Kenyan case law

TIMOTHY MUKURU GITHUGU V WENDY KAMWENDE MUKURU [2003] KEHC 852 (KLR)

✦ The orders are set aside and the appeal is allowed.

HARRY E. ATENG vs GIMCO LIMITED & ANOTHER [2003] KEHC 239 (KLR)

✦ The Court allows the application for an interlocutory injunction.

Timothy Mukuru Githugu V Wendy Kamwende Mukuru [2003] KEHC 889 (KLR)

✦ The orders are set aside

JOHN KARIUKI MURERA vs REPUBLIC [2003] KEHC 152 (KLR)

✦ Convictions and sentences for robbery and firearm possession are quashed

VINCENT COLLINS,NICHOLAS ODONGO RAYOLA vs IN THE MATTER OF THE CHIEF MAGISTRATE’S COURT AT NAIROBI [2003] KEHC 223 (KLR)

✦ Application dismissed with costs.

JESSE MBURU GITAU & 3 others v ATTORNEY GENERAL [2003] KEHC 45 (KLR)

✦ The court finds that S 27 of the Civil Procedure Act does not apply to judicial review matters and the withdrawal of the application for judicial review was justified due to the amendment of the Auctioneers Act.

JEREMIAH M KOBAAI V TINA M KUKLENSHKI (director of Administration International Centre of Insect Physiology & Ecology (ICIPE) & ANOTHER [2003] KEHC 572 (KLR)

✦ The court dismisses the application for review.

GRACE WANGARI MWAURA & another v WANJIRU MWAURA [2003] KEHC 876 (KLR)

✦ The court dismissed Wanjiru Mwaura's cross-petition and Mwihaki Mwaura's cross-petition, finding that they did not prove their claims of being beneficiaries.

ESTHER WANJIRU KIARIE vs JOSEPH KIARIE NG’ANG’A [2003] KEHC 513 (KLR)

✦ The Defendant is liable for the Plaintiff's injuries and is ordered to pay Kshs. 1,035,984 in general and special damages.

TRANS-NATIONAL BANK LTD vs RISPER ADHIAMBO OWINO [2003] KEHC 683 (KLR)

✦ The judgment was given ex-parte, and the application for leave to amend the defence is allowed. The ex-parte ruling is set aside, and the defendant is ordered to pay costs.

KENYA SHIELD SECURITY LTD V DISMAS MAUTI SANGAE [2003] KEHC 199 (KLR)

✦ The court grants leave to file an appeal out of time and orders that the appeal be filed and served within 14 days. The court also grants a stay of execution pending the interpartes hearing of the appeal.

SIMON KINYUA NYAGA vs REPUBLIC [2003] KEHC 57 (KLR)

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

SALMIN BWANAHERI BWANAMKUU vs ATTORNEY GENERAL [2003] KEHC 143 (KLR)

✦ The court dismissed the application, finding that the learned senior resident magistrate was within his powers under the Act.

Simon Kimwele Mutunga v Republic [2003] KEHC 457 (KLR)

✦ The conviction in count 1 is quashed and the sentence is set aside. The appeal is allowed in respect of count 1. The conviction in count 2 is upheld and the sentence is affirmed.

Shigog Investments Ltd v National Bank of Kenya Ltd [2003] KEHC 565 (KLR)

✦ The court finds that a compromise had been arrived at Kshs.11.8 million and enters judgment for the defendant on the counter-claim in the sum of Kshs.11.8 million in full and final settlement.

SIMON MAINA MWANGI vs REPUBLIC [2003] KEHC 373 (KLR)

THOMAS MIKWA KONGOI vs REPUBLIC [2003] KEHC 912 (KLR)

✦ The appeal is allowed to the extent of reducing the original sentence to a maximum of 12 months, which should have been served by three months ago. The appellant is hereby ordered released forthwith unless lawfully held in prison.

VERONICAH WAIRIMU KIHANYA vs AUGUSTINE MWAURA KIHANYA [2003] KEHC 862 (KLR)

✦ The application is dismissed with no order for costs.

WAITHAKA KAREITHI & ANOTHER vs JOHN KAGUU GITHAE [2003] KEHC 215 (KLR)

✦ The court allows the application and grants custody of the infants to the plaintiffs, appointing them as their guardians. The defendant is ordered to release Edwin to the custody of the plaintiffs.

WAMBUI KARIUKI vs KAMAU MWANGI [2003] KEHC 900 (KLR)

✦ The application is allowed to that extent, and the person suffering from mental disorder is committed to a mental institution.

ODEK OCHOKO & 7 OTHERS VS GERISHON KAMAU KIRIMA & ANOTHER vs GERISHON KAMAU KIRIMA [2003] KEHC 218 (KLR)

✦ The action is incompetent and must be struck off with costs to the Respondent/objector.

Wamboko v Kibunguchi & another (2008) 2 KLR (EP) 477 [2003] KEHC 968 (KLR)

NACICO CO-OPERATIVE SAVINGS& CREDIT SOCIETY LTD vs MUCIIMI [2003] KEHC 528 (KLR)

✦ The objection raised is upheld, and the Notice of Objection and subsequent applications filed in the name of M/s Murimi & Co. Advocates are struck out of the record of this matter.

JAMES MAINA MBUGUA V REPUBLIC [2003] KEHC 300 (KLR)

✦ The conviction and sentence on the first count are upheld. The conviction and sentence on the second count are set aside.

YOHANA MUSEMBI NDUNGUI vs REPUBLIC [2003] KEHC 405 (KLR)

✦ The conviction for grievous harm is upheld, but the sentence is reduced to 2 years and 1 stroke.