Kenyan case law

National Bank of Kenya Ltd v Hassan Ibrahim Duale [2000] KEHC 459 (KLR)

✦ The application is dismissed with costs.

JOSEPH KIMANI MUGAYA vs JOHN KIBAGIO NJIRU & 2 OTHERS [2000] KEHC 163 (KLR)

✦ General damages for loss of dependency is awarded at 5,000 x 15 x 12 = Shs.900,000

MARGARET MUTHONI KARIUKI vs REPUBLIC [2000] KEHC 246 (KLR)

✦ The appeal is transferred to High Court, Nyeri.

ISAAC KAMAU IRINGU v REPUBLIC [2000] KEHC 234 (KLR)

✦ The appellant was properly convicted as a principal to the robbery committed at the bank.

KIRINYAGA AFRICAN RUBBER LTD v GERALD GIKONYO [2000] KEHC 366 (KLR)

In Re: ISMAEL JUMA CHELANG’A (DECEASED) [2000] KEHC 408 (KLR)

✦ Application for stay of execution dismissed. Leave to appeal granted.

JUMA SHABAN NDEMA vs REPUBLIC [2000] KEHC 223 (KLR)

✦ The sentence is reduced to the period already served by the appellant and he is discharged from prison.

REPUBLIC v CHIEF MAGISTRATE,NAIROBI Ex Parte PETER MWANGI GATHIMBA [2000] KEHC 106 (KLR)

✦ The application does not require more than one judge to determine and the Chief Justice will determine whether the application requires more than one judge to determine.

Payless Car Hire & Tours Limited v Julius Njuguna Ngoroge & Another [2000] KEHC 405 (KLR)

✦ The application is dismissed with costs

DAVID MANYARA NJUKI V AFRAHA EDUCATIONAL SOCIETY & 3 OTHERS [2000] KEHC 58 (KLR)

✦ The application to withdraw the suit is dismissed with no order as to costs.

Irene Ngombo Mshingo v Miriam Kadogo [2000] KEHC 533 (KLR)

✦ The court dismissed the appeal and upheld the consent judgment

Nicodemus Kebaso v Chairman of the Board of Governors Matongo Lutheran Theological College (Civil Case 28 of 1998) [2000] KEHC 531 (KLR) (25 August 2000) (Ruling)

✦ The graduation ceremony scheduled for 29/8/00 is ordered to proceed as scheduled, but the plaintiff's name should be deleted from the list of graduands. A mandatory order is issued to restrain the defendants from including the plaintiff's name under either the Pastoral Training Course General Certificate or Diploma in Theology Certificate until the matter is ruled on.

BANK OF BARODA V KENYA RE-CLAIMED RUBBER (1985) & 4 OTHERS [2000] KEHC 481 (KLR)

✦ Judgment in favor of the plaintiff for overdue interest, default interest, and interest on the decretal sum at court rates

SOUTHERN CREDIT ANKING CORP. LIMITED V SHAH MOTORS LIMITED & 3 OTHERS [2000] KEHC 141 (KLR)

✦ The 4th defendant is liable to the plaintiff in the sums claimed in the plaint and the judgment is in favor of the plaintiff with costs and interest.

CAMMERT HUBERT T/A WORLD CLOTHES & ANOTHER V ELIZABETH A OKECH [2000] KEHC 454 (KLR)

✦ Application dismissed with costs

LOISE NJOROGE & ANOTHER V KENETH PAVEY & 2 OTHERS [2000] KEHC 511 (KLR)

✦ The Land Control Board acted ultra vires the Land Control Act in giving the consent and that the consent so given is a nullity in law. The first prayer in the application succeeds.

Baya v Republic [2000] KEHC 556 (KLR)

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

ERIC PETER WANJAU V GEORGE MUNDET [2000] KEHC 495 (KLR)

✦ The application is allowed in terms of Prayer (2) & (3). The court allows the application to vacate the Award and orders the respondent to be restrained from dealing with the property.

REPUBLIC V DAVID WANDERI WANYAGA [2000] KEHC 218 (KLR)

✦ The court finds the accused not guilty of murder and acquits him.

MV Barbara & another v MV Joey & another [2000] KEHC 528 (KLR)

✦ The court finds that the plaintiff is entitled to pursue the towage claims and dismisses the application with costs.

Commercial Bank of Africa Limited and Kenya Medical Women’s & Another [2000] KEHC 400 (KLR)

✦ The funds are the property of SIDA and NORAD and shall be used for post-congress activities as authorized by the donors. The costs of the proceedings will be paid out of the monies in the account, and each respondent will bear their own costs.

RAJAY SINGH & ANOTHER V RAVI AMIN [2000] KEHC 484 (KLR)

✦ Summary judgment for the plaintiff for Kshs 1.5 million

John Njoroge Warui v Universal Bank Ltd [2000] KEHC 403 (KLR)

✦ The application is dismissed with costs.

NATIONAL INDUSTRIAL CREDIT BANK LTD v BANKSONS EXPRESS & 2 OTHERS [2000] KEHC 486 (KLR)

✦ The court allows the application, strikes out the defence, and enters judgment in favor of the plaintiff.

PACLAIRE LIMITED v KENYA INDUSTRIAL ESTATES & ANOTHER [2000] KEHC 472 (KLR)

✦ The application is allowed as prayed