is upheld, but the death sentence is set aside and replaced with a six-year imprisonment sentence.

HILDA NYAMBURA GATHURI vs WILSON MWANGI RAMSON [2002] KEHC 980 (KLR)

✦ The application is unsustainable and dismissed with no order for costs.

J.G.A.D.W V M.M.N [2002] KEHC 1031 (KLR)

✦ The court finds the Respondent committed adultery and acts of cruelty, granting the Petitioner a Judicial Separation.

EMMANUEL KOGWE vs REPUBLIC [2002] KEHC 348 (KLR)

✦ The court directs the case to proceed as scheduled on the next hearing date and directs the trial court to invoke relevant provisions of the Criminal Procedure Code in the event of non-availability of witnesses.

DANIEL CHEGE MWANGI V DEL MONTE KENYA LTD [2002] KEHC 853 (KLR)

✦ The objection to the record is dismissed with costs.

A .E .M V A. M. B [2002] KEHC 285 (KLR)

✦ The petition and proceedings are struck out as they were filed prematurely and without leave of court, and the proceedings are null and void ab initio.

KANAMARINA LIMITED V MOHAMED BWANA BWANADI & 2 OTHERS [2002] KEHC 693 (KLR)

✦ The court allows the application and orders the refund of the deposit to the plaintiff, with the refund being unconditional. The court also grants the interest at court rates.

PAUL NDETI MUASYA V MOHAMED ABDULRAHIM [2002] KEHC 889 (KLR)

✦ The Appellant's application for stay is refused and dismissed with costs to the Respondent

KHELEF KHALIFA EL-BUSAIDY vs THE COMMISSIONER OF LANDS & 2 OTHERS [2002] KEHC 801 (KLR)

✦ The court ordered the O.C.S. to explain why the court order was not obeyed and the Land Registrar to be arrested and put in cells until 11:30 a.m.

AUTOMEC ENGINES & COMPONENTS LTD V HABIB BANK LIMITED [2002] KEHC 746 (KLR)

✦ The Court does not think this is a proper case for the grant of mandatory injunction. The goods proclaimed are not the Plaintiff's goods, and the Plaintiff's case is not clear and incontrovertible. However, the goods proclaimed will not be disposed of until the suit is heard and determined.

MAURICE RABONG’O OLOO vs REPUBLIC [2002] KEHC 383 (KLR)

DAIMA BANK LTD V ISAAC KIPCHUMBA MAIYO & ANOTHER [2002] KEHC 757 (KLR)

✦ The judgment was regular and the draft defence does not raise a reasonable defence to set aside the judgment.

PANISTAR COMPANY LIMITED V CATHERINE WANJIKU MWANGI & 2 OTHERS [2002] KEHC 787 (KLR)

✦ The application is dismissed as it is fatal due to the failure to annex the order to be reviewed, the unreasonable delay in filing the application, and the lack of new evidence.

CHHAGANLAL ODHAVJU VISHRAM VADGAMA V TRAVIS (E.A.) LIMITED [2002] KEHC 1060 (KLR)

✦ The application is dismissed with costs to the respondent.

KENYA NATIONAL TRADING CORPORATION LIMITED V JOSEPH KIMOTHO & ANOTHER [2002] KEHC 552 (KLR)

✦ The court finds that the plaintiff has proved on a balance of probabilities that he delivered goods to the defendants, who made payment for the same by issuing 5 cheques which bounced when presented to the bank for payment.

ALLAN MUKUNA MWATI v JOHN GICHEHA GACHEGE [2002] KEHC 29 (KLR)

✦ The court allows the application and sets aside the order of 21st May, 2001 dismissing the appeal for want of prosecution, and reinstates the appeal.

NAIROBI SKYLINE PROPERTIES V HOSEA MUCHUGU [2002] KEHC 732 (KLR)

✦ The defendant's replying affidavit is struck off the record due to its deficiencies, but the grounds of opposition remain.

ALLAN MUKUNA MWATI V JOHN GICHEHA GACHEGE [2002] KEHC 1063 (KLR)

✦ The order of dismissal for want of prosecution was invalid and the appeal was reinstated

SANDEEP PRAVIN BHAI PATEL vs REPUBLIC [2002] KEHC 46 (KLR)

✦ The sentence for the second count is reduced from 5 years to 2 years, to run concurrently with the sentences for the first and third counts.

NJOROGE KURANGURI V GRACE NJERI NJOROGE & 3 OTHERS [2002] KEHC 839 (KLR)

✦ The Appellant's indefeasible title cannot be altered by the Tribunal, and the orders of the subordinate court are set aside.

Kenya Commercial Bank Ltd v David Mwangi Kinyua & another [2002] KEHC 1180 (KLR)

✦ The suit is dismissed with costs to the defendants.

MBOGO MWATHI V JOHN CHEGE MBOGO [2002] KEHC 1076 (KLR)

✦ The appeal is allowed, and the decision of the Provincial Land Disputes Appeals Committee is set aside. The dispute is remanded to the Provincial Land Disputes Appeals Committee for further proceedings.

BARCLAYS BANK OF KENYA LIMITED V JUSTINE WANZA KITUNDU T/A KIWAS CRAFTS & ANOTHER [2002] KEHC 756 (KLR)

✦ summary judgment granted in favor of the plaintiff

AGGREY MAGENI KIPIMBOLI vs REPUBLIC [2002] KEHC 45 (KLR)

✦ The omission of both offences was not a procedural error, and the concurrent sentences of 21⁄2 years imprisonment and 3 years imprisonment are upheld.

JOSEPH MBUI MAGARI V KWAMESA LIMITED [2002] KEHC 604 (KLR)

✦ Defendant's defence is struck out as scandalous, frivolous, vexatious and an abuse of the process of court. Judgment entered for the Plaintiff.