Kenyan case law
-
Postal Corporation of Kenya v Donald Kipkorir & 3 others [2005] KEHC 2337 (KLR)
✦ The court allowed the originating summons and granted prayer No. 1 thereof, ordering the advocates to pay the Plaintiff the sum of Kshs.16,007,739/50 within 14 days from the determination of the originating summons.
-
Joseph Rading Wasambo v Standard Limited [2005] KEHC 2219 (KLR)
✦ The court found that the statements were defamatory and that the defendant acted with malice.
-
Daniel Maina Kagotho & 2 others v Republic [2005] KEHC 1366 (KLR)
✦ Convictions of 2nd and 3rd Appellants for Robbery are quashed and sentences set aside. Conviction of 1st Appellant for Robbery is upheld. Sentence of 3rd Appellant for resisting arrest and disorderly conduct in a police building are quashed. Sentence of 3rd Appellant for refusing to permit fingerprinting is set aside. Sentence of 1st Appellant is confirmed.
-
Kenfit Limited v Consolata Fathers [2005] KEHC 1220 (KLR)
✦ The application is dismissed as premature and the issue of costs has not been determined by the arbitrator.
-
Nganga Kamau v Patrice Kiiru [2005] KEHC 2274 (KLR)
✦ The appeal is dismissed with costs, and the judgment of the tribunal is upheld.
-
Rosemary Bunny v Gichuru Kamotho (Civil Suit 370 of 1994) [2005] KEHC 2196 (KLR) (17 June 2005) (Ruling)
✦ The court denied the application to revive the suit.
-
Joseph Mutuku Wambua & another v Republic [2005] KEHC 2259 (KLR)
✦ The court declines to accede to the application to revise the orders of the learned senior Resident Magistrate due to the vague and ambiguous nature of the order for mention and the lack of evidence regarding the filing of the main application.
-
Prima Limited v East Africa Building Society & 2 others [2005] KEHC 1337 (KLR)
✦ The Preliminary Objection is hereby overruled and dismissed. The suit must proceed to hearing without any adjournments being sought.
-
Republic v Gregory Machanja Wamere [2005] KEHC 1892 (KLR)
✦ The appeal is dismissed. The Respondent was not guilty of any of the three counts.
-
M. A. Bayusuf & Sons Ltd v Reliable Freight Services Ltd [2005] KEHC 2248 (KLR)
✦ The defendant's objection to the plaintiff's further list of documents is dismissed with costs to the plaintiff.
-
NATIONAL INDUSTRIAL CREDIT BANK LTD & another v MOHAMED ZAFAR NIAZ & another [2005] KEHC 2397 (KLR)
✦ The restraining order is reviewed and removed, and the applicant is joined as a defendant in the suit.
-
Khan & Katiku Advocate v Central Electrical International Ltd [2005] KEHC 2485 (KLR)
✦ The court directs that the issue of the extent of the advocate's instructions be first canvassed before and be decided by the court. Thereafter, the taxation may proceed before the taxing officer with appropriate directions of the court regarding instruction fees.
-
Edward Maina Njanga t/a Maina Njanga & Co. Advocates v National Bank of Kenya Ltd (Civil Suit 180 20 of 2004) [2005] KEHC 2211 (KLR) (17 June 2005) (Ruling)
✦ The court grants the plaintiff's notice of motion for summary judgment and orders the defendant to pay the sum certified in the costs certificates.
-
Econet Wireless Kenya Limited v Minister for Information & Communication of Kenya & another [2005] KEHC 3180 (KLR)
✦ The application by the 2nd Respondent must be heard first, thus before that of committal.
-
M. B. Limited v Kenya Ports Authority [2005] KEHC 1851 (KLR)
✦ The court finds the plaintiff entitled to the value of the goods lost, which is KSh.166,586.
-
JULIUS ORENGE t/a ROA OTIENO & COMPANY ADVOCATES V THE STANDARD LIMITED & ALPHONCE MUNG’AHU (Civil Case 918 of 2003) [2005] KEHC 551 (KLR) (Civ) (17 June 2005) (Judgment)
✦ The court finds the publication defamatory and awards Shs.2,500,000 in total damages (Shs.2,000,000 for general damages and Shs.500,000 for aggravated, punitive, and exemplary damages).
-
Antonet Omedo Nyando v Republic [2005] KEHC 1904 (KLR)
✦ The conviction is upheld, but the sentence is reduced from 21 years to 15 years imprisonment with hard labour.
-
Lucy Wanjiru Njunge & 2 others v Job Mwangi Macharia & 9 others [2005] KEHC 1451 (KLR)
✦ The plaintiffs' suit is struck out with costs to the 1st, 5th and 10th defendants
-
Republic v Foster Isabwa Ambenge [2005] KEHC 1972 (KLR)
✦ The accused is sentenced to 15 years imprisonment for manslaughter.
-
Mohammed Abwalo Dunya v Republic [2005] KEHC 2275 (KLR)
✦ The appeal is dismissed. The sentence for the first count is set aside and the appellant is ordered to pay a fine of Kshs 9,081,000 and serve ten years imprisonment. The sentence for the second count remains as ordered.
-
D.S.H v S.P.K.B [2005] KEHC 2136 (KLR)
✦ The court grants the petitioner his petition for divorce and issues a Decree Nisi, declaring the marriage dissolved and granting the petitioner custody of the child.
-
Bernard Kipkorir v Republic [2005] KEHC 2283 (KLR)
✦ The conviction and sentence are confirmed. The appeal is dismissed.
-
Rajab Mohamed Suliman v Burhan Marjani [2005] KEHC 1740 (KLR)
✦ The court does not think this is a case where it should exercise its discretion to set aside the ex-parte judgment herein and dismisses the application with costs to the Respondent.
-
John Maskana Masamba v Toya Juma Lukoba [2005] KEHC 1570 (KLR)
✦ The suit has abated due to the Plaintiff's death and the lack of an application for the legal representative of the estate to be made a party.
-
ROBERT OMUMU OKANG’A v ISAIAH INDETIES OJIANGU [2005] KEHC 351 (KLR)
✦ The Plaintiff's claims are dismissed with no order as to costs.