Kenyan case law

Sea Star Malindi Ltd v Kenya Wildlife Services & 2 others (Miscellaneous Civil Suit 982 of 1997) [2002] KEHC 1154 (KLR) (Civ) (8 November 2002) (Judgment)

✦ The court dismissed the application and upheld the decision of the Respondents.

FIDELITY COMMERCIAL BANK LIMITED v WORLDIN TOURS & TRAVEL LIMITED & another [2002] KEHC 35 (KLR)

✦ The judgment is set aside

Busienei v Transnational Bank (K) Ltd [2002] KEHC 1116 (KLR)

DAVID MACHARIA vs REPUBLIC [2002] KEHC 469 (KLR)

✦ The convictions and sentences are upheld.

PETER MUTURI SYENGO vs REPUBLIC [2002] KEHC 932 (KLR)

✦ The sentence imposed by the Resident Magistrate's Court is reduced to 2 years and the appellant is set at liberty unless lawfully held.

MARGARET NJERI NJOGU vs GEORGE MUNIU MUNGAI [2002] KEHC 274 (KLR)

✦ Application dismissed

A D W vs G D W T [2002] KEHC 316 (KLR)

✦ Order for judicial separation granted

ABDALLA HASSAN ALI,P.C. MOHAMMED MOHAMMED RAGE,P.C. GEORGE MUTISO MUTUTHIU,AHMED ADEN ALI & FATUMA RUNOUR RABAI Vs REPUBLIC [2002] KEHC 324 (KLR)

✦ The Court found that the prosecution had made out a prima facie case against the accused persons jointly.

JAMES OUMA MUTUKU vs REPUBLIC [2002] KEHC 404 (KLR)

✦ Convictions are unsafe and are quashed

REPUBLIC vs JOHN MWAURA AND 4 OTHERS [2002] KEHC 322 (KLR)

✦ No proceedings by way of revision can be entertained by virtue of section 364(5) of the Criminal Procedure Code. The application for review is therefore dismissed.

MARGARET NJERI NJOGU vs GERGE MUNIU MUNGAI [2002] KEHC 106 (KLR)

✦ Application dismissed for the reasons that the applicant is behaving unreasonably, the amended certificate of confirmation of grant has not been issued, the application is not based on any grounds specified in Rule 44(1) of the Civil Procedure Rules, and the Registrar has no authority to exercise the powers of the Executor or Administrator.

JOHNSON ABOK OLUM …. vs - REPUBLIC [2002] KEHC 424 (KLR)

✦ The conviction was proper, and the sentence was reduced to one year imprisonment.

REPUBLIC V BENSON RWARO KARIUKI [2002] KEHC 38 (KLR)

✦ The accused is acquitted of murder and is set at liberty.

Ashok Morjaria v Kenya Batteries (1981) Ltd & 2 others [2002] KEHC 1172 (KLR)

✦ The application to strike out the defendants' defence is granted, and the plaintiff is awarded judgment.

Amin Mughal v Lakmer Techs Ltd [2002] KEHC 1153 (KLR)

✦ The plaintiff succeeds in his claim for damages for unlawful dismissal and for a refund of salary deductions towards the acquisition of equity in the defendant company. The claim for defamation has failed.

PAUL NDUMGU KARIUKI & 3 OTHERS vs TERESIAH WAITHERA WAINAINA [2002] KEHC 816 (KLR)

✦ The appeal is dismissed with costs, and the judgment of the Senior Principal Magistrate is upheld

PAMELA JESCA KIURA vs JACOB NJIRU RWARE [2002] KEHC 730 (KLR)

✦ The defendant's preliminary objection regarding the lack of authority by the next of friend to sue is allowed.

COUNCILLOR MUMBI NG`ARU & 10 OTHERS vs J. W. KANGETHE,THE TOWNCLERK THIKA MUNCIPAL COUNCIL [2002] KEHC 774 (KLR)

✦ The applicant is a necessary or proper party and the court orders him to be joined as a defendant.

EPHRAIM WAITHAKA RUITHA vs JOYCE MUKUHI NJENGA [2002] KEHC 827 (KLR)

✦ The ex-parte order is set aside, and the plaintiff is ordered to pay costs.

JAMES MUNGAI MWANGI vs REPUBLIC [2002] KEHC 435 (KLR)

✦ The appeal is allowed, and the sentence is reduced to the term already served.

JUMA BAKARI vs REPUBLIC [2002] KEHC 399 (KLR)

✦ Conviction and sentence quashed due to technicalities

JUMA BAKARI vs REPUBLIC [2002] KEHC 213 (KLR)

✦ Conviction and sentence quashed due to technicalities

M.M.M vs A.K.M [2002] KEHC 170 (KLR)

✦ The petitioner's petition is dismissed, and the respondent's cross petition is allowed. The marriage is dissolved on grounds of cruelty and desertion.

EBSON KIARIE vs FRANCIS MWANGI MBOTE [2002] KEHC 979 (KLR)

✦ The appeal is dismissed with costs, as the Acting Principal Magistrate's decision was based on valid evidence and prevailing circumstances.

LOISE NJERI MWAURA vs ANTONY LEVITAN SIR PETER JOHN SMITHSON HEWETT-CO-EXECUORS [2002] KEHC 107 (KLR)

✦ The protestant's grounds are not tenable, and the protest is dismissed. The grant of probate is confirmed.