Kenyan case law

• Kenya Commercial Bank Limited v James Kuria Njine [2002] KEHC 1274 (KLR)

  ✦ Defendant's motion for summary judgment is rejected but with no order at costs

  [2002] KEHC 1274 (KLR) High Court of Kenya 8 February 2002

• KIMANGU GATHENDU V MWANGU GATHENDU & ANOTHER [2002] KEHC 964 (KLR)

  ✦ The court allows the application and sets aside the order of the Provincial Land Disputes Appeals Committee, granting a stay of execution of the committee's decision pending the hearing and determination of the appeal.

  [2002] KEHC 964 (KLR) High Court of Kenya 7 February 2002

• P.K V C.K [2002] KEHC 278 (KLR)

  ✦ The infant should be made a ward of court pending the final determination of who shall be his guardian. The applicant should be granted interim custody of the infant.

  [2002] KEHC 278 (KLR) High Court of Kenya 7 February 2002

• PREMIER SAVINGS & FINANCE LTD V HAMENDRA MANSUKHLAL SHAH [2002] KEHC 588 (KLR)

  ✦ The Court finds the Defendant liable under the hire purchase agreement and dismisses the Defendant's defense.

  [2002] KEHC 588 (KLR) High Court of Kenya 7 February 2002

• NATIONAL INDUSTRIAL CREDIT BANK LIMITED V JACKSON RUIRU [2002] KEHC 619 (KLR)

  ✦ The court dismisses the application for summary judgment and orders the application dismissed with costs.

  [2002] KEHC 619 (KLR) High Court of Kenya 7 February 2002

• DAMARIS WAKINYI GIKAARA V ATTORNEY GENERAL [2002] KEHC 796 (KLR)

  ✦ The court finds in favor of the plaintiff, Damaris Wakene Gikaara, awarding her Kshs.681,600 in total, including special and general damages, costs, and interest.

  [2002] KEHC 796 (KLR) High Court of Kenya 7 February 2002

• KOBIL PETROLEUM LIMITED V NAIROBI CITY COUNCIL [2002] KEHC 765 (KLR)

  ✦ The court found the claim liquidated and awarded the plaintiff the sum claimed, costs, and interest.

  [2002] KEHC 765 (KLR) High Court of Kenya 7 February 2002

• Richard Mungai Gichuhi v Peter Nguru Kahia & another [2002] KEHC 1 (KLR)

  ✦ The court finds the defendant 100% liable for the accident and awards the plaintiff Ksh.180,000/- for general damages for pain and suffering.

  [2002] KEHC 1 (KLR) High Court of Kenya 6 February 2002

• MONICAH GAKENYE WAWERU(Suing as the Administrator of the Estate ofPETER KANYOKO WAWERU ) vs THE HON. THE ATTORNEY GENERAL [2002] KEHC 1094 (KLR)

  ✦ The court finds the defendants (the ambulance driver and the Ministry of Health) vicariously liable for the deceased's death and awards Ksh.70,000/- for loss of expectation of life under the Law Reform Act.

  [2002] KEHC 1094 (KLR) High Court of Kenya 6 February 2002

• NGUGI TICHA V KIRITU TICHA & 2 OTHERS [2002] KEHC 770 (KLR)

  ✦ The plaintiff holds the parcel of land KIAMBAA/KIHARA/796 for himself and the defendants as tenants in common in equal shares.

  [2002] KEHC 770 (KLR) High Court of Kenya 6 February 2002

• LIBERT FORWARDERS (K) LTD V KENYA PORTS AUTHORITY [2002] KEHC 521 (KLR)

  ✦ The application for a mandatory injunction is dismissed with costs to the Respondent.

  [2002] KEHC 521 (KLR) High Court of Kenya 6 February 2002

• VIRGINIA WANJIRU MWANIKI V KENYA POWER & LIGHTING COMPANY [2002] KEHC 667 (KLR)

  ✦ The court declares the demand notice and electricity bill null and void, grants an injunction to prevent disconnection, and orders the defendant to pay half the costs of the suit.

  [2002] KEHC 667 (KLR) High Court of Kenya 6 February 2002

• IN THE MATTER OF RUAHA CONCRETE COMPANY LMITED [2002] KEHC 989 (KLR)

  ✦ The defendant should pay the costs of the winding up process from the time the plaintiff was substituted as the petitioner to the time the order setting aside the judgment was delivered, but the costs of the winding up process are considered thrown away.

  [2002] KEHC 989 (KLR) High Court of Kenya 5 February 2002

• JOTHAM UHURU BHISUCHE vs REPUBLIC [2002] KEHC 144 (KLR)

  ✦ The convictions and sentences are upheld. The appellants will serve the sentences as imposed by the lower court.

  [2002] KEHC 144 (KLR) High Court of Kenya 5 February 2002

• REPUBLIC V CHIEF MAGISTRATE MOMBASA EX-PARTE MOHAMED TWAHIR MOHAMED [2002] KEHC 917 (KLR)

  ✦ The application is certified as urgent and leave is granted to file an application for orders of Certiorari, Prohibition and Mandamus against the order and ruling of the Chief Magistrate.

  [2002] KEHC 917 (KLR) High Court of Kenya 5 February 2002

• AINEA SESI MUTSIAMBO V LION OF KENYA INSURANCE CO. LTD [2002] KEHC 22 (KLR)

  ✦ The application is allowed, and the suit is dismissed.

  [2002] KEHC 22 (KLR) High Court of Kenya 4 February 2002

• NICHOLAS MUTINDA MUTAVA vs REPUBLIC [2002] KEHC 338 (KLR)

  ✦ The convictions and sentences for counts three and four are quashed and set aside.

  [2002] KEHC 338 (KLR) High Court of Kenya 4 February 2002

• MUSA IBRAHIM OSMAN vs LEILA KHAMIS SHIKELY [2002] KEHC 823 (KLR)

  ✦ The widow of the appellant is entitled to be joined as a party to the appeal and to proceed in place of her deceased husband.

  [2002] KEHC 823 (KLR) High Court of Kenya 4 February 2002

• JOSEPH MWANZIA MULWA vs REPUBLIC [2002] KEHC 159 (KLR)

  ✦ The appeal is allowed in part, conviction of murder is quashed, and the sentence of death is set aside. Manslaughter conviction is substituted with a sentence of 8 years imprisonment.

  [2002] KEHC 159 (KLR) High Court of Kenya 1 February 2002

• ABDULRAHMAN HANDI ALIAS HATIM HAJI vs REPUBLIC [2002] KEHC 346 (KLR)

  ✦ The court grants leave to appeal and releases the applicant on bond of Kshs.20,000/ and surety of a similar amount pending appeal.

  [2002] KEHC 346 (KLR) High Court of Kenya 1 February 2002

• Redland Enterprises Limited v Premier Savings & Finance Limited [2002] KEHC 1191 (KLR)

  ✦ The application is dismissed as there is no appeal in existence and the applicant does not show substantial loss if the application is not granted.

  [2002] KEHC 1191 (KLR) High Court of Kenya 1 February 2002

• AFRICAN BANKING CORPORATION vs SUISE LIMITED & 2 OTHERS [2002] KEHC 610 (KLR)

  ✦ The application to strike out the defence is granted, and judgment is entered in favor of the Plaintiff.

  [2002] KEHC 610 (KLR) High Court of Kenya 31 January 2002

• PETER NJANGARA KARANJA vs GEORGE WAINAINA NJENGA & ANOTHER [2002] KEHC 720 (KLR)

  ✦ The court finds that the plaintiff sustained injuries to his right leg as a result of the road traffic accident. The court awards general damages of Ksh.75,000, less 25% contributory negligence.

  [2002] KEHC 720 (KLR) High Court of Kenya 31 January 2002

• MUSTAPHER SAAD DAFALLA vs REPUBLIC [2002] KEHC 335 (KLR)

  ✦ The conviction and sentence are upheld

  [2002] KEHC 335 (KLR) High Court of Kenya 31 January 2002

• PROFESSOR D.M. NDETI vs ORBIT CHEMICAL INDUSTRIES LIMITED (? 1400 of 1994) [2002] KEHC 601 (KLR) (31 January 2002)

  ✦ The Preliminary Objection is rejected. The hearing of the applications will proceed on a date to be fixed by the parties.

  [2002] KEHC 601 (KLR) High Court of Kenya 31 January 2002