Case law
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Division and case type: Constitutional and Human RightsPetition
…The test to be applied is whether there is real consent as defined at pg6 of this judgment.…
…REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT KERICHO HC DIVORCE NO. 11 OF 2006 A.C.K................................................PETITIONER VERSUS B.K................................................RESPONDENT JUDGMENT…
Division and case type: CRIMINAL DIVISIONCriminal Case
………RESPONDENT JUDGMENT. Stephen Wainaina Macharia, the appellant, was convicted by a Resident Magistrate, Nairobi (Miss A Angawa) of three counts: Viz: 1. Forgery contrary to section 349 of the Penal Code. 2.…
…Her failure to consider in her judgment the fact that the appellant had refunded the money, he allegedly unlawfully obtained long before the case came for a hearing did not in our view cause any prejudice to the appellant…
Division and case type: Constitutional and Human RightsPetition
…REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAIROBI (NAIROBI LAW COURTS) Winding Up Cause 1 of 1986 In the Matter of Renguti Gikambura Hotel Company Ltd and In the Matter of Companies Act (CAP.486 Laws of Kenya JUDGMENT…
…Interest on amounts to be ascertained by court are normally awarded from the date of judgment. In this case interest is awarded from the date of judgment.…
Division and case type: Constitutional and Human RightsPetition
…REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAIROBI (NAIROBI LAW COURTS) Winding Up Cause 54 of 1998 In The Matter of Plant Industries Ltd v In The Matter of Companies Act Judgment.…
Division and case type: CriminalCriminal Case
…Alukhaba v Director of Public Prosecutions (Criminal Appeal E007 of 2021) [2022] KEHC 16913 (KLR) (23 December 2022) (Judgment) Neutral citation: [2022] KEHC 16913 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT KAKAMEGA CRIMINAL…
…RESPONDENT (Being an appeal from the judgment of Hon M Shimenga, Resident Magistrate, in Butere SRMSOC No 39 of 2018, delivered on November 18, 2019) JUDGMENT 1.…
Division and case type: CriminalCriminal Case
…Otieno v Republic (Criminal Appeal 7 of 2012) [2013] KEHC 277 (KLR) (30 December 2013) (Judgment) Marcella Nyabonyi Otieno v Republic [2013] eKLR Neutral citation: [2013] KEHC 277 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT…
…Were in Criminal Case No. 2 of 2011 dated 26 th June, 2012) JUDGMENT 1.…
Division and case type: CriminalCriminal Case
…Otieno v Republic (Criminal Appeal 7 of 2012) [2013] KEHC 277 (KLR) (30 December 2013) (Judgment) Marcella Nyabonyi Otieno v Republic [2013] eKLR Neutral citation: [2013] KEHC 277 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT…
…Were in Criminal Case No. 2 of 2011 dated 26 th June, 2012) JUDGMENT 1.…
Division and case type: Constitutional and Human RightsPetition
…REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAIROBI (NAIROBI LAW COURTS) Winding Up Cause 12 of 1986 In The Matter of Plastic Products (K) Ltd and In The Matter of The Companies Act, CAP 486 Judgment.…
Division and case type: CriminalCriminal Case
…Justice Byram Ongaya on Friday 20th December, 2013) RULING The court delivered the judgment in this case on 20.09.2013.…
…The applicant is aggrieved by the judgment due to arithmetical error because the claimant’s gross salary was Kshs.79,636 and not Kshs.94,599.00 as stated in the judgment. 2.…
Division and case type: Constitutional and Human RightsPetition
…He drew my attention to two passages in my judgment in support of this proposition. If he is right, then the overall amount that I held the Petitioner to be entitled to, would also be affected accordingly.…
…Mr Kibet has suggested that the proper course for Mr Gatonye to adopt would be to appeal against my judgment or seek its review.…
Division and case type: CriminalCriminal Case
…Justice Byram Ongaya on Friday 20th December, 2013) RULING The court delivered the judgment in this case on 20.09.2013.…
…The applicant is aggrieved by the judgment due to arithmetical error because the claimant’s gross salary was Kshs.79,636 and not Kshs.94,599.00 as stated in the judgment. 2.…
Division and case type: Constitutional and Human RightsPetition
…It was equally prayed that upon the striking out, judgment be entered for the plaintiff as prayed in the plaint. 2.…
…Being so undefended no issue remains to be determined by the court hence I do enter judgment for the plaintiff as prayed in the plaint.…
Division and case type: Constitutional and Human RightsPetition
…A party brings an action based on an assessment for breach is neither entitled to judgment on a normal suit or to a winding up order in a petition. MWATSAHU Vs. MARO [1967] EA 42.…
…A case where the plaintiff obtained judgment in default of defence for an amount which included the costs of repairing a car.…
Division and case type: CriminalCriminal Case
…RESPONDENT (Being an appeal from the Judgment and Decree of Hon. J. Ong’ondo, RM in Principal Magistrates Court at Homa Bay in Civil Case No. 12 of 2011 dated 22nd September 2011) JUDGMENT 1.…
…In the reserved judgment, the learned magistrate found the Bank liable as follows; As Mr Nyauke had correctly stated in his submissions; clause (j) Para. 1 page 18, it is the lender who is the attorney for borrower/charger…
Division and case type: Anti-CorruptionPetition
…The principles governing the setting aside of Consent Orders/Judgments were set out in the case of Flora Wasike vs Destimo Wamboko [1982-88] 1 KAR 627, which can be summarized thus; i.…
…A consent judgment can only be set aside on the same grounds as would justify the setting aside of a contract, for example fraud, mistake or misrepresentation; ii.…
Division and case type: Constitutional and Human RightsPetition
…RESPONDENT JUDGMENT (Appeal from an Order of the High Court at Mombasa, Bhandari J) July 25, 1985, Kneller, Hancox & Nyarangi JJA delivered the following Judgment. We have consolidated these two appeals.…
Division and case type: Constitutional and Human RightsPetition
…3 OF 1998 BETWEEN CHRISTOPHER NYABAYO NYAMUKO .........................APPLICANT AND REPUBLIC ..............................................................RESPONDENT (Application for leave to appeal out of time from a Judgment…
Division and case type: Constitutional and Human RightsPetition
…REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAIROBI (NAIROBI LAW COURTS) WINDING UP CAUSE 40 OF 1986 IN THE MATTER OF RWINO INVESTMENTS LTD AND IN THE MATTER OF THE COMPANIES ACT (CAP JUDGMENT.…
…The petition has been presented by Standard Chartered Acceptances Limited (hereinafter referred to as “the Petitioner”) and is supported by 9th other creditors amongst whom one, Shirjibhai & Sons, is a judgment creditor.…
Division and case type: Constitutional and Human RightsPetition
…re hearing the petition under s 108 91) of the English Act (s 103 (1) of Kenya Act – Williams on Bankruptcy 18 th Ed p 48 last paragraph But it is duly the most exceptional circumstances that the court would go behind a judgment…
…I note that in para 3 of the plaint in -------------------------- no 1554/80 in which the creditors--------------------------------------- judgment the subject matter of this petition at debtor was described as a “businessman…
Division and case type: CriminalCriminal Case
…NAI 8 OF 1997 (NYR 5/97) BETWEEN CHARLES WANJAU KARIMI.....................................APPLICANT AND REPUBLIC.................................................RESPONDENT (Appeal from a conviction and judgment of the High…