Kenyan case law

KABUITO CONTRACTORS LIMITED v KARURI CIVIL ENGINEERING (K) LIMITED [2005] KEHC 168 (KLR)

✦ Judgment entered in favor of the plaintiff for kshs 2, 569, 600 plus costs and interest, with the balance of the plaintiff's claim of kshs 180, 000 to be tried.

Mega Fries Ltd v Mukesh Kumar Velji Savla & 3 others [2005] KEHC 2876 (KLR)

✦ The applicant is not bound by the terms of the old tenancy and the tenancy is not controlled, thus the applicant is not protected under the Act. The notice of termination given by the respondent is void and has no legal effect.

Kenneth Koome v Republic (Criminal Appeal 155 of 2003) [2005] KEHC 1967 (KLR) (3 May 2005)

✦ The conviction and sentence are upheld

Eldoret Steel Mills Limited v Gilbert Nganyi Nehemiah [2005] KEHC 2697 (KLR)

✦ The appeal is dismissed, and the decision of the learned magistrate is upheld. The appellant is found 100% liable in negligence, and the respondent is awarded Kshs.200,000/= in general damages.

Kenneth Koome v Republic [2005] KEHC 3227 (KLR)

✦ The conviction and sentence are upheld

Addah Kisai Wakesho v Stanley Wamwandu Mwawasi [2005] KEHC 2194 (KLR)

✦ The Court allowed the Defendant's Application for payment of the decretal amount in instalments due to his financial constraints.

Josiah Abobo t/a Josiah Abobo & Co. Advocates v Kenya Commercial Bank Ltd & 2 others [2005] KEHC 3173 (KLR)

Moses Irungu Mutia v Republic [2005] KEHC 2651 (KLR)

✦ The application for bail pending appeal is dismissed for lack of merit

Pius Kinuthia Njuguna v John Musembi & another (Civil Case 1616 of 1992) [2005] KEHC 2737 (KLR) (29 April 2005)

✦ The court dismisses the application for review as the failure to award interest is not an error of fact and the delay in filing the application is not justified.

Cephas Kimani Kihara & 2 others v Pithon Mwangi Njoroge & 7 others [2005] KEHC 2679 (KLR)

✦ Application dismissed with costs to respondents

Mulusiah Land Consultants & another v Industrial Development Bank Ltd & 2 others [2005] KEHC 2665 (KLR)

✦ The Plaint Affidavits are null and void due to lack of proper dating, and the Plaint is struck out.

MOHAMED ADEN ABDI V ABDI N. OMAR & ALI MOHAMED HAJI T/A DELTA HAULAGE SERVICES (Civil Case 304 of 1999) [2005] KEHC 472 (KLR) (29 April 2005)

✦ The plaintiff's case is proven, and the defendants are held liable for the injuries. The court awards special damages of KSh.367,005/= and general damages of KSh.550,000/=

P.S. Bhangra v Austin Kitololo T/A Kitololo Consultants [2005] KEHC 2193 (KLR)

✦ The Court held that the sum claimed by the Plaintiff is not a personal loan but was received on behalf of Kitololo Consultants for services rendered.

MICHAEL ODHIAMBO v REPUBLIC [2005] KEHC 3215 (KLR)

✦ The conviction is quashed and the sentence set aside

Lake Drycleaners Limited v Industrial & Commercial Development Corporation [2005] KEHC 2661 (KLR)

✦ The plaintiff's application is dismissed with costs to the defendant.

Alliance Media Kenya Ltd v World Duty Free Company Complex Ltd t/a Kenya Duty Free Complex [2005] KEHC 2492 (KLR)

✦ The court granted the application for a stay of the order dismissing the plaintiff's application for an injunction and restrained the defendant from presenting winding up proceedings against the plaintiff.

Republic v Collins Katore Kilel & 2 others [2005] KEHC 439 (KLR)

✦ The court finds the prosecution failed to prove the charge of murder against all three accused and acquits them.

Kalolre Masenke Ole Sekut & 158 Others v The Registered Representatives of Olkinyei Group Ranch [2005] KEHC 2802 (KLR)

✦ The application is granted as prayed until the hearing and determination of this suit.

Standard Chartered Bank Kenya Ltd v Ali Noor Abdi & 2 others [2005] KEHC 2572 (KLR)

✦ The court order is reviewed, and the defendants are restrained from removing the payment of Sh.20,000,000 made to the first defendant.

Wilson Keya Nyonyi & another v Republic [2005] KEHC 90 (KLR)

✦ The convictions and sentences are quashed and the appellants are released and set free.

Ndwiga Njue Mwachandi & another v Charles Mungai Ng’ang’a & another [2005] KEHC 2523 (KLR)

✦ The preliminary objection is dismissed with costs to the plaintiffs/applicants in the main application.

Lucas Kabobia Njuguna v Consolata Bank of Kenya Ltd [2005] KEHC 2680 (KLR)

✦ The application is dismissed

A Jiwa Shamji Ltd v Alfayo Ngeresa Mabera [2005] KEHC 2556 (KLR)

✦ The application is granted, and the case is transferred to Kisii Senior Principal Court for hearing and disposal

Mayfair Services & Investments Ltd v Hotel Sirikwa Hotel [2005] KEHC 2634 (KLR)

✦ The application for attachment is dismissed as Sirikwa has already paid over Kshs.63 million in rent arrears and continues to pay accruing rent. The amendment to the counterclaim in the Eldoret case is allowed.

Dorothy Mwihaki Kioi v Peter Kioi Karanja [2005] KEHC 2652 (KLR)

✦ The court grants an order to dissolve the marriage between the petitioner and respondent.