Kenyan case law

In Re Estate of Fredrick Clavence Kittany [2002] KEHC 1163 (KLR)

✦ The court distributed the estate of the deceased as follows: Norah Tigoi, the mother of the deceased, receives NSSF benefits and an undeveloped plot. Rhoda Kittany and her children receive various properties and proceeds from the Chemoni Tea factory. Sally Kittany's children receive certain benefits and plots.

JOSEPH NGIGI KIMANI vs REPUBLIC [2002] KEHC 931 (KLR)

ROSE AUMA KHABEKO vs HENRY KHABEKO AMBETSA & ANOTHER [2002] KEHC 584 (KLR)

✦ The court declared that the house without land on Plot No. 2134 (Magongo Santana) was jointly owned by the plaintiff and the defendant, and that the purported sale of the house by the defendant to the other defendant was in breach of trust and fraudulent.

N N S vs S A M [2002] KEHC 312 (KLR)

✦ The High Court has unlimited jurisdiction to hear the matter

ANDREW WASHINGTON NJENGA v CO-OPERATIVE MERCHANT BANK LTD [2002] KEHC 18 (KLR)

✦ The application for an injunction is dismissed with costs.

ANTONY RITHO MWANGI,LAWRENCE WAMBUGU KARUGA,GICHUI NJOROGE CHAI,JOHN NJOROGE CHAI,DANIEL MUGO NGANGA,STEPHEN NDEGWA KAMANGU,STEPHEN NJOROGE KANIARU,PATRICK JOHN MAKAU vs ATTORNEY GENERAL [2002] KEHC 131 (KLR)

✦ The word 'a court' in section 123(8) of the Constitution includes the subordinate court.

Mwangi & 7 others v Attorney General [2002] KEHC 1184 (KLR)

JOSEPH WESONGA OUNDO vs RASHID MBARUK T/A TAWFIQ SERVICES [2002] KEHC 710 (KLR)

✦ The court finds the defendant liable for the accident and awards damages and compensation for the deceased's death and pain and suffering.

Intercom Services Ltd & 4 others v Standard Chartered Bank [2002] KEHC 1127 (KLR)

✦ There was no express or implied contractual understanding between the Bank and the plaintiffs regarding strict fiduciary mutuality and confidentiality.

Republic v Chief Magistrate’s Court at Mombasa Ex Parte Ganijee & another [2002] KEHC 1120 (KLR)

✦ The application for Prohibition is granted.

Ngoka v Madzomba [2002] KEHC 1126 (KLR)

✦ The appeal is allowed, the lower court judgment is set aside, and costs are awarded to the appellant.

BONIFACE WAGURA WANGOI vs REPUBLIC [2002] KEHC 408 (KLR)

✦ The conviction is quashed and the appellant is set free

REPUBLIC vs ALFRED MAVASI CHUPHI [2002] KEHC 337 (KLR)

✦ The two Police Officers are ordered to be arrested and produced before the court on 19.11.2002 to show cause why they should not be punished for disobeying lawful orders.

MARGARET BEATRICE MURIGI vs STEPHEN WAWERU NJENGA [2002] KEHC 882 (KLR)

✦ the appeal is incompetent and cannot be sustained due to lack of leave to appeal

Kenya Commercial Bank Ltd v Harunani [2002] KEHC 1208 (KLR)

PATRICK MUIRU GICHERU vs JOYCE WATHITHI GATARI & ANOTHER [2002] KEHC 165 (KLR)

✦ The application is dismissed with costs, and the suit is ordered to proceed for hearing with urgency.

MUSETO WOMEN GROUP vs JOHN KASALE MUTUNGU AND 3 OTHERS [2002] KEHC 625 (KLR)

✦ The court dismissed the application to amend the plaintiff's name, finding that the application was not a bonafide mistake and that the matter cannot be argued as a preliminary point.

CHARLES MUGAMBI M’BUTHIA vs ARUSHA EXPRESS COMPANY LIMITED [2002] KEHC 627 (KLR)

✦ The court directs that the matter be listed for hearing until the second defendant is duly served and has entered his defence.

ANTHONY MAINA MWANIKI vs MUNYARA ESTATE [2002] KEHC 832 (KLR)

✦ The appeal is allowed, the award of Kshs.10,000/= is set aside and enhanced to Kshs.60,000/= plus Kshs.6,635/=. Special damages, making a total of Kshs.66,635/= for which judgment is entered for the appellant.

A A v B S N G [2002] KEHC 288 (KLR)

✦ The application for custody and maintenance of the children is struck out.

PAUL WAIRURI MWANGI vs NJOGU MACHARIA [2002] KEHC 1053 (KLR)

✦ The appeal is dismissed

Paul Wairuri Mwangi vs Njogu Macharia [2002] KEHC 988 (KLR)

✦ The appeal is dismissed

MAINA MUIRURI WANGERU vs BENINA WAITHIRA KAMAU AND ANOTHER [2002] KEHC 1078 (KLR)

✦ The court upheld the award of customary compensation of 20 goats and 6 rams as decided by the elders and the 1st class magistrate.

Bahati Temo & 6 others v Swaleh Mohamed Swaleh [2002] KEHC 1173 (KLR)

✦ The Plaintiffs have not acquired an interest in adverse possession, and the Defendant's registration of the land as his own does not affect the Plaintiffs' interest.

PHYLIS WANGARI KIRAGU vs HENRY GITHINJI,SAMUEL M. NYINGI,BENJAMIN IRERI JAMES [2002] KEHC 915 (KLR)

✦ The court finds that the Administrator's claims are not substantiated and that the applicant is the deceased's wife and mother of his daughters.