Kenyan case law

P O vs J K N [2002] KEHC 290 (KLR)

CRHISTEL B. LANGE & ANOTHER vs BEATRICE KARIUKI & ANOTHER [2002] KEHC 522 (KLR)

✦ The objection to the production of the investigator's report is upheld.

MANEE HAMUDE SHIBIBY & ANOTHER vs COMMISSIONER OF LANDS & ANOTHER [2002] KEHC 950 (KLR)

✦ The application is dismissed with costs

In Re KAMUKI MWEITHI [2002] KEHC 275 (KLR)

✦ The Kikuyu customary laws shall be applicable to this estate as the Act only repeals the laws set out in its Eighth schedule and does not include any customary law.

Kenya Police Staff Sacco v Kensing & Partners Consulting Engineers Ltd [2002] KEHC 1136 (KLR)

✦ The application is dismissed with costs.

KENYA POLICE STAFF SACO vs KENSING & PARTNERS CONSULTIN ENGINEERG LTD [2002] KEHC 712 (KLR)

✦ The application is dismissed with costs.

CHARLES AMBUNYA KHAMALLA vs THE AUCTIONEERS LICENCING BOARD [2002] KEHC 857 (KLR)

✦ The appeal is allowed, and the licence suspension is ordered for 2 years 5 months. The appellant is also ordered to pay a fine of Kshs.80,000/=.

COLORAMA PROCESSING LAB LTD vs BURHAM GULAM HUSSEIN & ANOTHER [2002] KEHC 640 (KLR)

✦ The court does not term the present suit as res judicata but consolidates it with the appeal 51/92.

ABERCROMBIE & KENT LIMITED vs PATRICK M. MUIRURI [2002] KEHC 263 (KLR)

✦ Application granted, stay of execution of judgment pending appeal

NAIROBI VETERINARY CENTER LTD. vs AGRICULTURAL DEVELOPMENT CORPORATION & ANOTHER [2002] KEHC 1096 (KLR)

✦ The Plaintiff's suit is struck out with costs

BERNARD HUNJA MWANARU vs REPUBLIC [2002] KEHC 357 (KLR)

NJOROGE KAMAU vs THE CHAIRMAN LARI DIVISION LAND DISPUTE TRIBUNAL [2002] KEHC 254 (KLR)

✦ The Award is a nullity in law due to lack of jurisdiction.

BERNARD HUNJA MWANARU vs REPUBLIC [2002] KEHC 119 (KLR)

Kenya Wildlife Services v Associated Construction Company Ltd [2002] KEHC 1104 (KLR)

✦ The court held that the Taxing Officer was correct in finding that Schedule VI (1) (b) was not applicable in the circumstances of this case, as the plaintiff was not suing for any amount or on the basis of the claim before the arbitrator but had simply applied to the court for a decision on whether the arbitrator had jurisdiction to determine the claim.

NATIONAL INDUSTRIAL CREDIT BANK LTD. vs PAUL KIPNGETICH KIRUI & ANOTHER [2002] KEHC 776 (KLR)

✦ Summary judgment is granted in favor of the Plaintiff for the sum of Shs.1,158,301.

ANTHONY EDWARD FARNSWORTO & ANOTHER vs KANTILAL DAMJI KUKAKIA T/A RAIYA CONTRUCTIONS [2002] KEHC 516 (KLR)

✦ The application for a stay of execution and lifting of the proclamation is dismissed with costs to the Plaintiffs.

COL JOSEPH NAMBASI LUKHOBA vs REPUBLIC [2002] KEHC 341 (KLR)

✦ Justice dictates that bail be granted.

RIMPEX S.A.R.L. vs HAPA ENTERPRISES [2002] KEHC 586 (KLR)

✦ The application succeeds, but the court orders the Respondent to furnish security for the costs of the Defendant in the sum of KSh.250,000/-, with the security to be provided within 15 days of the date of the judgment.

SALIM IDD MWASINA & 2 OTHERS vs REGISTRAR OF TRADE UNION & 4 OTHERS [2002] KEHC 670 (KLR)

✦ Application dismissed in its entirety

M.R.K. AMIRI vs ABDULRADEN S. A. KADIRY [2002] KEHC 804 (KLR)

✦ The court cannot terminate the case RRT 076/94 as it is still alive and matters of fact will be known at the hearing. The court must allow the parties to fix the case for hearing.

REPUBLIC vs THE MINISTER FOR LOCAL GOVERNMENT [2002] KEHC 269 (KLR)

✦ The court disallows the application and dismisses it with costs.

JOHN MUSYOKA MUTHENGA vs REPUBLIC [2002] KEHC 365 (KLR)

✦ Convictions quashed and sentences set aside

MICAHEL LOT vs REPUBLIC [2002] KEHC 369 (KLR)

✦ The appeal is allowed, conviction quashed, and sentence set aside.

JOSEPH NGIGI KIMANI vs REPUBLIC [2002] KEHC 931 (KLR)

ALICE MUTHONI vs SAMUEL GICHUKI WAITHUKI [2002] KEHC 1020 (KLR)

✦ The suit property will vest in the objector and his unmarried sisters. The second petitioner will have a life interest thereon.