High Court of Kenya judgments

SHELTER CREDIT LIMITED vs THE KENYA NATIONAL ASSURANCE CO. LTD [2002] KEHC 807 (KLR)

✦ The application for injunction is not sustainable. The applicant failed to establish the conditions necessary for an injunction to be granted.

[2002] KEHC 807 (KLR) High Court of Kenya

SHIPMARC LIMITED V OWNERS OF M/V “MAMA MARY” [2002] KEHC 1048 (KLR)

✦ Judgment is entered for the Claimant for the sum of US $67,418.23 and an additional daily sum of US $144.42 from 1st October, 2001 until the vessel is vacated from the Claimant’s buoy.

[2002] KEHC 1048 (KLR) High Court of Kenya

SAMUEL MWANGI MINYOTE vs MONICA WANJIKU KURIA [2002] KEHC 235 (KLR)

✦ The court grants unconditional leave to file appeal out of time and orders the applicant to pay costs to the respondent

[2002] KEHC 235 (KLR) High Court of Kenya

SAMUEL KIHONGE KAMURA vs REPUBLIC [2002] KEHC 501 (KLR)

✦ The appeal lacks merit and is hereby dismissed.

[2002] KEHC 501 (KLR) High Court of Kenya

SAMUEL KIMANI MUTU vs WAMBUI GATHINA,MUMBI GATHINA [2002] KEHC 990 (KLR)

✦ The award made by District Officer is ultra vires the court's order and is set aside.

[2002] KEHC 990 (KLR) High Court of Kenya

SALIM FURIA SHETI vs REPUBLIC [2002] KEHC 472 (KLR)

✦ The sentence is reduced to 7 months, and the appellant is released from prison. He is required to compensate the owner of the goat with one goat within 7 days after his release. If he defaults, he will be arrested and ordered to serve the remaining part of the sentence.

[2002] KEHC 472 (KLR) High Court of Kenya

HENRY GATHU THANDE vs BENSON KAMAU KARIGITHI [2002] KEHC 171 (KLR)

✦ The application is dismissed with costs

[2002] KEHC 171 (KLR) High Court of Kenya

FRANCIS MUHINDA AYUB THINWA vs ANTONY GATHARA AYUB [2002] KEHC 795 (KLR)

✦ The Plaintiff is entitled to 4 acres of the land at Gathehu, and the Defendant must transfer the portion to the Plaintiff.

[2002] KEHC 795 (KLR) High Court of Kenya

FRANCIS MWANZA MULWA vs REPUBLIC [2002] KEHC 128 (KLR)

✦ The plea of antrefois acquit is upheld, and the charge is dismissed.

[2002] KEHC 128 (KLR) High Court of Kenya

HENRY RONG'UNO CHEBOIWO v WILFRED C. CHEPKURGAT& 2 OTHERS [2002] KEHC 626 (KLR)

✦ The plaintiff has a right to proceed with formal proof against the 1st defendant.

[2002] KEHC 626 (KLR) High Court of Kenya

Ibrahim M. Mlamba & another v Hirji Virpal Shah & another [2002] KEHC 655 (KLR)

✦ The Second Defendant is the rightful owner of the property and is entitled to vacant possession. The Plaintiffs are ordered to pay mesne profits and interest.

[2002] KEHC 655 (KLR) High Court of Kenya

SUSAN WANJIKU NDUNG’U & 3 OTHERS vs LILIAN WAMBUI NDUNGU [2002] KEHC 230 (KLR)

✦ The application should not have been brought under the Trustee Act and the plaintiffs should have filed an application under Section 35(3) of the Law of Succession Act

[2002] KEHC 230 (KLR) High Court of Kenya

GABRIEL MWAVULA MALASI vs REPUBLIC [2002] KEHC 161 (KLR)

✦ The appeal is dismissed. The circumstances surrounding the scene were satisfactory for identification, and the identification parade was conducted correctly.

[2002] KEHC 161 (KLR) High Court of Kenya

JOHN MBURU MUIRURI & ANOTHER vs KENYAN ALLIANCE INSURANCE CO. LTD. [2002] KEHC 1251 (KLR)

✦ Both applications are dismissed. Each party bears its own costs.

[2002] KEHC 1251 (KLR) High Court of Kenya

HABIB JUMA HASSAN vs REPUBLIC [2002] KEHC 442 (KLR)

✦ The conviction is upheld, but the sentence is set aside and replaced with a 3-year Community Service Order

[2002] KEHC 442 (KLR) High Court of Kenya

FRANCIS MWANZA MULWA V REPUBLIC [2002] KEHC 558 (KLR)

✦ The plea of antrefois acquit is upheld, and the charge is dismissed.

[2002] KEHC 558 (KLR) High Court of Kenya

GIUSTOBATOOCHI vs RICCARDO LIZZIER [2002] KEHC 164 (KLR)

✦ The court finds that the plaintiff hired the generator to the defendant for Shs.5,000/= per month and awards the plaintiff Shs.420,000/= plus costs.

[2002] KEHC 164 (KLR) High Court of Kenya

National Industrial Credit Ltd v Mindi Estates Ltd & 2 others [2002] KEHC 1158 (KLR)

✦ The Government of the United States of America was entitled to be heard and the garnishee orders nisi and absolute were misconceived and set aside.

[2002] KEHC 1158 (KLR) High Court of Kenya

JACINTA WANGARI KAMAU vs STEPHEN MUTURI WANG’ONDU [2002] KEHC 842 (KLR)

✦ The appeal is dismissed with half costs to the respondent. Kshs.50,000 is reduced from the award of Kshs.148,260.

[2002] KEHC 842 (KLR) High Court of Kenya

FAITH MWENDE MUNILU vs REPUBLIC [2002] KEHC 411 (KLR)

✦ The convictions were not well founded on the evidence adduced.

[2002] KEHC 411 (KLR) High Court of Kenya

HENRY N GICHURU vs THE MINISTER FOR HEALTH THE KENYATTA NATIONAL HOSPITAL BOARD [2002] KEHC 239 (KLR)

✦ The court does not find the objection meritorious and dismisses it. Both sides may be heard at this stage on the application for leave.

[2002] KEHC 239 (KLR) High Court of Kenya

Gregory Njoroge Kireri v Republic [2002] KEHC 19 (KLR)

✦ The appeal is dismissed in its entirety. The conviction and sentence are upheld.

[2002] KEHC 19 (KLR) High Court of Kenya

EUSTELLA FRANCIS HAMISI vs THE AGA KHAN HOSPITAL, MOMBASA [2002] KEHC 514 (KLR)

✦ The application is dismissed with costs.

[2002] KEHC 514 (KLR) High Court of Kenya

HOUSING FINANCE COMPANY OF KENYA LTD vs FRANCIS MBURU KAMAU [2002] KEHC 649 (KLR)

✦ The application for decree of possession is dismissed. The defendant is given unconditional leave to defend the suit.

[2002] KEHC 649 (KLR) High Court of Kenya

J.K.W vs D.N.K [2002] KEHC 295 (KLR)

✦ The court grants a decree nisi to dissolve the marriage of the petitioner to the respondent.

[2002] KEHC 295 (KLR) High Court of Kenya

Kenyan case law