Kenyan case law

HUDSONENTERPRISES LIMTIED vs KENYA COLD STORAGE (FOODS) LIMITED & 11 OTHERS [2002] KEHC 781 (KLR)

✦ The matter is adjourned to a date to be fixed today in court.

JOHN KIRISIET OLE MUSEI vs REPUBLIC [2002] KEHC 145 (KLR)

✦ The conviction is quashed and sentence set aside. The appellant shall be set free.

PATRICK WILLIAM IRUNGU MACHARIA vs ELISHIBA WAITHIRA & ANOTHER [2002] KEHC 862 (KLR)

✦ The ex parte judgment was set aside

LYDIA N. WANG’ONDU vs KAMERE & CO. ADVOCATES [2002] KEHC 751 (KLR)

✦ The plaintiff's claim is dismissed with costs to the defendant.

VIRIGINIA KALONDU MUSAU vs REPUBLIC [2002] KEHC 482 (KLR)

✦ The sentences are reduced in some cases, and the appellant is released in others.

STANDARD CHARTERED ESTATE MANAGEMENT LTD v DAVID MARIRU MWANGI [2002] KEHC 1056 (KLR)

✦ The appeal is dismissed with costs.

SSEBAGALA & SONS ELECTRIC LTD vs KENYA NATIONAL SHIPPING LINES LTD [2002] KEHC 912 (KLR)

✦ The application to set aside the foreign judgment is dismissed, and execution is stayed for 14 days pending a formal application to stay execution.

STEPHEN KARIUKI KARANJA v MURANDIA FARMERS CO-OPERTIVE SOCIETY & ANOTHER [2002] KEHC 1252 (KLR)

✦ The court finds 100% liability against the defendants and awards Kshs.150,000 for pain and suffering and loss of amenities.

J K vs J W K [2002] KEHC 284 (KLR)

✦ The court grants the divorce based on the respondent's adultery, desertion, and irretrievable breakdown of the marriage.

WANGUI MBUGUA THUO vs GATHONI THUO [2002] KEHC 1013 (KLR)

✦ The grant of letters of administration is revoked, and the objector and Joseph Mbugua Thuo are directed to file a petition for letters of administration.

In Re Estate of Anastacia Mbula Kilungu (Deceased) [2002] KEHC 1187 (KLR)

✦ The application for an injunction is dismissed with costs to the administrators/respondents.

Henry Amwayi Ndete v Chairman Land Disputes Tribunal & another [2002] KEHC 1166 (KLR)

✦ The motion is struck out with costs to both the respondent and the interested party due to the failure to intitule the motion in the name of the Republic and the applicant's improper application for a prerogative writ of certiorari which is expressly barred by statute.

SIMON CHEGE WAWERU vs REPUBLIC [2002] KEHC 1257 (KLR)

✦ The appeal is dismissed. The conviction and sentences for obtaining money by false pretenses are upheld.

Indigo EPZ Limited v Eastern and Southern African Trade & Development Bank [2002] KEHC 1165 (KLR)

✦ The court dismissed the defendant's application and granted the plaintiff's suit. The court held that the Arbitration Clause does not oust the jurisdiction of the court and that the plaintiff was entitled to bring the suit under section 7 of the Arbitration Act 1995 and Rule 2 of the Arbitration Rules 1997.

JULIUS MWANGAI IDAYA vs REPUBLIC [2002] KEHC 121 (KLR)

✦ The conviction is upheld and the appeal is dismissed

KARIUKI NJOROGE vs REPUBLIC [2002] KEHC 565 (KLR)

✦ The appeal is summarily rejected. The prison sentence is reduced to a period served and the order for strokes is set aside. The appellant is released forthwith.

HENRY GICHAMBA OBWOGI vs REPUBLIC [2002] KEHC 367 (KLR)

✦ The appeal is dismissed accordingly, the sentence is not interfered with

Voi Jua Kali Association v Sange & others [2002] KEHC 1131 (KLR)

INTIMATE BEAUTY CARE LTDT/A SIMPLY FINE FASHIONS vs KUNDAN SINGH CONSTRUCTION LTD T/A LEOPARD BEACH HOTEL [2002] KEHC 945 (KLR)

✦ The application for both temporary mandatory injunction and prohibitive injunction are granted

STELLA MUMBUA MWOLOLO & ANOTHER v PAUL W. GITONGA [2002] KEHC 1249 (KLR)

✦ Interlocutory judgment entered on liability, plaintiffs awarded Kshs.70,000 for loss of expectation of life and Kshs.144,000 for loss of dependency.

SAMUEL NJOROGE KARANJA vs REPUBLIC [2002] KEHC 474 (KLR)

✦ The case against the applicant is transferred to the Chief Magistrate's Court Nairobi for directions as to hearing.

REPUBLIC vs COMMISSIONER OF POLICE EX-PARTE JANE MUTHONI KARIUKI & ANOTHER [2002] KEHC 113 (KLR)

✦ The application is allowed, and orders prayed for are granted with costs to the applicants.

Supermarine Handling Services Ltd v Commissioner General, Kenya Revenue Authority [2002] KEHC 1105 (KLR)

✦ The application is dismissed

Kyondo v Kashuru [2002] KEHC 100 (KLR)

✦ The court entered judgment in favor of the plaintiff for Shs. 1,295,000 with interest from March 1998 at court rates, and deducted Shs. 120,000 from the total amount.