Kenyan case law

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

✦ The application for a stay of execution is granted.

ALFRIC KIPTOO BIRGEN v REPUBLIC [1998] KEHC 290 (KLR)

✦ No criminal offence was committed by the appellant, conviction and sentence are quashed

ALFRIC KIPTOO BIRGEN vs REPUBLIC [1998] KEHC 148 (KLR)

✦ No criminal offence was committed by the appellant

SENATOR CARDS LIMITED vs ACCROW CONTRACTORS LIMITED [1998] KEHC 239 (KLR)

✦ The court finds no triable issues and enters summary judgment in favor of the plaintiff.

Macharia v Electoral Commission of Kenya & 3 others (2008) 2 KLR (EP) 167 [1998] KEHC 306 (KLR)

Samuel Kamau Macharia v Electoral Commission of Kenya & 3 others [1998] KEHC 1 (KLR)

✦ The petition is dismissed or struck out against the second respondent and the fourth respondent.

Kiliku v Mwamodo & 2 others (2008) 2 KLR (EP) 175 [1998] KEHC 302 (KLR)

PETER KAMENYA KAMAU vs REPUBLIC [1998] KEHC 141 (KLR)

✦ The conviction and sentence are upheld

FRANCIS MWANGI vs SIMON K. WAIHWA [1998] KEHC 244 (KLR)

MARGARET WANJIRU NJUGUNA v MURIUKI MBURU t/a HEKO BAR AND RESTAURANT & ANOTHER [1998] KEHC 35 (KLR)

✦ The application is dismissed as there was no mutual concession or definite consent or agreement reached and recorded.

MARGARET WANJIRU NJUGUNA v MURIUKI MBURU t/a HEKO BAR AND RESTAURANT & ANOTHER [1998] KEHC 80 (KLR)

✦ Decline to grant the orders sought and dismiss the application with costs

ANNAH NZILANI NZUKI vs REPUBLIC [1998] KEHC 147 (KLR)

✦ The conviction for obtaining money by false pretenses is set aside, and the appellant is set at liberty

MARY MUTHONI WAITHAKA vs REPUBLIC [1998] KEHC 153 (KLR)

✦ The appeal is allowed, the conviction is quashed, and the appellant is set at liberty.

DANDORA HOUSING SCHEMES LIMITED vs CITY COUNCIL OF NAIROBI [1998] KEHC 206 (KLR)

✦ The court ruled that it will not be proper to record a consent order in the terms proposed in the consent letter dated 26th June 1998 due to inconsistencies and other reasons.

KISIANG’ANI TULIENGE & 2 OTHERS v PAUL WAFULA & 2 OTHERS [1998] KEHC 97 (KLR)

✦ The judgment is set aside and the matter is ordered to be heard de novo by another judge in Bungoma High Court.

MARTIN MIYAWA & 20 OTHERS vs ROBIN MUNYUA KIMOTHO & 3 OTHERS [1998] KEHC 222 (KLR)

✦ The first defendant's application must succeed, and the plaintiffs' claims against the first defendant are hereby struck out and dismissed with costs.

OGUTU ONYANGO vs KENYA PORTS AUTHORITY [1998] KEHC 175 (KLR)

✦ The court held that the plaintiff is not entitled to reinstatement but can seek damages for wrongful termination.

MICHAEL NJENGA KIMANI vs STEPHEN NJOROGE KARIUKI & ANOTHER [1998] KEHC 196 (KLR)

✦ The court finds that the accident was caused by the negligence of the first defendant and holds the second defendant liable for vicarious liability.

N W vs M M [1998] KEHC 256 (KLR)

✦ The learned trial magistrate's orders are set aside.

Ntwiga v Musyoka & 3 others (2008) 2 KLR (EP) 157 [1998] KEHC 308 (KLR)

Munge v Agricultural Finance Corporation Ltd [1998] KEHC 107 (KLR)

✦ The court awards Kshs. 228,750/= in total compensation for the plaintiff, including daily earnings, shelling maize, and the fall in value of the tractor.

EDWIN ONG’AMO MAHOA vs REPUBLIC [1998] KEHC 145 (KLR)

✦ The appeal is allowed, and the sentence is reduced to the period already served. The appellant is ordered to be set at liberty forthwith unless held for any other lawful cause.

CHARLES GATHENYA MUIRURI vs REPUBLIC [1998] KEHC 143 (KLR)

✦ The appeal against sentence is dismissed.

D.T. DOBIE (K) LTD vs ADEN AHMED [1998] KEHC 258 (KLR)

✦ The appeal is allowed, and the respondent's suit in the lower court is dismissed with costs. The appellant shall also have the costs of this appeal.

BEATRICE WANJA MBURU & 4 OTHERS vs SAMUEL MBURU KIMANI [1998] KEHC 215 (KLR)

✦ The application for an injunction to preserve the land until the determination of the suit is allowed.