Kenyan case law

Erick Mwangi Gatimu v Republic [2005] KEHC 2122 (KLR)

✦ The conviction was proper and the sentence was not manifestly excessive.

Raphael Ngari Wamae v Republic [2005] KEHC 2293 (KLR)

✦ The appeal is allowed, conviction quashed, and sentence set aside

Raphael Ngari Wamae v Republic [2005] KEHC 2133 (KLR)

✦ The appeal is allowed, the conviction is quashed, and the sentence is set aside.

Anooj Shah & 2 others v Mary Muhonjia Karerera [2005] KEHC 2108 (KLR)

✦ The appeal is dismissed with costs to the respondent due to the record being thin and vital information left out.

Degowdagane Nunow v Republic [2005] KEHC 2129 (KLR)

✦ The convictions and sentences are confirmed, with the concurrent prison sentences on counts II and III suspended pending the execution of the death sentence for robbery with violence.

In Re the Estate of Joyce Wangui Kabuga (Deceased)) [2005] KEHC 398 (KLR)

✦ The grant of letters of administration ad colligenda bona was nullified due to fraud and misrepresentation.

Margaret Wanjiku Kamau v John Njoroge Gathuru; Municipal Council of Nakuru (Civil Case 316 of 1998) [2005] KEHC 1193 (KLR) (28 June 2005)

✦ Plaintiff's claim for a perpetual injunction and declaration is upheld. The second defendant is ordered to refund all payments made on the disputed plot after 17th July, 1997.

Rage Mohammed Ali v Abdullahim Maasai [2005] KEHC 2027 (KLR)

✦ The court dismissed the appeal, finding that the lower court had correctly determined that it lacked jurisdiction to hear the case as the cause of action arose in Uganda.

Dominic Musila Etimbo v Republic [2005] KEHC 2150 (KLR)

✦ The appeal is dismissed in its entirety.

Joseph Mbugua Gichanga v Co-operative of Kenya Ltd [2005] KEHC 1576 (KLR)

✦ The court grants the injunction with costs to the plaintiff.

Dominic Musila Etimbo v Republic [2005] KEHC 3262 (KLR)

✦ The appeal is dismissed in its entirety.

Aberdare Cheese Factory Ltd & another v Oriental Commercial Bank [2005] KEHC 899 (KLR)

✦ The interlocutory judgment in favor of the defendant on the counterclaim is set aside.

K-REP BANK LTD V FRANCIS NGIGE NYOKE & 2 OTHERS [2005] KEHC 700 (KLR)

✦ The Preliminary Objection is dismissed with costs to the Plaintiff.

Republic v Wandangi Chege Mwangi & another [2005] KEHC 1968 (KLR)

✦ The court found the accused guilty of murder and put them on their defence.

Samuel Wekesa Ndinyo v Republic [2005] KEHC 1908 (KLR)

✦ The conviction and sentence are quashed

M. S. Bawazir (1993) Limited v Zahir Manji & 2 others [2005] KEHC 2277 (KLR)

✦ The court finds that the plaintiff's claim for transport charges is not supported by evidence and dismisses it. The court also finds that the defendants paid Sh. 1,100,000 and returned goods worth Sh. 689,500, leaving a balance of Sh. 371,000.

Reuben Kakai Kalombo v Republic [2005] KEHC 1991 (KLR)

✦ The appeal is dismissed. The sentence of 5 years imprisonment is not harsh nor excessive. The trial magistrate's global sentence is corrected by setting aside the sentence of 5 years and substituting with a sentence of 5 years imprisonment each under sections 304 (2) and 279 (b) of the Penal Code, to run concurrently.

Henry Rung’uno Chemboiwo v Wilfred Chemolo Chepkurgat & 2 others [2005] KEHC 1515 (KLR)

Kaptagat Saw Mills v Jackson Malalu Birir [2005] KEHC 2272 (KLR)

✦ The court extends the period for the Appellants to have the appeal heard until August 31, 2005

Lila Vadgama v Mansukhlal Shantilal Patel [2005] KEHC 2334 (KLR)

✦ The application is dismissed as it exceeds the legitimate gravamen of the plaintiff's case.

Peter Ng’ang’a Muiruri v Credit Bank (K) Ltd [2005] KEHC 2345 (KLR)

✦ Directions can be given by the Chief Justice who is now seized of the constitutional matter and is due to mention it again on 25th July, 2005

Elijah Simiyu Murenga v Nicholas M. Shisundi [2005] KEHC 1805 (KLR)

Charles J O Omwodo v Amina Shakib [2005] KEHC 1438 (KLR)

✦ The application is dismissed with no order as to costs since the Respondent did not appear.

Samir Mohamed Abdo & 2 others v Abdikadir Sheikh Nur [2005] KEHC 2346 (KLR)

✦ The plaintiffs/respondents shall set down their suit in HCCC No. 92 of 2001 for hearing within 30 days of the date hereof, or the defendant/applicant shall make a suitable application.

Adan Keynan Wehliye v Republic [2005] KEHC 2348 (KLR)

✦ The nolle prosequi is declared invalid, null and void, and the prosecution is ordered to proceed with the case.