Kenyan case law

S O O vs REPUBLIC [2002] KEHC 358 (KLR)

✦ The conviction is quashed and the sentence set aside due to the trial magistrate's failure to establish the children's intelligence and understanding of the oath.

GABRIEL KAMAU KINUTHIA vs REPUBLIC [2002] KEHC 454 (KLR)

✦ The appeal is dismissed. The evidence of the complainant and her mother was corroborated by the evidence of PW4. The medical evidence confirming the complainant was defiled is sufficient. The sentence of 10 years and 2 strokes is within the legal maximum.

GEORGE MUGO KARUNDE vs REPUBLIC [2002] KEHC 142 (KLR)

✦ The appeal is allowed, reducing the sentence to the period already served by the appellant plus two strokes of the cane.

Kenya Bankers Association v Minister for Finance & another [2002] KEHC 1229 (KLR)

Swaleh Gheithan Saanun v Commissioner of Lands & 5 others [2002] KEHC 1168 (KLR)

✦ The Court holds that an affidavit can be amended, but the amended affidavit should not be expunged. The amended plaint should not be struck out as it is still verified by the original verifying affidavit.

IN RE ISHMAEL JUMA CHELANGA [2002] KEHC 1036 (KLR)

✦ The court appointed the deceased's widow and brother as administrators and made orders for the preparation of a full inventory of assets and liabilities.

Eunice Wangui v Wilson Thambo [2002] KEHC 959 (KLR)

✦ The Plaintiff is awarded Kshs.110,550/- in total, including general damages for pain and suffering and special damages for medical expenses.

INDEXCO MARKETTING SERVICES LTD v FLATS INVESTIMENTS LTD [2002] KEHC 622 (KLR)

✦ The court dismissed the suit for want of prosecution

JANE MWONGELA vs JOSEPH MWONGELA [2002] KEHC 314 (KLR)

✦ Petitioner's summons dismissed in its entirety

Intimate Beauty Care Ltd t/a Simply Fine Fashions v Kundan Singh Construction t/a Leopard Beach Hotel [2002] KEHC 52 (KLR)

✦ The court grants both a temporary mandatory injunction and a prohibitive injunction as prayed for by the Plaintiff.

SISIONI DAIRY & PYRETHRUM FAMERSCO-OPERATIVE SOCIETY LTD vs JOSPEH MWANGI WAWERU [2002] KEHC 878 (KLR)

✦ The appeal is allowed, and the lower court order is set aside.

Stephen Bernard Oduor v Afro Freight Forwarders [2002] KEHC 1144 (KLR)

✦ The affidavit is struck out as it was sworn in Mombasa, but the plaintiff's claim is not dismissed as it discloses a cause of action.

SIAYA SUPERMARKET LIMITED vs BADBONE CLARK KENYA LTD. [2002] KEHC 844 (KLR)

✦ The application for stay of execution is dismissed with costs

SALOME ONYANGO OLUOCH v PHILIP MATHEKA NDUNDA & ANOTHER [2002] KEHC 12 (KLR)

✦ The court finds the defendant liable for the deceased's death and awards damages to the plaintiff and the deceased's children.

MASUDI SALIM JUMA vs REPUBLIC [2002] KEHC 433 (KLR)

✦ The offence is reduced to robbery under Section 296(1) and the sentence remains as set by the lower court.

Kenyan Alliance Insurance Co. Ltd v Trade Insurance Brokers Ltd [2002] KEHC 1032 (KLR)

✦ The court allowed the application and ordered a date to be taken at the registry for the applicant to show cause why the claim evidenced by cheques should be heard.

SEA STAR MALINDI LTD v KENYA WILDLIFE SERVICE [2002] KEHC 919 (KLR)

✦ The application is denied.

JOE MWANIKI MWANGI & 2 OTHERS v HENRY MUKORA MWANGI & ANOTHER [2002] KEHC 26 (KLR)

✦ The appeal is dismissed with costs.

Kipyator Nicholas Kiprono Biwott v George Mbuggus & another [2002] KEHC 1146 (KLR)

✦ The court had already entered a judgment for the plaintiff on liability.

In Re: ELIZABETH WANJIRA MUCHIRI [2002] KEHC 1029 (KLR)

✦ The grant of Letters of Administration is revoked due to misrepresentation and lack of relationship.

JOSEPH MBURU KIMUKU vs GRACE WANJIRU NJIHIA [2002] KEHC 731 (KLR)

✦ The application for a stay of execution of the decree is dismissed

IN THE MATTER OF THE ESTATE OF BENSON WACHIRA IRUNGU (DECEASED) [2002] KEHC 999 (KLR)

✦ The court dismissed Naomi's petition for revocation of the Letters of Administration, finding that Naomi failed to produce any evidence to show she was married to the deceased and lived with him as a wife.

JANE MUTHONI KUHUNIZA & (2) OTHERS vs JOSEPH FITUERE & (2) OTHERS [2002] KEHC 749 (KLR)

✦ The application has no legal foundation and is dismissed with costs.

PATRICK KIMATHI NGORE vs REPUBLIC [2002] KEHC 480 (KLR)

✦ The conviction and sentences for robbery and possession of government stores are upheld

Shariff Mohamed A. Omar V Bontempi Luigi & 3 Others [2002] KEHC 36 (KLR)

✦ The application to amend the plaint is allowed, and the 2nd Defendant is transposed to be the 2nd Plaintiff.