Kenyan case law

REPUBLIC v KHADIJA SALIM [1998] KEHC 15 (KLR)

✦ The court acquits the accused of the charge of murder.

REPUBLIC vKAHINDI DAVID KENGA [1998] KEHC 73 (KLR)

✦ The accused is found guilty of murder and sentenced to death.

DISMAS RATIEL OKUMU v REPUBLIC [1998] KEHC 50 (KLR)

✦ The convictions and sentence of death are quashed. The appellants are set at liberty unless otherwise lawfully held.

DISMAS RATIEL OKUMU & Another v REPUBLIC [1998] KEHC 27 (KLR)

✦ The convictions and sentence of death are quashed. The appellants are set at liberty unless otherwise lawfully held.

REPUBLIC v KHADIJA SALIM [1998] KEHC 293 (KLR)

✦ The court acquits the accused of the charge laid, finding the prosecution did not prove the accused's guilt beyond reasonable doubt.

MESHACK OMARI MONYORO vs DAVID KINYANJUI & TWO OTHERS [1998] KEHC 192 (KLR)

✦ The defendants' application falls short of the requirements of Order 44 Rule 1(1) and must fail. The plaintiff shall comply with Order 20 Rule 7 of the Civil Procedure Rules before execution.

Libasia v Wekesa & 2 others (2008) 2 KLR (EP) 195 [1998] KEHC 310 (KLR)

JAPHETH GALAGATI SHAMALLA v PHILIP WEKESA & ANOTHER [1998] KEHC 47 (KLR)

✦ The petition is a nullity and must be struck out.

MICHAEL GICHOHI MWANGI vs PETER MWANGI THUO & ANOTHER [1998] KEHC 194 (KLR)

✦ The plaintiff is awarded K.shs.446,000/- in general damages and K.shs.24,900/- in special damages.

MICHAEL GICHOHI MWANGI v PETER MWANGI & ANOTHER [1998] KEHC 111 (KLR)

✦ The court finds that the defendants alone were responsible for the accident and that the plaintiff is entitled to K.shs.446,000/- in general damages and K.shs.24,900/- in special damages.

DAVID KURIA WAIYAKI vs REPUBLIC [1998] KEHC 286 (KLR)

✦ The conviction is quashed and the appellant is set at liberty

MICHEL BAGARAGAZA vs NATIONAL CEREALS & PRODUCE BOARD [1998] KEHC 238 (KLR)

✦ The court dismissed the plaintiff's application for an injunction, finding that the plaintiff's affidavit was an unequivocal admission of liability and that the plaintiff had not shown a prima facie case with a probability of success.

RUTH MUTHOKI MUTISYA v EXPRESS (K) LIMITED & ANOTHER [1998] KEHC 79 (KLR)

✦ The application to strike out the plaint is dismissed with costs.

MORGAN MWTTA v CO-OPERATIVE INSURANCE SERVICES LTD [1998] KEHC 87 (KLR)

✦ Summary judgment in favor of the defendant

SAMUEL KAMAU MACHARIA vs DAVID WAKAIRU MURATHE & ANOTHER [1998] KEHC 123 (KLR)

✦ The High Court has jurisdiction to preside over and adjudicate upon the present proceedings.

Macharia v Murathe & another (Election Petition 21 of 1998) [1998] KEHC 295 (KLR) (Election Petitions) (19 August 1998) (Ruling)

✦ The High Court has jurisdiction to hear the petition.

Kamau Kibunja v Attorney General & 12 others [1998] KEHC 299 (KLR)

✦ The application is dismissed as the applicant has not proved a prima facie case with a probability of success.

RUAHA CONCRETE COMPANY LTD vs MONAREH INSURANCE CO. LTD [1998] KEHC 283 (KLR)

✦ The suit is hereby dismissed with costs for want of prosecution.

CONSUMER HIRE PURCHASE LTD vs ELIZABETH WAITHIRA KAMUYU [1998] KEHC 121 (KLR)

✦ The application for a stay of execution is granted.

MACWATT ESTATES LTD vs MBWANJI LIMITED [1998] KEHC 210 (KLR)

✦ The court dismisses the plaintiff's suit due to the statute of limitations and the lack of consent from the Land Control Board.

CONSUMER HIRE PURCHASE LTD vs ELIZABETH WAITHIRA KAMUYU [1998] KEHC 197 (KLR)

✦ The application for a stay of execution is granted.

RAMCO INVESTMENT LTD vs RAJU ESTATE AGENCY LTD [1998] KEHC 188 (KLR)

✦ The defendant's application is granted, and the defendant shall pay the costs of the application.

KIBUCHO LIMITED vs NAIROBI CITY COUNCIL & ANOTHER [1998] KEHC 294 (KLR)

✦ The court overruled the preliminary points and ordered the application to be argued on merit.

JACKSON MATHI KAITHULA vs THE KENYA NATIONAL EXAMINATION COUNCIL [1998] KEHC 198 (KLR)

✦ The court orders that the defendant shall pay interest to the plaintiff at the rate of 14% from the date of filing the suit up to payment in full, notwithstanding that it was not pleaded.

CHARLES MBUGUA NJUGUNA vs JULIAS NGARACHU KARANJA [1998] KEHC 257 (KLR)

✦ The court dismisses the appellant's application for an injunction with costs.