Kenyan case law

FRANCIS KIBIA & Another vs REPUBLIC [2002] KEHC 130 (KLR)

✦ The conviction in count one is set aside due to insufficient evidence. The sentence in count one is set aside as it is illegal. The convictions and sentences in counts 2, 3, 4, and 5 are upheld.

Showind Industries Ltd v Guardian Bank Ltd & another [2002] KEHC 1147 (KLR)

✦ The application is dismissed with costs to the defendants.

STANLEY NDINGURI vs S.F. MWANGI MUSHARA [2002] KEHC 1242 (KLR)

✦ The court dismissed the appeal and upheld the decision of the Senior Resident Magistrate.

G.M.M v A.C.M [2002] KEHC 305 (KLR)

✦ The court grants the petition to dissolve the marriage on grounds of desertion.

Isaiah Wanjala Shiundu v Republic [2002] KEHC 471 (KLR)

✦ The appeal is dismissed as the sentence of five years imprisonment is not harsh or excessive given the quantity and the appellant's intention to sell the cannabis.

Hussein t/a MN Transporters v Agro-Chemical & Food Company Ltd [2002] KEHC 1118 (KLR)

✦ The court dismisses the plaintiff's claim and allows the defendant's counterclaim.

GUCHU MUIRURI vs LABAN NJUGUNA [2002] KEHC 789 (KLR)

✦ This court has jurisdiction and amendment of the plaint is allowed.

GIDEON KEFA & 12 OTEHRS v JOSEPH WAIHARO KURIA [2002] KEHC 967 (KLR)

✦ The court grants the application and reinstates the application for stay of eviction orders.

INTRA AFRICA ASSURANCE vs NELSON M. NJOROGE [2002] KEHC 863 (KLR)

JANE WANJIKU vs REPUBLIC [2002] KEHC 503 (KLR)

✦ The sentence is reduced to 15 months imprisonment on each count, to be served concurrently.

STEPHEN KARANJA WAWERU vs MANGU COFFEE GROWERS CO-OPERATIVE SOCIETY LTD [2002] KEHC 1083 (KLR)

✦ The decree against the society cannot be executed against the members of the management as they are not the parties to the suit and there was no judgment against them.

JOSEPH KARANJA KIBUE vs REPUBLIC [2002] KEHC 387 (KLR)

✦ The sentences for burglary and stealing will run concurrently, reducing the total sentence to three years.

STEPHEN MUNGATHIA ARITHU vs REPUBLIC [2002] KEHC 366 (KLR)

✦ The sentence of 3 years imprisonment for handling is upheld.

FRANCIS KARIUKI KINGORI vs REPUBLIC [2002] KEHC 122 (KLR)

✦ The appeal is allowed, conviction quashed and sentence set aside. The appellant shall be released forthwith unless otherwise lawfully held.

FRANCIS THUO NJUGUNA………….. vs REPUBLIC [2002] KEHC 566 (KLR)

✦ The prison sentences against both appellants on both counts are reduced to a period served. The order for the strokes against both appellants on each of the two limbs of the 1st count is reduced to one stroke each limb. The two strokes be inflicted on each of the two appellants and they be released forthwith thereafter.

GACHUMA GACHERU V MAINA KABUCHWA [2002] KEHC 750 (KLR)

✦ The application fails and is hereby dismissed with costs to be paid by counsel personally.

SYLVESTER KELI KAKUMI vs REPUBLIC [2002] KEHC 1089 (KLR)

✦ The appeal is dismissed and the sentence is enhanced to 3 strokes of the cane.

S.K.M V W.W.K [2002] KEHC 307 (KLR)

✦ Marriage dissolved, respondent pays her own expenses, petitioner has access to child

WACHIRA WAMBUGU GITUMBI v MOBIL OIL KENYA LIMITED [2002] KEHC 638 (KLR)

✦ The application was dismissed and the orders made on 14th June 2002 were not stayed.

GEOFFREY MARUBU MWANGI vs MOTOR MART GROUP LIMITED T/A BRUCE TRUCKS & EQUIPMENT [2002] KEHC 826 (KLR)

✦ The court dismisses the application for a temporary injunction pending appeal.

JOHN KINGARA NJUGUNA vs REPUBLIC [2002] KEHC 343 (KLR)

✦ The application for bail pending appeal is dismissed.

In Re:SAMUEL MUNJUGA NJUGUNA [2002] KEHC 1002 (KLR)

✦ The appeal against the ruling of Aganyanya J. is dismissed with costs. The application to allow the Deputy Registrar to sign documents on behalf of the administratrix is granted.

STANLEY NJOGU NGUGI v KENYA RENT & CAR LIMITED [2002] KEHC 1062 (KLR)

✦ The appeal is allowed, and the lower court's judgment is set aside. The case is remitted for the assessment of damages.

In Re Silvester Kuria Kinyanjui [2002] KEHC 30 (KLR)

✦ The application for discharge is allowed and the debtor is discharged from bankruptcy

SAMUEL THIONGO vs GEORGE KIMANI & ANOTHER [2002] KEHC 972 (KLR)

✦ The appeal is dismissed with costs. The learned magistrate exercised his discretion correctly in refusing to set aside the interlocutory judgment.