Kenyan case law

Chelaite v Njuki & 2 others (No 2) (2008) 2 KLR (EP) 132 [1998] KEHC 297 (KLR)

Abdi v Adawa & 2 others (2008) 2 KLR (EP) 153 [1998] KEHC 301 (KLR)

JOHN WANJALA MWASEME vs KENYA SCIENTIFIC RESEARCH INTERNATIONAL TECHNICAL AND ALLIED INSTITUTIONS WORKERS UNION & ANOTHER [1998] KEHC 181 (KLR)

✦ The application succeeds, and the second respondent shall pay the costs of the application to the applicant.

Robert Makali Kithome & another v Julius James Maluva [1998] KEHC 99 (KLR)

✦ The appeal is allowed. The judgement of the trial magistrate is hereby set aside, the consequential orders of injunction issued are hereby vacated. The Respondent is to pay the Appellants costs.

In Re THE ESTATE OF MBUGUA MUTHUKIA (DECEASED) [1998] KEHC 38 (KLR)

✦ The award is set aside as a nullity due to the influence of the respondents and lack of certainty.

KENYA RE INSURANCE CORPORATION vs TOM OKELLO OBONDO [1998] KEHC 276 (KLR)

✦ The application is allowed, bail is reinstated, and the criminal case is stayed until the application is heard and determined.

CYRUS NYAGA KABUTE vs THE ATTORNEY GENERAL [1998] KEHC 130 (KLR)

✦ The application is allowed, bail is reinstated on similar terms, and proceedings in Criminal Case No. 406 of 1994 are stayed until Application No. 46 of 1998 is heard and determined.

MWINYI SULEIMAN SAKWA vs REPUBLIC [1998] KEHC 159 (KLR)

✦ The conviction and sentence are set aside due to insufficient evidence and improper investigation.

MONICA WAMAITHA WAMANA vs WAMANA MBURI WANGAI [1998] KEHC 281 (KLR)

✦ The appeal is allowed, and a retrial is ordered before another magistrate of competent jurisdiction.

Ahmed Rashid Jibril v East African Television Network Ltd & 6 others [1998] KEHC 183 (KLR)

✦ The court held that the plaintiff was not aware of the sale and that the defendants acted improperly by not informing him.

NAFTALI BIRURI MWANGI vs REPUBLIC [1998] KEHC 205 (KLR)

✦ Appeal against conviction and sentence dismissed

RENGUTI GIKAMBURA HOTEL LTD vs HARUN GATOBO NJUGUNA [1998] KEHC 199 (KLR)

✦ The application is dismissed with costs.

FRANCIS OPIYO NG'ONGA vs HOUSING FINANCE CO. KENYA LTD. (? 283 of 1997) [1998] KEHC 178 (KLR) (5 June 1998)

✦ The court granted the injunction on the grounds that the power of sale did not arise ab initio and the applicant has made out a prima facie case with probability of success.

J.G.K v G.K.T [1998] KEHC 164 (KLR)

✦ The marriage is dissolved, and custody of the children is given to the petitioner. The respondent is granted access to the children.

PAUL ADWAR vs GIDEON KAUNGA [1998] KEHC 261 (KLR)

✦ The appeal is dismissed with costs due to its incompetence

JOSEPH KAROBIA KIMANI vs REPUBLIC OF KENYA [1998] KEHC 277 (KLR)

✦ The application is allowed, and the applicant's bail is reinstated on similar terms as granted earlier

BEATRICE MBURIREH & ANOTHER v RACHEL DAWAI & ANOTHER [1998] KEHC 98 (KLR)

✦ The court grants an injunction restraining the defendants from handling the partnership's financial affairs and directs that the accounts be run solely by Beatrice Mburire and Rachael Dawai.

M/S CHEPTEGEN AUCTIONEERS vs JELLA CHUMA OMARI [1998] KEHC 259 (KLR)

✦ The court dismissed the appeal and upheld the learned trial magistrate's ruling of Kshs. 5,000.

JOSECK MUITUNGU vs EPHANTUS MWANGI [1998] KEHC 255 (KLR)

✦ the proceedings before the learned trial magistrate were a nullity and the respondent shall pay the costs of this appeal to the appellant together with costs in the lower court

PETER KABATHA KIARA vs REPUBLIC [1998] KEHC 144 (KLR)

✦ The conviction is quashed and the sentence set aside.

MBAIKA MAKAU KALIMA AND ANOTHER vs STALLION INSURANCE COMPANY LTD [1998] KEHC 216 (KLR)

✦ The application fails and is dismissed with costs.

IN THE MATTER OF AN APPLICATION BY THE OWNERS OF MOTOR VESSEL "GLOBE YOUR" [1998] KEHC 32 (KLR)

✦ The preliminary objection is sustained, and the Notice of Motion is struck out.

AGNES WANJIKU MBUGUA vs JAMES MBUGUA MACHARIA [1998] KEHC 247 (KLR)

✦ The application must fail and is hereby dismissed with costs.

AGNES WANJIKU MBUGUA v JAMES MBUGUA MACHARIA [1998] KEHC 115 (KLR)

✦ The application must fail, and the same is hereby dismissed with costs.

REPUBLIC v DAWSON NDALAYA [1998] KEHC 56 (KLR)

✦ The court found the prosecution did not prove the accused's guilt beyond reasonable doubt and acquitted him.