Kenyan case law

WESTMONT POWER (KENYA) LIMITED vs WESTMONT POWER (KENYA) LIMITED [2003] KEHC 584 (KLR)

✦ Summary judgment is granted to the plaintiff in the sum of shs76,000,000 with interest, costs, and decree to issue accordingly.

REPUBLIC vs COMMISSIONER OF LANDS ANNE GATHONI GITHUI Ex Parte KANZE KAINGU [2003] KEHC 818 (KLR)

✦ The court dismisses the ex-parte applicant's Notice of Motion for want of prosecution with costs to the Interested Party.

Wayua Mutisya Kinothya v Rueben M. Musyoki [2003] KEHC 76 (KLR)

✦ The court refuses the application for stay of execution and orders the defendant to remain removed from the premises pending the appeal.

Wilson Kiprotich Chepkairor Shollei v Republic [2003] KEHC 260 (KLR)

✦ The forfeiture order was upheld as the surety had the duty to ensure the accused turned up in court and had the duty to report if the accused was likely to abscond.

Wip Joseph Macharia Kamau v Stephen Kariuki Wairia [2003] KEHC 563 (KLR)

✦ The application by the Defendant/Applicant is dismissed for non-attendance, and the Defendant/Applicant is ordered to pay the Plaintiff/Respondent's costs.

Zakayo Kagombe Nderu v Kenya National Chamber of Commerce & Industry & another [2003] KEHC 934 (KLR)

✦ Prayer 3 granted, prayers 4 and 5 dismissed.

ZAKAYO KAGOMBE NDERU vs THE KENYA NATIONAL CHAMBER OF COMMERCE & INDUSTRY [2003] KEHC 684 (KLR)

✦ Prayer 3 is granted, reinstating the Plaintiff's membership. Prayers 4 and 5 are dismissed.

Somoe v Langant [2003] KEHC 491 (KLR)

✦ The application is granted with no order as to costs, and the applicant is required to file the substantive suit within 15 days from the date of the ruling and serve it within 15 days from the date of filing.

SAMUEL IRIA KILONZO vs REPUBLIC [2003] KEHC 321 (KLR)

GANSHYAM CHHOTABHAI PATEL & ANOTHER V MAKUPA CHEMISTS LIMITED & ANOTHER [2003] KEHC 543 (KLR)

✦ The application is ordered dismissed in its entirety with costs to the 2nd defendant.

GABRIEL NJOROGE MBUTHIA vs REPUBLIC [2003] KEHC 262 (KLR)

✦ The appeal against conviction is dismissed. The sentence is reduced to 12 months imprisonment.

FRANK W MBOGO T/A WHITESHIELD ENTERPRISES V MARAGUA TOWN COUNCIL [2003] KEHC 591 (KLR)

✦ The application is allowed, the judgment is set aside, and the case is heard again before a different judge.

GATEWAY INSURANCE CO. LTD v ARIES AUTO SPRAYS [2003] KEHC 41 (KLR)

✦ The application is granted.

Simon Kinyua Mwangi v Republic [2003] KEHC 441 (KLR)

✦ The appeal is dismissed in its entirety as the evidence was sufficient and the sentence was not excessive.

FRANCIS MUKUNGA WAWERU v ATTORNEY GENERAL [2003] KEHC 724 (KLR)

✦ Preliminary objection to the suit is refused

JASUMATI DHIRAJLAL SAVANI vs CHUNILAL M. SAVANI [2003] KEHC 611 (KLR)

✦ Application dismissed with costs to the defendant

SOLOMON CHEGE KIMEA vs REPUBLIC [2003] KEHC 662 (KLR)

GEOFFREY MBUGUA NGANGA v REPUBLIC [2003] KEHC 529 (KLR)

James Gichuri Mungai v Republic [2003] KEHC 537 (KLR)

✦ The Appellant was found guilty of careless driving and the conviction is upheld.