Kenyan case law

HALL EQUITORIAL LIMITED vs ESKAY BUTCHERY LIMITED [2003] KEHC 650 (KLR)

✦ Judgment for the Plaintiff in the amount of Kshs.410,000, with costs, and the counterclaim and set off dismissed with costs.

GEORGE T.N. KARIUKI vs EAST AFRICA BUILDING SOCIETY [2003] KEHC 909 (KLR)

✦ The application is allowed but without prejudice to the previous order of Hon. Kuloba J. No order as to costs.

GEOFFREY MBUGUA MBURU vs REPUBLIC [2003] KEHC 279 (KLR)

✦ The appeal is upheld, and the conviction and sentence are set aside.

GATHONI GITHOGORI (PERSONAL REPRESENTATIVE OF GACHEKE MACHARIA) vs BENJAMIN NGATIA MACHARIA (PERSONAL AND LEGAL REPRESENTATIVE OF NGATIA MACHARIA – DECEASED) [2003] KEHC 221 (KLR)

✦ The appeal is incompetent and is struck out with costs

HASSAN GUYO MOHAMED,& 5 OTHERS v REPUBLIC [2003] KEHC 304 (KLR)

✦ All six appeals are allowed, conviction of each appellant quashed and sentence set aside

JOSEPH CHACHA vs REPUBLIC [2003] KEHC 343 (KLR)

✦ The conviction is upheld, and the sentence is reduced to 1.5 years with community service.

IN THE ESTATE OF SAMSON MWENJA KOMO – (DECEASED) [2003] KEHC 2 (KLR)

Idd Mohamed v Republic [2003] KEHC 1014 (KLR)

✦ The conviction is quashed and the sentence is set aside, and the appellant is set free.

In Re: D. K. (An Infant) [2003] KEHC 882 (KLR)

✦ The adoption is allowed and the infant is ordered to be adopted by the applicants.

WILLIAM NDUBI IKIAO ALIAS BENSON MAKORI vs REPUBLIC [2003] KEHC 150 (KLR)

✦ The conviction is quashed due to the appellant's identification as a police officer being admissible and the prosecution failing to call a material witness.

JACKSON LIKALE AURA vs REPUBLIC [2003] KEHC 538 (KLR)

✦ The conviction and sentence are set aside due to insufficient evidence and improper arrest procedures.

WAMWEA V CATHOLIC DIOCESE OF MURANG’A REGISTERED TRUSTEES [2003] KEHC 761 (KLR)

✦ Appeals should be on matters of law only. Customary law is a matter of fact. Tribunals and Land Disputes Appeals Committees do not have jurisdiction to hear disputes over title to land.

KATANA KITSAO v REPUBLIC [2003] KEHC 453 (KLR)

WILSON MUCHOKI MUTUA vs REPUBLIC [2003] KEHC 322 (KLR)

✦ The conviction and sentence are quashed, and the appellant is set free.

SIMON MWIRUTI J. MBUGUA vs JOHN KIHENJO KANGETHE [2003] KEHC 689 (KLR)

✦ Application is granted with costs

ISAAC RUGA MWAMBURA vs NJUGUNA KAMANGA [2003] KEHC 998 (KLR)

✦ The conviction and sentence of death are upheld, and the appeal is dismissed.

In The Matter of The Estate of Soti Kigen Kiprotich Kigen v Samson Kigen [2003] KEHC 51 (KLR)

✦ The grant is revoked, and the estate is treated as intestate. A new grant is issued to Samson Kigen, Kiprotich Kigen, and Wilson Kimutai Kigen.

United Insurance Co Ltd v Waruinge & 2 others [2003] KEHC 953 (KLR)

✦ The defendants are entitled to leave to defend unconditionally, and the application for judgment on admission or summary judgment is denied.

HASSAN SALIM AHMED NAUHY vs ATHUMAN DADI SUWEDI [2003] KEHC 596 (KLR)

✦ The application is dismissed with costs to the respondent, and the case is ordered to be fixed for hearing.

JAMES OMWERE MASESE vs REPUBLIC [2003] KEHC 337 (KLR)

✦ The conviction and sentence are upheld.

SABASTIAN MATEO vs REPUBLIC [2003] KEHC 332 (KLR)

✦ The appeal is dismissed as the complainant's testimony is found to be truthful and the sentence is not excessive.

STEPHEN MUGO MUTOTHORI & 3 OTHERS V COMMISSIONER OF LANDS & 2 OTHERS [2003] KEHC 480 (KLR)

✦ The application to strike out parts of the statement of defense is dismissed with costs.

FISHERMANS LEISURE INN LTD vs GIRO COMMERCIAL BANK LTD [2003] KEHC 840 (KLR)

✦ The application for a stay of execution order is dismissed. The application for setting aside the taxation order is dismissed. The application for payment of costs by installments is granted.

ISAACK MULIWA MANZI vs REPUBLIC [2003] KEHC 831 (KLR)

✦ We quash the Appellant's conviction on each count and set aside the sentence.

WAIHIGA KIMANI vs ATTORNEY GENERAL [2003] KEHC 561 (KLR)

✦ The Plaintiff is awarded Kshs. 1,000,000/= in general damages and Kshs. 100/= in special damages.