Kenyan case law

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.

JOSEPH KARIUKI MUCHOKI vs DAVID MWANGI MACHARIA [2002] KEHC 704 (KLR)

✦ The court dismisses the plaintiff's claim due to lack of evidence supporting negligence and awards Kshs.250,000 in damages.

CFC BANK LTD. vs FRANCIS WAWERU NDEGWA [2002] KEHC 758 (KLR)

✦ The defendant is ordered to pay KShs.519,700 to the plaintiff plus costs and interest.

KENYA SAFARIS LODGES & HOTELS vs UNITED TOURING COMPANY LTD. [2002] KEHC 542 (KLR)

✦ Summary judgment in favor of the Plaintiff for the sum of KShs.5,541,586.45 plus interest from the date of filing the suit to the date of full payment.

Akamba Public Road Service Ltd And Another vs JOSEPH M. MUKUNDI [2002] KEHC 561 (KLR)

✦ The appeal is allowed, the respondent's case is dismissed, and the respondent bears his own costs

MATHEWS MWABISY ANGALUA vs REPUBLIC [2002] KEHC 496 (KLR)

✦ The appeals are dismissed as the charge was proved beyond reasonable doubt

RUBINA MARIVONNE HAROON vs ALBERTO FAIT [2002] KEHC 1084 (KLR)

✦ The marriage is declared null due to willful non-consummation by the respondent.

CHARLES KARIUKI NDUNGU vs Re:ELIAS WARUNGU KARIUKI [2002] KEHC 952 (KLR)

✦ The court found that the declaration of trust was valid and granted a permanent injunction to stop the eviction of Gladys and her son from the property, and vested the property in Charles Kariuki absolutely.

RICHFIELD ENGINEERING LTD vs HARAKA ENGINEERING WORKS [2002] KEHC 805 (KLR)

✦ The appeal is not arguable and the outcome of the appeal if successful would not be rendered nugatory. The applicant will suffer substantial loss if the stay orders are not granted.

ISAAC GITAU GOKU vs REPUBLIC [2002] KEHC 381 (KLR)

✦ The appeals are dismissed. The evidence was sufficient to prove the robbery with violence. The trial court did not err in convicting the appellants without an identification parade.

CHARLES MWARIRI KAHUTHU vs J. MURURI CHEGE [2002] KEHC 851 (KLR)

✦ The appellant is not entitled to the 6 finished steel doors and the balance of the purchase price of Kshs.42,000/= and storage charges

OBEL OCHIENG vs REPUBLIC [2002] KEHC 494 (KLR)

✦ The appeal is dismissed as the offence was proved beyond reasonable doubt.

BERNARD ATSANGO KASIAN vs REPUBLIC [2002] KEHC 362 (KLR)

✦ The convictions and sentences are upheld.

Otieno v Nation Newspapers Limited [2002] KEHC 1225 (KLR)

✦ The court held that the plaintiff has not complied with the requirement of Order VI Rule 6A(3) of the CPR to give particulars of facts and matters from which malice could be inferred.

JOHNSON SIRIKWA SURE vs REPUBLIC [2002] KEHC 386 (KLR)

✦ The appeal is allowed, and the conviction and sentence under section 296(2) are quashed. The appellant is convicted under section 296(1) and sentenced to a prison term equal to the period already served in prison, with two strokes of the cane and five years of police supervision.

MWANGI NJIHIA AND ANOTHER vs MICHAEL MAINA MUCHIRI [2002] KEHC 965 (KLR)

✦ The appeal is dismissed with no order for costs.

Republic v Director of Fisheries ex parte Wanainchi Marine Products (Kenya) Ltd [2002] KEHC 1179 (KLR)

✦ The court grants the application and issues an order of mandamus for the respondent or her officers to issue the Fish Export Health Certificates.

KEFFAH PASUT MATOKE vs REPUBLIC [2002] KEHC 373 (KLR)

✦ The appeal is allowed, conviction quashed, and sentence set aside. The appellant shall appear before another magistrate for a retrial.

JOHANNA MBOGO & ANOTHER vs JOSEPH KIMANI & TWO OTHERS [2002] KEHC 661 (KLR)

Republic v Minister For Local Government & 2 others Ex-parte Mayor Councillor Mwalimu Masoud Mwahima [2002] KEHC 1228 (KLR)

✦ The court granted the orders of Certiorari, Prohibition, and Mandamus, and ordered the Town Clerk to reinstate the applicant as Mayor.

In Re: KIIRU MUHIA “A” [2002] KEHC 1007 (KLR)

✦ The land should be divided equally between the two houses as per Kikuyu Customary Law.

NASSOR MOHAMED NAHDY vs RAVJI RAMJI NANJI [2002] KEHC 676 (KLR)

✦ The application is dismissed with costs to the respondent. The suit proceeds to hearing on 30.9.2002.

ENOS AGANDA vs - REPUBLIC …. [2002] KEHC 426 (KLR)

✦ The conviction and sentence are set aside. The appellant is to be set free forthwith unless held under other lawful means.

MAHICAN INVESTMENTS LIMITED vs WATAMU WATERWAYS LIMITED [2002] KEHC 644 (KLR)

✦ The application is granted in terms of prayers 1 and 2. The Respondent has seven days from the date of this Ruling to remove all its containers, and other properties of whatever nature as well as its guards, securities and agents from the Applicant’s properties being Portion Numbers 654 and 657, Mambrui. Further the Respondent is restrained by itself, its servants, workmen or agents or otherwise howsoever from trespassing onto the Plaintiff’s said property with effect from 5th Day of October 2002.

ALFRED NGWATU MWADIME ……….. vs - REPUBLIC [2002] KEHC 412 (KLR)

✦ The appeal is dismissed as the appellant did not exhibit remorsefulness and is a danger to children.