Kenyan case law

EPHANTUS WANJOHI & SIMON WANG'OMBE vs STEPHEN MACHARIA,SAMUEL NJOROGE,MONICA NJERI & DAVID KIMAMA [2001] KEHC 159 (KLR)

✦ The Defendants should be allowed to defend the action against them and shall pay the Plaintiff's thrown away costs.

DAVID MONDE NGUTHI vs JASWINDER SINGH ENTERPRISES & WILFRED WAKABA NJAU [2001] KEHC 456 (KLR)

✦ The court finds the defendants 100% liable for the plaintiff's injuries. The court awards Sh. 400,000/= in general damages, Sh. 415,437/= in medical and related expenses, Sh. 145,000/= in loss of the motor vehicle, and Sh. 3,100/= in special damages. The total award is Sh. 963,537/=. The plaintiff gets costs and interest.

RASHID KOMBO vs REPUBLIC [2001] KEHC 799 (KLR)

✦ The appeal is allowed and the sentence is reduced to the period served

MOHAMED SALIM SULEIMAN vs REPUBLIC [2001] KEHC 312 (KLR)

✦ The appeal is allowed to reduce the sentence from 5 years to 3 years imprisonment.

EAST AFRICAN INDUSTRIES LTD. vs MUTINDA MBOKE [2001] KEHC 614 (KLR)

✦ The application is dismissed with costs to the Respondent as it is found to be an abuse of the court process.

ALI HUSSEIN SWALEH vs REPUBLIC [2001] KEHC 307 (KLR)

✦ The appeal against conviction is dismissed. The sentence of 2 years imprisonment for each limb of the offence is reduced to 18 months.

CHOMBO NZOLE vs REPUBLIC [2001] KEHC 230 (KLR)

✦ The sentence is set aside and substituted with imprisonment for a term of 4 years and 2 strokes of the cane

AWADH AHMED AWADH vs SHAKIL AHMED KHAN [2001] KEHC 411 (KLR)

✦ General damages assessed at Kshs.110,000, including Kshs.10,000 for pain and suffering and Kshs.100,000 for loss of expectation of life. No damages awarded for loss of dependency.

Machira v Mwangi & another [2001] KEHC 822 (KLR)

✦ Compensatory damages of Kshs 8 million and aggravated damages of Kshs 2 million are awarded. An apology is awarded in the form of Kshs 200,000.

MOHAMED ABOUD,MOHAMED LALI,MOHAMED ABDALLA,ANISA ABDULRAHIM,FATMA SULEIMAN & MKUU MAHMUD vs SHEIKH ALI AL-AMIN,OMAR LALI,SALIM SAID SHERMAN,FAIZ AMAR,AHMED ALI & 3 OTHERS [2001] KEHC 722 (KLR)

✦ The claimants have not established any entitlement to a mandatory injunction against NUKEM. The claim between the defendants is hereby dismissed.

CHARLES MAINA MUCHUNU vs CO-OPERATIVE MERCHANTS BANK & 3 OTHERS [2001] KEHC 570 (KLR)

✦ The Plaintiff's equity of redemption was extinguished, and the Plaintiff is not entitled to damages. The Plaintiff is wrongfully in possession of the suit premises since the date of the auction sale. The 2nd and 5th Defendants succeed on their counterclaim.

Joseph Hinga Gati v Barclays Bank (K) Ltd [2001] KEHC 858 (KLR)

✦ The application is dismissed with costs to the defendant.

CHRISTOPHER MUSYOKA MUSAU vs DAIMA BANK & ANOTHER [2001] KEHC 665 (KLR)

✦ The Defendant is entitled to sell the suit properties, but the statutory notices are invalid, and a valid notice is required before the sale can proceed.

MWACHITSI MATASI vs REPUBLIC [2001] KEHC 349 (KLR)

✦ The appeal is dismissed.

Kenya Bankers Association v Minister for Finance & another [2001] KEHC 849 (KLR)

JOSEPH GITARI NJOKA v REPUBLIC [2001] KEHC 346 (KLR)

✦ The conviction for Intimidation is quashed and the sentence of eighteen months imprisonment is set aside.

DAVID SIMIYU RULIKA v REPUBLIC [2001] KEHC 397 (KLR)

✦ The conviction is upheld, and the sentence is affirmed.

NOORALI E. BHAIJEE NAJMUDDIN M.E. BHAIJEE T/A NAJMI SPARE PARTS v KENYA CALCIUM PRODUCTS LTD [2001] KEHC 562 (KLR)

✦ The application for summary judgment is dismissed with costs.

Ruturi & 2 others v Ministry of Finance & another [2001] KEHC 820 (KLR)

In Re: JAMES MBERI MUIGAI KENYATTA [2001] KEHC 730 (KLR)

✦ The court grants Letters of Administration to the deceased's mother and sister, and leaves the issue of Letters of Administration to Elizabeth Mberi to be decided after the mother's Letters of Administration are confirmed.

MATU FONDO KALAMA vs - REPUBLIC [2001] KEHC 265 (KLR)

✦ The appeal is dismissed as the trial magistrate's judgment was properly found that the appellant was guilty as charged.

BENJAMIN MWANZIA OMAR v REPUBLIC [2001] KEHC 341 (KLR)

✦ The sentence is set aside and substituted with 2.5 years imprisonment from the date of conviction. The conviction is upheld.

AYONS MBAAZI vs REPUBLIC [2001] KEHC 275 (KLR)

✦ The sentence is reduced to 2 years imprisonment and 3 strokes of the cane.

ALEXANDER NGILA vs REPUBLIC [2001] KEHC 82 (KLR)

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

AUGUSTINE ENEUGWU ALIAS SUNDAY vs REPUBLIC [2001] KEHC 217 (KLR)

✦ The applicant is admitted into bail with certain conditions