Kenyan case law

STEPHEN GATEI KIROBI vs REPUBLIC [2003] KEHC 451 (KLR)

✦ The conviction under section 296(2) of the Penal Code is quashed and death sentence set aside. In place thereof, a conviction under section 296(1) of The Penal code is entered. The appellants are sentenced to imprisonment equivalent to the period already served such that they shall be set free forthwith. Each shall receive two strokes of the cane and on their release be on police supervision for a period of five years.

SIFUNA & CO. ADVOCATES vs AKHTAR SHAHID BUTT MODERN COAST BUILDERS & CONTRACTORS [2003] KEHC 517 (KLR)

✦ The Court grants the direction that the plaintiffs Advocates/Client bill of costs should be taxed before the suit is determined.

THE DELPHIS BANK LTD (UNDER STATUTORY MANAGEMENT) V HESBON ONYURO & ALICE OKOTH [2003] KEHC 46 (KLR)

✦ The application is dismissed with costs.

JEREMIAH OKOTH OWITI & 3 OTHERS vs CONSTITUTION OF KENYA REVIEW COMMISSION [2003] KEHC 243 (KLR)

✦ Application is disallowed. There will be no order as to costs.

WILSON KERIO LEKOLOL vs REPUBLIC [2003] KEHC 476 (KLR)

✦ The conviction is quashed and the sentence set aside

JOHN DETE vs MOMBASA LINERS ANWARALI & BRIOTHERS LTD. [2003] KEHC 503 (KLR)

✦ The chamber summons dated 14th August, 2003 is allowed as prayed in respect of the claim lodged by the 2nd and 3rd plaintiff with costs to the defendants

In Re: D.K. (An Infant) [2003] KEHC 883 (KLR)

FELIX MACHARIA MAGAWA v REPUBLIC [2003] KEHC 190 (KLR)

✦ The Court denied the application for consolidation and bond reduction.

STEPHEN NJUGUNA KARIUKI vs PETER NGANGA KAMAU & 6 OTHERS [2003] KEHC 767 (KLR)

✦ The Appellants' application for a stay of execution is dismissed with costs

WERU GICHUKI NDEGWA vs ATTORNEY GENERAL [2003] KEHC 714 (KLR)

✦ The plaintiff is entitled to damages for assault by police officers

Mutua v Anwarali & Brothers Ltd [2003] KEHC 928 (KLR)

✦ The court allows the defendant's application for particulars and orders the plaintiff to provide them within 21 days. If the plaintiff fails to comply, the defendant can seek to have affected paragraphs of the plaint struck out.

SALIM ALI DADA vs REPUBLIC [2003] KEHC 346 (KLR)

✦ The appeal is dismissed. The conviction is upheld, and the sentence of imprisonment is set aside due to the abolition of strokes of the cane.

STEPHEN MBUTHIA NGUNJIRI vs REPUBLIC [2003] KEHC 447 (KLR)

✦ The appeal is allowed, the sentence is set aside, and the appellant is set at liberty with the period already served.

UNION LIMITED vs KIRINYAGA DISTRICT FARMERS FARMERS SACCO SOCIETY LTD REGISTRAR OF CO-OPERATIVES SOCIETIES [2003] KEHC 787 (KLR)

✦ The application is dismissed with costs. The exparte appointment of receiver is hereby set aside.

ZAKARIA ACHIKI OMBOGO vs REPUBLIC [2003] KEHC 200 (KLR)

✦ Application is dismissed.

SYLVESTER MWINGA TSUMA v REPUBLIC [2003] KEHC 188 (KLR)

✦ The court dismissed the application for bail, upholding the trial court's ruling on the grounds that the offence is serious and there is a likelihood of the applicant absconding.

H.P.MAKHECHA T/A MAKHECHA AND CO. ADVOCATES V MANGU NGOLO [2003] KEHC 799 (KLR)

✦ The court dismisses the notice of motion and orders costs to the respondent.

NAHASHON KIPKURUI LANGAT v REPUBLIC [2003] KEHC 39 (KLR)

✦ The court found that the evidence supported the charge of indecent assault and convicted the Appellant accordingly. The sentence of 4 years imprisonment is confirmed, but the sentence of 8 strokes of the cane is reduced to 4.

ISAAC RIBIRO KAMERE V PATRICK NGANGA KAMAU [2003] KEHC 899 (KLR)

✦ The court finds judgment for the plaintiff against the defendant as prayed in the plaint in prayers (a) (b). The court also awards the plaintiff costs of the suit.

WILSON SAINA vs JOSHUA CHERUTICH TRADING AS CHERUTICH & COMPANY LIMITED [2003] KEHC 685 (KLR)

✦ Defendant's application is struck out with costs to the Plaintiff

WINNIE WANJIRU MUTURI vs RUDOLF KARL DIESCH [2003] KEHC 248 (KLR)

✦ The application is granted, and the applicant is entitled to file a Petition for divorce within 45 days from the date of the judgment.

ZIPPORAH WANJIRU v MUNICIPAL COUNCIL OF NAKURU [2003] KEHC 750 (KLR)

✦ The Appellant's claims for loss of business and value of her kiosk were not specifically pleaded and thus were not entitled to be awarded special damages.

JOHN KAMAU ICHARIA vs ZAKAYO CHERUIYOT AKA ZACHEAUS CHERUIYOT [2003] KEHC 208 (KLR)

✦ The court dismissed the application, finding that there was no act of contempt and that the order to be enforced had been stayed by the court.

HAJI SULEIMAN KASULE vs NAOMI WAIRIMU KIARIE,MOHAMED NAZIR EBRAHIM ADAT [2003] KEHC 891 (KLR)

✦ The Plaintiff is not a foreigner not ordinarily residing in Kenya, and does not own property in Kenya.

JANE WANJIKU MWANGI v REPUBLIC [2003] KEHC 314 (KLR)

✦ The Appellant's appeal is hereby allowed, her conviction quashed, and the sentence set aside. The Appellant be set at liberty forthwith unless lawfully detained in some other cause.