Kenyan case law

HENRY MUTEGI vs SICILY KATHAMBI MURIUNGI [2002] KEHC 605 (KLR)

✦ The court finds that the property must be preserved for the benefit of both parties and restrains the Defendant from dealing with the property until the suit is heard and determined.

JOB WAINAINA MUCUHA & ANOTHER V REGITRAR OF TRADE UNIONS) KENYA UNION OF ENTERTAINMENT) & MUSIC INDUSTRY EMPLOYER [2002] KEHC 261 (KLR)

✦ The application is dismissed with costs.

S B v V M [2002] KEHC 1170 (KLR)

✦ Petitioner's prayer for permanent custody of the children is allowed for six months, with interim custody granted to her. Petitioner is ordered to provide maintenance for the children during the interim period. Respondent is granted access to the children on Saturdays and Sundays. Petitioner's prayer for the return of her motor vehicle is dismissed.

GURDARSHAN SINGH vs C.K. VIRDEE J.S. VIRDEE [2002] KEHC 896 (KLR)

✦ The appeal is dismissed, and the application for the release of the deposit is dismissed with costs.

Glencore Grain Ltd v TSS Grain Millers Ltd [2002] KEHC 1110 (KLR)

✦ The application for recognition and enforcement of the arbitral award is refused and dismissed. The application to set aside the arbitral award is allowed.

STANLEY KARIUKI NJAU & ANOTHER vs WANJIRU M. KARIUKI & 2 OTHERS [2002] KEHC 259 (KLR)

✦ The court allows the application as prayed, ordering the Land Registrar to revoke the 2nd applicant's title, subdivide the land, and transfer 2 acres to the 1st respondent.

EUITY BUILDING SOCIETY vs MWIHOKO HOUSING COMPANY LTD [2002] KEHC 643 (KLR)

✦ The court dismissed the application for review of the decree, finding that the alleged new matters and errors were not new and that the findings were on the merits.

IBRAHIM MUSA MOHAMED vs THWAKE AUTO TYRES [2002] KEHC 892 (KLR)

✦ The appeal is dismissed with costs to the respondent, and the respondent is allowed to proceed to tax the costs immediately.

Housing Finance Co of Kenya Ltd v Prudential Dry Cleaners Ltd [2002] KEHC 1202 (KLR)

✦ The court held that the judge's reliance on section 3(d) was a mistake or error on the face of the record, and that the plaintiff was entitled to a relief that was taken away due to the judge's reliance on the amended section 3(d).

SIMON NJAGI v REPUBLIC [2002] KEHC 132 (KLR)

✦ The application is dismissed. The cases should continue to be heard as separate criminal cases.

HERSI HALAKE & 2 OTHERS v REPUBLIC [2002] KEHC 379 (KLR)

✦ The convictions for robbery with violence and possession of firearms and ammunition are upheld. The sentences of death for robbery and four years for each of the other two counts are affirmed.

MAFUTA PRODUCTS LIMITED vs UNIVEC PETROLEUM LIMITED [2002] KEHC 766 (KLR)

✦ The Plaintiff is entitled to summary judgement for Shs.1,582,000.

General Motors (K) Ltd v Skyline Rollers Ltd [2002] KEHC 786 (KLR)

✦ The application is dismissed and the plaintiff's paragraph is struck out

GEORGE GIKONYO NGANGA V REPUBLIC [2002] KEHC 1263 (KLR)

✦ The conviction for robbery with violence is substituted with a sentence of 4 1⁄2 years imprisonment with effect from 6-8-1999 plus three strokes. The death sentence is set aside.

ROSE WANJIRU RUGENDO V M/S NJIIRI HARDWARE LIMITED & ANOTHER [2002] KEHC 531 (KLR)

✦ The application is refused and dismissed in its entirety.

HARVEY’S BAR & RESTAURANT LTD vs FERNANDO VISCHI [2002] KEHC 523 (KLR)

✦ The Plaintiff is to be reinstated into the suit premises with immediate effect and its properties are to be released to it immediately.

HASMUKH KHETSHI SHAH vs TINGA TRADERS LIMITED [2002] KEHC 778 (KLR)

✦ The application for an order of injunction to restrain the defendant from interfering with the plaintiff's quiet possession is dismissed with costs.

ICHE CHUKWU NTINU v IN THE MATTER OF IMMIGRATION [2002] KEHC 268 (KLR)

✦ Application is dismissed with costs.

Gemini W/O Vimal Nandlal Shah v Vimal Nandlal Shah [2002] KEHC 1161 (KLR)

HUSSEIN GULABKHAN & 10 OTHERS vs MARKET MANSION [2002] KEHC 940 (KLR)

✦ The application for stay of execution of the Tribunal order is allowed on the condition that the plaintiffs furnish guarantors in the sum of Shs.100,000/- for each applicant and that the intended appeal must be prosecuted within the next twelve months from today.

HORKAN INVESTMENT LIMITED vs NAMAYUK SELF HELP GROUP [2002] KEHC 727 (KLR)

✦ The application to strike out the plaint and set aside all orders is dismissed with costs.

GRACE WARUINU NGIGI & ANOR vs NGUGI NGURI & 4 OTHERS [2002] KEHC 690 (KLR)

✦ The court finds the transfer fraudulent and a nullity, and orders the land to revert to the deceased's name.

GREEK MWANYASI MUNYAKA vs REPUBLIC [2002] KEHC 428 (KLR)

✦ The appeal is allowed, conviction quashed, sentence set aside. Appellant released forthwith unless otherwise legally held.

In the Matter of the Estate of Bedan Kungu Kago (Deceased) [2002] KEHC 1021 (KLR)

✦ The grant of letters of administration to the deceased's estate is revoked, and a new grant is issued to the deceased's sons, excluding the disputed land from the distribution.

INGARA GITHENYAA & another v JACKSON GITHENYA ITATA [2002] KEHC 1001 (KLR)

✦ The confirmed grant is nullified and surrendered. The estate is to be confirmed by equal distribution of the land among the families of the deceased's sons.