Court decisions & case law

Judgment[2021] KEHC 101220 December 2021

State v F.O.O

High Court at SiayaOkanda,He,WasongaCase number Criminal Case E021 of 2021

Division and case type: CriminalCriminal Case

REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT KITALE WINDING UP CAUSE N0. 01 OF 2011 IN THE MATTER OF THE COMPANIES ACT CHAPTER 486 AND IN THE MATTER OF INTESTATE PETROLEUM COMPANY LIMITED AFRICA OIL TURKANA (K) LIMITED..................1ST PETITIONER AFRICAN OIL CORPORATION ..............................2ND PETITIONER AFRICAN OIL KENYA BV .......................................

4 min read

Judgment[2019] KEHC 31718 December 2019

Jeremiah Mugo Muiruri v Republic

High Court at NyahururuHeCase number Criminal Revision 11 of 2019

Division and case type: CriminalCase number Criminal Revision

REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT MOMBASA CIVIL SUIT NO. 25 OF 2015 ABDULKARIM SALEH MUHSIN......................................................................PLAINTIFF VERSUS 1.

4 min read

Judgment[2008] KEHC 25328 December 2008

BLUESHIELD INSURANCE CO. LTD v SAMUEL NYAGA NGURUKIRI

High Court at Nairobitrial magistrate the respondent testified that he was injured whilst traveling in the subject vehicle,He,NjiruCase number Civil Appeal 860 of 2004

Division and case type: CivilCivil Appeal

REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAIROBI (NAIROBI LAW COURTS) Civil Appeal 860 of 2004 BLUESHIELD INSURANCE CO. LTD……...…APPELLANT VERSUS SAMUEL NYAGA NGURUKIRI…..…………..RESPONDENT J U D G M E N T 1.

9 min read

Judgment[2003] KEHC 912 October 2003

In Re The Estate of Paul Nene Metha (Deceased) [2003] KEHC 9 (KLR)

High Court at NairobifilingCase number Miscellaneous Succession Cause 414 of 1984

Division and case type: FamilySuccession Cause

REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAIROBI (NAIROBI LAW COURTS) Succession Cause 414 of 1984 IN THE MATTER OF THE ESTATE OF PAUL NENE METHA – DECEASED RULING Peter Kimani Nene and Fredrick Kimani filed the Petition for grant of representation for the estate of the deceased on 7th June, 1989. Rahab Michere Nene thereupon filed Cross-petition and Answer to the petition as well as Objection to making of the grant on 17th August, 1984 and 26th July, 1984 respectively.

5 min read

Judgment[2002] KEHC 89617 November 2002

GURDARSHAN SINGH v C.K. VIRDEE J.S. VIRDEE

High Court at NairobiShieldsCase number Civil Appeal 116 of 1993

Division and case type: CivilCivil Appeal

REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAIROBI CIVIL APPEAL NO. 116 OF 1993 GURDARSHAN SINGH ………………………..APPELLANT VERSUS C.K.

3 min read

Judgment[2001] KECA 3236 December 2001

Antony Chege Kibathi v Republic

Court of Appeal at NairobiEtyang,JUDGE APPEALCase number Criminal Appeal 129 of 2001

Division and case type: CriminalCriminal Appeal

in the submission that the finding in fact has no evidence to support it, we have come to the conclusion that there is evidence on record capable of being taken into consideration to sustain the charge. There was overwhelming evidence of P.W.1., P.W.4 and P.W.5.

2 min read

Judgment[2000] KECA 33129 June 2000

John Kibe Murima v Republic

Court of Appeal at NairobiEtyang,JUDGE APPEALCRIMINAL APPEAL NO. 30 OF 2000

Division and case type: CriminalCriminal Appeal

REPUBLIC OF KENYA 1 Barry Scutt & Another v Hitesh Jethwa & 2 Others High Court of Kenya at Nairobi June 29, 2000 Milimani Commercial Courts T Mbaluto, Judge Civil Case No 937 of 2000 June 29, 2000 T Mbaluto, Judge delivered the following ruling. This ruling relates to the issue as to who between the applicants who are the plaintiffs in this suit and the 3rd defendant/respondent should bear the costs of the application filed by the plaintiffs herein.

4 min read

Judgment[1999] KECA 8019 September 1999

FRED KIPCHUMBA CHEPKWONY v REPUBLIC

Court of Appeal at NairobiEtyang,judge High Court,JUDGE APPEALCRIMINAL APPEAL NO. 27 OF 1999

Division and case type: CriminalCriminal Appeal

REPUBLIC OF KENYA IN THE COURT OF APPEAL AT NAIROBI (CORAM: GICHERU, SHAH & BOSIRE JJ.A) CRIMINAL APPEAL NO. 27 OF 1999 BETWEEN FRED KIPCHUMBA CHEPKWONY...............................APPELLANT AND REPUBLIC....................................................................RESPONDENT (Appeal from a conviction and judgment of the High Court of Kenya in Embu (Mr.

2 min read

Judgment[1999] KECA 368 August 1999

MAJOR JOSEPH MWETERI IGWETA v s MUKIRA M'ETHARE ) ATTORNEY GENERAL

Court of Appeal at NairobiShields,JUDGE APPEALCIVIL APPEAL NO.53 OF 1993

Division and case type: CivilCivil Appeal

REPUBLIC OF KENYA IN THE COURT OF APPEAL AT NAIROBI CIVIL APPEAL NO.53 OF 1993 MAJOR JOSEPH MWETERI IGWETA.............................APPELLANT VERSUS 1. THE ATTORNEY GENERAL...........................................................RESPONDENTS (Being an appeal from the ruling of the High Court of Kenya at Nairobi (Justice Shields) dated 25th October, 1990 in H.C.C.A.

application is dismissedDismissed1 min read

Judgment[1999] KECA 11030 May 1999

MACCU MOTORS LIMITED v 1. BIKABHAI MATHURBHAI PATEL 2. FRANK KAMUNDI MWONGERA 3. CYPRIAN IBURI NGARURO 4. THE COMMISSIONER OF LANDS

Court of Appeal at NairobiEtyang,JUDGE APPEAL,BandulaCase number Criminal Miscellaneous Application 289 of 1997

Division and case type: CriminalMiscellaneous Application

is Order VI rule 13(1) and an order under that provision is also equally appealable as of right under Order XLII rule 1. I am, therefore, satisfied that an appeal does lie in the instant case without leave from the decision of the Judge which is sought to be appealed against.

4 min read

Judgment[1998] KECA 14312 November 1998

GREENFIELD INVESTMENTS LIMITED v BABER ALIBHAI MAWJI

Court of Appeal at NairobiPall,Appeal,Pall given Nairobi,JUDGE APPEAL,Justice,Gautama,Luvuga,Mohammed Nyaoga,Nyakeno,Oraro,NyaogaCIVIL APPEAL NO. 160 OF 1997

Division and case type: CivilCivil Appeal

decision of Lakha, J.A., a learned single judge of this Court, to seek to vary, discharge or reverse his order by the Court under the provisions of rule 54 (2) of the Rules. Oraro has submitted that the respondent having not chosen any of those options he cannot now challenge the consent order which he has not attempted to have set aside.

Judgment[1998] KECA 612 August 1998

MOSES KIPNGETICH KURGAT v THE DISCIPLINARY COMMITTEE OF THE LAW SOCIETY

Court of Appeal at Vs The DisciplinaryAluoch,JUDGE APPEAL

Division and case type: GeneralUnclassified

REPUBLIC OF KENYA IN THE COURT OF APPEAL AT NAIROBI (CORAM: OWUOR, J.A (IN CHAMBERS) CIVIL APPLICATION NO. 62/99) BETWEEN MOSES KIPNGETICH KURGAT ..............................APPLICANT AND THE DISCIPLINARY COMMITTEE OF THE LAW SOCIETY ...................................RESPONDENT (Application for stay of execution in an intended appeal from the ruling and order of the High Court of Kenya at Nairobi (Hon.

2 min read

Judgment[1998] KEHC 15622 June 1998

WILSON MAKHOSI v REPUBLIC

High Court at NairobiOsiemo,Oguk,Kanyi,Ondari,OndumaCRIMINAL APPEAL NO. 316 OF 1997

Division and case type: CriminalCriminal Appeal

REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAIROBI APPELLATE SIDE CRIMINAL APPEAL NO. 316 OF 1997 (From Original conviction and Sentence in Criminal Case No.

2 min read

Judgment[1998] KECA 28212 May 1998

ELIZABETH NGELELE & 3 OTHERS v REPUBLIC

Court of Appeal at NairobiOsiemo,JUDGE APPEALCase number Criminal Appeal 10 of 1994

Division and case type: CriminalCriminal Appeal

REPUBLIC OF KENYA IN THE COURT OF APPEAL AT NAIROBI (CORAM: AKIWUMI, TUNOI & SHAH, JJ.A.) CRIMINAL APPEAL NO. 10 OF 1994 BETWEEN ELIZABETH NGELELE JOHN MULI MUNYAO KIOKO MBULA SAA MUSYOKA KILONZO.....................................................APPELLANTS AND REPUBLIC................................................................................RESPONDENT (Appeal from a Judgment of the High Court of Kenya at Machakos (Justice Osiemo) dated 8th December, 1993 in H.C.CR.C.

2 min read

Judgment[1998] KECA 1256 April 1998

Samuel Ngure Gathii v Josephine Wanjiru Mbugua

Court of Appeal at NairobiJuma,JUDGE APPEAL,JusticeCase number Civil Appeal 292 of 1997

Division and case type: CivilCivil Appeal

IN THE COURT OF APPEAL AT NAIROBI (CORAM: OMOLO, SHAH & PALL, JJ.A.) CIVIL APPEAL NO. 292 OF 1997 BETWEEN SAMUEL NGURE GATHII.......................................APPELLANT AND JOSEPHINE WANJIRU MBUGUA................................RESPONDENT (Being an appeal from the judgment of the High Court of Kenya at Nairobi (Hon.

appeal is allowedAllowed6 min read

Judgment[1997] KECA 19620 October 1997

Machakos Ranching Company Limited v Joseph Kyalo Mutiso & another

Court of Appeal at NairobiOsiemo,JUDGE APPEAL,Joseph Kyalo Mutiso,Waema Itumo Muoka,Mwangangi,MasikaCivil Appeals numbered 96 of 1996

Division and case type: CivilCivil Appeals numbered

& Pall JJ.A) on the 22nd day of May, 1997 as, in both the appeals, the date on the copy of the orders appealed against did not coincide with the date of the order and as the order appealed against appeared to have been certified on a date subsequent to the filing of the appeal. For record purposes the applicant in both applications before me is the same party, that is, Machakos Ranching Company Limited but the respondents are different.

4 min read

Judgment[1997] KECA 26314 October 1997

Kenya Cement Marketing Limited v James G.K. Njoroge t/a Baraka Tools and Hardware

Court of Appeal at Nairobijudge should excused Mr,judge Mr,JUDGE APPEAL,Justice,James,Wamalwa,Wamalwa Mr,Ibrahim,Ibrahim asking MrCase number Civil Appeal 75 of 1997

Division and case type: CivilCivil Appeal

REPUBLIC OF KENYA IN THE COURT OF APPEAL AT NAIROBI (CORAM: TUNOI, SHAH & PALL, JJ.A.) CIVIL APPEAL NO. 75 OF 1997 BETWEEN KENYA CEMENT MARKETING LIMITED............................................APPELLANT AND JAMES G.K.

Judgment[1997] KECA 32913 May 1997

EDWARD RIITHO & 3 OTHERS v EDWARD RIITHO

Court of Appeal at NairobiAluoch,JUDGE APPEAL,Akhaabi

Division and case type: GeneralUnclassified

REPUBLIC OF KENYA IN THE COURT OF APPEAL AT NAIROBI (CORAM: LAKHA, J.A. (IN CHAMBERS) (CIVIL APPLICATION NO.

3 min read

Judgment[1997] KECA 1925 May 1997

MACHAKOS DISTRICT CO-OPERATIVE UNION LIMITED v PHILIP NZUKI KIILU

Court of Appeal at NairobiOsiemo,JUDGE APPEAL,Mwangangi,LakichaCivil Appeal No. 182 of 1994

Division and case type: CivilCivil Appeal

IN THE COURT OF APPEAL AT NAIROBI CIVIL APPEAL NO. 182 OF 1994 MACHAKOS DISTRICT CO-OPERATIVE UNION LIMITED……….........APPELLANT AND PHILIP NZUKI KIILU…………………....................................................RESPONDENT (Appeal from a judgment of the High Court of Kenya at Machakos (Honourable Mr.

1 min read

Judgment[1997] KECA 27720 April 1997

CHARLES WANJAU KARIMI v REPUBLIC

Court of Appeal at NairobiJUDGE APPEAL,JusticeCriminal Case 5 of 2018

Division and case type: CriminalCriminal Case

REPUBLIC OF KENYA IN THE COURT OF APPEAL AT NAIROBI (CORAM: OMOLO, LAKHA JJ.A. J.A.) CRIMINAL APPLICATION NO.

1 min read