Kenyan case law

DAVID MUNYOKI KATUTU & KIMANGI KITUO vs REPUBLIC [2003] KEHC 331 (KLR)

✦ The appeal is dismissed in its entirety in so far as the charge under Section 296(2) of the Penal Code is concerned. The conviction on count two is quashed and the sentence set aside.

DANIEL KHASWENU INGUTE AND TWO OTHERS vs REPUBLIC [2003] KEHC 154 (KLR)

✦ The appeal against the 1st, 2nd, and 3rd appellants is dismissed as the evidence on record supports the convictions and sentences.

PIUS NDANDI WARUI vs LEONARD KIRAGU WARUI [2003] KEHC 496 (KLR)

✦ The Plaintiffs' claim is dismissed as they have not established uninterrupted occupation of the suit land for at least twelve (12) years.

PHILIP KIPKOECH KIRUI vs REPUBLIC [2003] KEHC 232 (KLR)

✦ The conviction is quashed and the sentence set aside due to the failure to prove the vital aspect of the offence.

KELLION OMOLLO OMOLLO vs REPUBLIC [2003] KEHC 1012 (KLR)

✦ Conviction and sentence quashed, appellant set at liberty

Kagunyi v Gathua & another (2008) 2 KLR (EP) 521 [2003] KEHC 996 (KLR)

DOMINIC ODHIAMBO OMWA vs REPUBLIC [2003] KEHC 1013 (KLR)

✦ We quash the conviction and set aside the sentence. However, we convict the appellant of the offence of assault causing bodily harm and sentence him to 12 months imprisonment.

BEATRICE AGOLA OPONDO v SWALEH SALIM SAID [2003] KEHC 40 (KLR)

✦ The defendant is liable for 100% of the damages. The court awards Kshs.1,176,720/- in total.

Onalo v Ludeki & 2 others (2008) 2 KLR (EP) 508 [2003] KEHC 995 (KLR)

BAPTIST CONVENTION OF KENYA V BEDAN KANYOROKU [2003] KEHC 599 (KLR)

✦ The suit is not incompetent, and the first plaintiff is struck off. The objection is refused.

KENYA OIL CO. LIMITED v CHIEF PETROLEUM [2003] KEHC 26 (KLR)

✦ The court rejects the application to order the examination of the deponent Mr. Segman and his appearance for such purpose.

Patrick Atemo Msembe & another v Republic [2003] KEHC 959 (KLR)

✦ The second appellant is convicted of robbery with violence and sentenced to death. The appeal of the second appellant is dismissed.

Republic vs THE COMMISSIONER OF POLICE Ex Parte JOSEPH KIBORUS TARUS T/A TARUS AND COMPANY ADVOCATES [2003] KEHC 214 (KLR)

✦ Leave is hereby granted to the Ex-parte Applicant in terms of prayer 1 of the Chamber Summons dated 1.8.03. The said leave do operate as a stay for 21 days. The application be filed and served and heard on the 21.8.2003.

KIMUYU MWISA MWANGEvs REPUBLIC [2003] KEHC 352 (KLR)

✦ The conviction and sentence are quashed and the Appellant is set free.

Dominic Arony Amolo v Attorney General [2003] KEHC 220 (KLR)

✦ Section 3 of the Kenyan Constitution excludes the operation of Cap 22 with regards to claims under Fundamental Rights and Fundamental Rights provisions cannot be interpreted to be subject to the legal heads of legal wrongs or causes of action enunciated under the Limitation Act Cap 22.

KATANA KITSAO V REPUBLIC [2003] KEHC 834 (KLR)

✦ The court finds that the use of violence was sufficient to charge the appellant under Section 296(2) of the Penal Code, but the conviction and sentence under Section 279(a) were improper. The court substitutes the sentence with death.

PAUL MUTHUMA MUCHINE vs REPUBLIC (? 274 of 2002) [2003] KEHC 412 (KLR) (1 August 2003)

✦ The conviction is quashed and the sentence set aside due to insufficient evidence.

MARIA EYER FELSHIN v ZVUBDEB HIGB DAVID BARANDUN VRENELI [2003] KEHC 838 (KLR)

✦ The defendants have failed to show substantial loss that would be irreparable if the stay of execution is not granted, and thus the motion for stay of execution is dismissed.

In Re: HUMPHREY EDWARD GITHURU KAMUYU [2003] KEHC 816 (KLR)

✦ The certificate of confirmation of the grant of probate conforms with the will and the judgment of Hon. Justice Visram dated July 30, 2001. The application for review is dismissed.

Muangi v Kenya Safari Lodges & Hotels Ltd (Civil Suit 291 of 2000) [2003] KEHC 545 (KLR) (30 July 2003)

✦ The judgment in Criminal Case No.3249 of 1999 is a judgment in rem and is admissible.

JOSEPH WAIGANJO MUKAMI vs REPUBLIC [2003] KEHC 328 (KLR)

✦ The conviction for attempted robbery is set aside. The conviction for arson is upheld.

JOSPHAT MWATHU vs REPUBLIC [2003] KEHC 191 (KLR)

✦ The applicant’s application for bail pending appeal is allowed.

MUCHIRI KARANJA vs ZIPPORAH WANGUI [2003] KEHC 582 (KLR)

✦ The Defendant's application is dismissed with costs.

ANNA NDUNGE KISIA vs MUNICIPAL COUNCIL OF MOMBASA,SADIQ OMAR SALIM [2003] KEHC 575 (KLR)

✦ The application for dismissal of the suit for want of prosecution is dismissed with costs to the plaintiff

NYUNDO ZUMA BEJA vs REPUBLIC [2003] KEHC 336 (KLR)

✦ The appeal is dismissed. The court finds no reason to interfere with the sentence as the appellant cannot benefit from the point of his age and the nature of the offence is serious.