Kenyan case law

Kimani v Republic [2002] KEHC 99 (KLR)

✦ The conviction is upheld, but the sentence is set aside and replaced with a fine of shs.1 million in default to serve five (5) years imprisonment.

CYPRIAN KUBAI vs STANLEY KAIYONGI MWENDA [2002] KEHC 253 (KLR)

✦ The originating summons is struck out

In Re Standard Ltd, Ex Parte Tricom Paper International BV [2002] KEHC 1183 (KLR)

East African Foundry Works (K) Ltd v Kenya Commercial Bank Ltd [2002] KEHC 1122 (KLR)

✦ The court struck out paragraphs 3, 4, 8(c), and 9 of the plaintiff's affidavit.

NAHENDRA DAHYABHAI PATEL & ANOR vs RASIKBHAI DAHYABHAI & 4 OTHERS [2002] KEHC 1061 (KLR)

✦ The court allows the documents on record, subject to their amendment, and orders the 5th defendant to file a 'Reply to the defence to re-amended counterclaim' within 4 days of service of the 'Amended reply to re-amended defence and defence to re-amended counter-claim'.

Kamau Kibunja v Attorney General & 12 others [2002] KEHC 1129 (KLR)

✦ The application is heard by a bench of two judges appointed by the Chief Justice.

MARGARET PRISKA MUTUNE vs PATRICK MUTUNE KYNZE [2002] KEHC 544 (KLR)

✦ The chamber summons is dismissed with no order as to costs as the Respondent never came up in the matter.

BLUE SHIELD INSURANCE CO. LTD. vs CAROLINE ANDISA [2002] KEHC 811 (KLR)

✦ The appeal is allowed and the case is remitted back to the lower court for hearing on its merit.

JACOB NDERITU KIMARA vs REPUBLIC [2002] KEHC 572 (KLR)

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

E.A.L v D.C.L [2002] KEHC 300 (KLR)

✦ Marriage dissolved on grounds of desertion by Respondent in 1978.

Chengoni Mbao & another v Republic [2002] KEHC 1164 (KLR)

✦ The order directing the complainant to remove his house from the disputed land was not lawful

Kandie & 2 others v Beatrice Jepkemoi Cherogony [2002] KEHC 1175 (KLR)

✦ The deceased was buried at his Tiriondonin rural home in Baringo District.

Charles Omwata Omwoyo v African Highlands & Produce Co Ltd [2002] KEHC 1190 (KLR)

✦ The application is dismissed with costs to the defendant as the Nairobi Resident Magistrate's Court did not have the jurisdiction to entertain the plaintiff's suit.

PETER MURAGURI vs JAMES NJOGO MWANGI & ANOTHER [2002] KEHC 886 (KLR)

✦ The appeal is allowed, and the lower court record is set aside with costs to the appellant.

K.J.D.S v J.D.S [2002] KEHC 1152 (KLR)

✦ The court rules out the application of Civil Procedure Act and Rules to these matters, and the Respondent is not allowed to file a replying affidavit.

ESTHER GITHIGA vs FRASIA WANJIKU KARIUKI [2002] KEHC 1005 (KLR)

✦ The summons dated 19th September 2002 is hereby dismissed as the matter is res judicata.

MARY GATIMU GAIKU vs MWANGI ELIJAH GATIMU [2002] KEHC 898 (KLR)

✦ The panel of elders had no jurisdiction to determine the dispute regarding the title to land. The appeal is allowed, and the lower court order is set aside.

Ndungu Boro V Peter K. Njuguna & Another [2002] KEHC 34 (KLR)

✦ The mandatory and prohibitive injunctions are granted

FREIGHT FORWARDERS (K) LTD vs MUMIAS SUGAR COMPANY LTD (? 109 of 2002) [2002] KEHC 609 (KLR) (14 October 2002)

✦ The court ordered the defendants to pay the plaintiff Kshs. 3,391,200/- as quarterly rent in advance and Kshs. 312,096.80 as stamp duty, legal fees, and photocopying, binding, and courier charges.

NDUNGU BORO vs PETER K. NJUGUNA & ANOTHER [2002] KEHC 620 (KLR)

✦ The Plaintiff's application succeeds and the court issues mandatory and prohibitive injunctions to restore the Plaintiff back into his business premises and to restrain the Defendant from interfering with his tenancy.

KIMANGU GATHENDU v MWANGI GATHENDU & ANOTHER [2002] KEHC 24 (KLR)

✦ The court allows the appeal and sets aside the Provincial Land Disputes Appeals Committee decision, finding the tribunal's jurisdiction was invalid due to the provisions of the Registered Land Act and the Limitation of Actions Act.

ELEGANT CARS LIMITED vs AKIBA BANK LIMITED [2002] KEHC 533 (KLR)

✦ Judgment for the admitted sum of USD 3000 plus costs and interest

RAJENDRA RATILAL SANGHANI vs THE KENYA REVENUE AUTHORITY [2002] KEHC 678 (KLR)

✦ The court allows the application and grants the orders of certiorari, prohibition, and mandamus.

Peter N. Gichia v Patrick K. Gichia [2002] KEHC 1052 (KLR)

✦ The Notice of Motion dated 28th August 2002 lacks merits and is hereby dismissed with costs to the Respondent.

JAGAT SINGH & SONS LTD vs NJENGA MOCHE [2002] KEHC 847 (KLR)

✦ The appeal is dismissed with costs. The award of Kshs.250,000/= as general damages and Kshs.1,100/= as special damages is upheld.