Kenyan case law

Chelaite v Njuki & 2 others (2008) 2 KLR (EP) 103 [1998] KEHC 300 (KLR)

SHABANA SUPERMARKET LTD vs GLAD - ALL FINANCE LTD & 3 OTHERS [1998] KEHC 263 (KLR)

✦ The application for injunction orders is dismissed.

MARY WANJIKU GICHIRA v REPUBLIC [1998] KEHC 59 (KLR)

✦ The accused is found guilty of murder and sentenced to death.

SABINA OYATSI vs BATA SHOE COMPANY (KENYA) LIMITED [1998] KEHC 249 (KLR)

✦ The court allows the appeal and orders the defendant to supply the particulars requested within 21 days of service of this order. If the defendant fails to do so, the offending paragraphs of the plaintiff's plaint shall be struck out.

REPUBLIC v PATRICK CHEMOS NDIWA & 6 others [1998] KEHC 108 (KLR)

✦ The court acquits the first, second, third, and fifth accused persons, finding doubt in the evidence and resolving it in favor of the accused.

UHURU HIGHWAY DEVELOPMENT LIMITED vs CENTRAL BANK OF KENYA,EXCHANGE BANK LTD (IN VOLUNTARY LIQUIDATION),KAMLESH MANSUKHLAL PATTNI & PANSLA INVESTMENTS LTD (? 29 of 1995) [1998] KEHC 177 (KLR) (30 April 1998)

✦ The court appointed an interim Receiver/manager to take possession, custody and management of all the movable and immovable property of the Grand Regency hotel.

Daniel Mugo Kamuruana v Mbogo Mruambui [1998] KEHC 114 (KLR)

✦ The court dismisses the plaintiff's suit with costs to the defendant, as the suit has been overtaken by the sub-division of the plaintiff's land.

MERCY NDUTA KING’ARA vs SAMUEL KING’ARA MIKURO [1998] KEHC 226 (KLR)

✦ The application is dismissed with costs.

Kantilal Virpal Shah t/a Behnls Education Supplies v Benja Properties Limited [1998] KEHC 119 (KLR)

✦ The court lacks jurisdiction to hear and determine the application for stay of orders.

Samuel G. Kirika & another v Samuel Kihara Kirika t/a Kihara Ndiba & Co. Advocates [1998] KEHC 191 (KLR)

✦ The court held that the eviction was illegal and ordered the respondent to open the offices to the applicant and re-instate him.

Nairobi City Council v Sheikh Fazal Lolahi Noordin & another [1998] KEHC 211 (KLR)

✦ The defendant was not served with summons, and the ex-parte judgment and subsequent proceedings are hereby set aside.

Kanyeki Farmers Co-operative Society Ltd. v Mburu Kinani [1998] KEHC 5 (KLR)

✦ The court finds that the prosecution has failed to prove beyond reasonable doubt that the accused murdered the deceased, and acquits the accused of the charge of murder.

Chrysoston Wanjohi Gikuhi v Beatrice Njoki Nduati [1998] KEHC 266 (KLR)

✦ The appeal is allowed, and the marriage between the parties is dissolved as prayed by the appellant.

PREMIER SAVINGS & ANOTHER vs AL NASIR PEER MOHAMED [1998] KEHC 176 (KLR)

✦ The court denied the application for summary judgment.

KENYA COMMERCIAL BANK LTD vs IGNATIUS IRIGA NDERI [1998] KEHC 243 (KLR)

✦ The court ordered judgment to be entered against the defendant for Kshs. 4,000,000/- as admitted in the defendant's reply to the request for particulars.

PETER NGANGA MUIRURI v CREDIT (K) LIMITED [1998] KEHC 34 (KLR)

✦ The court dismisses the application with costs, as there is no valid professional undertaking for enforcement.

HILDA NYAMBURA GATHURI vs WILSON MWANGI RAMSON [1998] KEHC 236 (KLR)

✦ The appeal will be heard on priority basis immediately after the disposal of the appellant's application for joining a party and filing affidavit evidence.

JANE WANGUI WANYOINGI alias WANYOIKE v REPUBLIC [1998] KEHC 62 (KLR)

✦ The conviction and sentence are upheld

AHMED MEERA SHIAB DEEN vs MARY WANGUI [1998] KEHC 248 (KLR)

✦ The ex-parte judgment is set aside, and the defendant/applicant is allowed to file a defence within 14 days.

MORRIS OGOT KISERO & 3 Others v REPUBLIC [1998] KEHC 29 (KLR)

✦ Convictions of 2nd and 4th appellants are quashed, and they are set free. Convictions of 1st and 3rd appellants are substituted with simple robbery and sentenced to 8 years imprisonment with 4 strokes corporal punishment.

MORRIS OGOT KISERO v REPUBLIC [1998] KEHC 66 (KLR)

✦ Convictions of 2nd and 4th appellants are quashed, and they are set free. Convictions of 1st and 3rd appellants are substituted with simple robbery and sentenced to 8 years imprisonment with 4 strokes corporal punishment.

NANAK BODY BUILDERS LTD vs AKIBA BANK LIMITED [1998] KEHC 125 (KLR)

✦ The objection is dismissed as the provisions of the Oaths and Statutory Declarations Act do not apply to preliminary objections.

LUDINDI VENANT & ANOTHER v PANDYA MEMORIAL HOSPITAL [1998] KEHC 88 (KLR)

✦ The court held that the deceased's body was not properly disposed of and treated by the hospital.

REPUBLIC v FRANKTON NABWERA [1998] KEHC 17 (KLR)

✦ The accused is acquitted on both counts of murder

REPUBLIC v FRANKTON NABWERA [1998] KEHC 57 (KLR)

✦ The court finds no evidence to support the accused's conviction and acquits him on both counts.