High Court of Kenya judgments

CALTEX OIL KENYA LTD V INLAND PETROLEUM LIMITED & INVESCO ASSURANCE CO. LIMITED [2005] KEHC 522 (KLR)

✦ The application is dismissed with costs to the plaintiff

[2005] KEHC 522 (KLR) High Court of Kenya 24 August 2005

RAMESH DATT VASHIST & ANOTHER V FINA BANK LIMITED [2005] KEHC 663 (KLR)

✦ The plaintiffs' application for a temporary injunction is dismissed with costs to the defendant.

[2005] KEHC 663 (KLR) High Court of Kenya 23 August 2005

Laxcon Hardware & Spares Ltd v Plantation Fertilizers Ltd & another [2005] KEHC 951 (KLR)

✦ The plaintiff's case is dismissed with costs to the defendants.

[2005] KEHC 951 (KLR) High Court of Kenya 23 August 2005

Republic v City Council of Nairobi & another ex parte Monier 200 Ltd & 7 others [2005] KEHC 2058 (KLR)

✦ The court grants the application for prohibition against both respondents to stop the approval of the offending resolution.

[2005] KEHC 2058 (KLR) High Court of Kenya 23 August 2005

Mobil Oil Kenya Limited v John Khamis Shabaan [2005] KEHC 1506 (KLR)

✦ Defendant granted leave to amend his defence excluding certain paragraphs

[2005] KEHC 1506 (KLR) High Court of Kenya 22 August 2005

In Re Kenya Exchange Bureau Limited [2005] KEHC 1196 (KLR)

✦ The court orders that the preliminary objection on the validity of the petition be heard first.

[2005] KEHC 1196 (KLR) High Court of Kenya 22 August 2005

Maji na Ufanisi v Simon G Ngomonge t/a Dollar Auctions [2005] KEHC 802 (KLR)

✦ The goods should be released, and the plaintiff should deposit KShs 500,000 and pay KShs 100,000 to the defendant.

[2005] KEHC 802 (KLR) High Court of Kenya 22 August 2005

Kennedy Okumu Wamitha v Republic [2005] KEHC 1654 (KLR)

✦ The appeal has no overwhelming chances of success and the sentence is not likely to be served before the appeal is heard.

[2005] KEHC 1654 (KLR) High Court of Kenya 22 August 2005

Lucy Jepchumba Murrey Rienoldt v Sammy Chula [2005] KEHC 1422 (KLR)

✦ The court finds that the plaintiff is the lawful owner of the subject plot and orders the defendant to vacate it within three months.

[2005] KEHC 1422 (KLR) High Court of Kenya 21 August 2005

Nairobi Flour Mills Limited v Johnson Kithete t/a Farmers General Stores [2005] KEHC 1874 (KLR)

✦ The defendant was served with the summons and the defendant's defence does not raise triable issues to the plaintiff's claim

[2005] KEHC 1874 (KLR) High Court of Kenya 19 August 2005

Anab Hussein Arab v Small Enterprises Finance Co Ltd [2005] KEHC 784 (KLR)

✦ There was no judgment for compound interest in the judgment dated 20th April 2005.

[2005] KEHC 784 (KLR) High Court of Kenya 19 August 2005

Samuel Kirubi Gitonga v Republic [2005] KEHC 1864 (KLR)

✦ The appeal against conviction is dismissed, and the appeal against sentence is allowed. The sentence is reduced to the period already served, which was over 31⁄2 years.

[2005] KEHC 1864 (KLR) High Court of Kenya 19 August 2005

Nairobi Flour Mills Limited v Johnson Kithete t/a Farmers General Stores [2005] KEHC 816 (KLR)

✦ The defendant was served with the summons, and the draft defence does not raise triable issues.

[2005] KEHC 816 (KLR) High Court of Kenya 19 August 2005

Anab Hussein Arab v Small Enterprises Finance Co Ltd [2005] KEHC 1876 (KLR)

✦ There was no judgment for compound interest in the judgment dated 20th April 2005.

[2005] KEHC 1876 (KLR) High Court of Kenya 19 August 2005

Republic v Jane Muthoni Muriuki [2005] KEHC 3275 (KLR)

✦ The accused is found guilty of murder and sentenced to death.

[2005] KEHC 3275 (KLR) High Court of Kenya 18 August 2005

TELKOM KENYA LTD V ALPHANET COMMUNICATIONS LTD [2005] KEHC 697 (KLR)

✦ Judgment is entered for the plaintiff as prayed in the plaint

[2005] KEHC 697 (KLR) High Court of Kenya 18 August 2005

Republic v Jane Muthoni Muriuki [2005] KEHC 1862 (KLR)

✦ The accused is found guilty of murder and sentenced to death.

[2005] KEHC 1862 (KLR) High Court of Kenya 18 August 2005

Republic v Albanus Wambua Nzuki [2005] KEHC 1067 (KLR)

✦ The accused is acquitted under Section 306 of the Criminal Procedure Code

[2005] KEHC 1067 (KLR) High Court of Kenya 17 August 2005

Republic v George Kioko Muatha [2005] KEHC 1052 (KLR)

✦ The court finds no evidence connecting the accused with the offence and acquits him of the charge

[2005] KEHC 1052 (KLR) High Court of Kenya 17 August 2005

CRESENT CONSTRUCTION CO. LTD V KABUGO MUSONI & ANOTHER [2005] KEHC 604 (KLR)

✦ The application for leave to extend time for filing the suit was misconceived and should have been struck out. The plaint is irregularly before the court. It is hereby struck out with costs to the Defendants.

[2005] KEHC 604 (KLR) High Court of Kenya 17 August 2005

Republic v District Social Development Officer – Machakos & another [2005] KEHC 902 (KLR)

✦ The court quashes the order made by the District Social Development Officer, Machakos cancelling certificate No.1483 issued to Mavoko Municipal Council Land Trust Self Help Group.

[2005] KEHC 902 (KLR) High Court of Kenya 17 August 2005

ATHI STORES LTD V KENYA AGRICULTURAL RESEARCH INSTITUTE & ANOTHER [2005] KEHC 655 (KLR)

✦ The court denies the application for transfer as the court in which the suit was filed had jurisdiction to try the case.

[2005] KEHC 655 (KLR) High Court of Kenya 17 August 2005

Republic v Mathew Mbaluto Nzioki [2005] KEHC 1064 (KLR)

✦ The court finds serious doubts in the prosecution's case regarding the identity of the accused and his presence at the scene of the crime. The court is unable to find sufficient evidence to link the accused to the murder.

[2005] KEHC 1064 (KLR) High Court of Kenya 17 August 2005

Republic v Joel Mutisya Mwanza [2005] KEHC 1066 (KLR)

✦ The accused is found guilty of murder.

[2005] KEHC 1066 (KLR) High Court of Kenya 17 August 2005

Kelvin Mutua Kioko & another v Republic [2005] KEHC 997 (KLR)

✦ The application is incompetent and improperly before the court and is hereby struck out

[2005] KEHC 997 (KLR) High Court of Kenya 17 August 2005

Kenyan case law