Kenyan case law

County Government of Turkana v Winston International Limited [2020] KEHC 3388 (KLR)

✦ The service of the summons was proper, the default judgment was upheld, and the matter was not referred to arbitration.

Nancy Wakuthii Kago v Julia Muthoni Kiura [2020] KEHC 3517 (KLR)

✦ The court granted the stay of execution of the orders made on 17/09/2020 in HC Civil Appeal No. 8 of 2019, finding the applicant's inability to raise the required security was not a valid reason for the stay.

Dennis K N Magare & another v Parminder Singh Manku [2020] KEHC 3414 (KLR)

In the Matter of PWK [2020] KEHC 3512 (KLR)

✦ The court appointed the petitioners as guardians and managers of PWK's estate.

Noble Resources International PTE Limited v Kitmin Holdings Limited; Shamit Varma & another (Interested Parties) [2020] KEHC 3538 (KLR)

✦ The court does not order security for costs and dismisses the application to strike out the liquidation petition.

Peter Muchiri Njuguna v David Njuguna Muiruri [2020] KEHC 3506 (KLR)

✦ The court dismissed the appeal and upheld the trial court's finding that the appellant was 100% liable for the accident.

Posco International Corporation v Mayfair Insurance Company Limited [2020] KEHC 3417 (KLR)

✦ The Court grants the Defendant's application for security of costs in the amount of Ksh 3,000,000 within 90 days.

Professional Consultants Limited v SBM Bank (Kenya) Limited [2020] KEHC 10012 (KLR)

✦ The Court allows the Notice of Motion and restrains the Bank from exercising its statutory power of sale in respect of the suit property unless it issues a fresh statutory notice.

Republic v Independent Electoral and Boundaries Commission & another; Jessica Nduku Mbalu (Interested Party); Ex Parte Phillip Kaloki [2020] KEHC 3343 (KLR)

✦ The Court found that the decision of the Electoral Code of Conduct Committee was not tainted with illegality, irrationality, or procedural impropriety.

Boleyn Magic Wall Panel Ltd v Nesco Services Ltd [2020] KEHC 3537 (KLR)

✦ The application to set aside the arbitral award is dismissed as the applicant did not file the application within the 90-day period prescribed by section 35(3) of the Arbitration Act.

Kenya Pharmaceutical Association, Patrick Oduor Adera & Peter Atandi Mogere v Chitechi Amboka, Williamson Chumba, Joel Chege & Fredrick Kiio (Judicial Review Application E052 of 2020) [2020] KEHC 3362 (KLR) (Civ) (17 August 2020) (Ruling)

✦ The ex parte Applicants are entitled to the leave sought to commence judicial review proceedings against the Respondents.

Republic v Public Procurement Administrative Review Board Ex parte Kenya Power & Lighting Company Limited; Energy Sectors Contractors Association & Zoec-Zhepedc-Nginu (Interested Parties) (Miscellaneous Civil Application 36 of 2020) [2020] KEHC 10455 (KLR) (Judicial Review) (14 August 2020) (Judgment)

✦ The court held that the alleged breach occurred on 30th August 2019, not on 24th December 2019, and thus the first Interested Party's Request for Review was not time barred.

Obamana Travellers Sacco v Kenol Kobil PLC & another [2020] KEHC 10011 (KLR)

✦ The Plaintiff's request for a mandatory injunction is dismissed as the termination of the Licence was completed once the Defendant took over the premises.

OGM (Suing as the father of KGW) v FG & another [2020] KEHC 3339 (KLR)

✦ The application for stay of execution pending appeal has no merit as the applicants have not established sufficient cause, substantial loss, or the application was made without unreasonable delay.

Republic v Francis Mugo Wangeci [2020] KEHC 3337 (KLR)

✦ The court grants the application for bail, allowing the accused to be released on bond pending the hearing and determination of the case.

Margaret Gacigi Gecaga v Udi Mareka Gecaga & another [2020] KEHC 3369 (KLR)

✦ The application has no merit and is dismissed.

Anastacia Wangechi Mbau v Uniconsult (Kenya) Limited; Eustace Kithinji Mutea & another (Interested Parties) [2020] KEHC 10007 (KLR)

✦ Order for stay of execution pending appeal

Margaret Madaraka Oduk v Standard Chartered Bank Kenya Limited & another [2020] KEHC 3560 (KLR)

✦ The Plaintiff has not made out a prima facie case with a probability of success and the Notice of Motion is dismissed.

Republic v David Gitari Karoki [2020] KEHC 3250 (KLR)

✦ The court finds that a prima facie case has been established to warrant the accused to be put on his defence.

Lucy Wangari Kamau & 13 others v Muga Developers Limited [In Receivership] & 7 others [2020] KEHC 10004 (KLR)

✦ The application for an interlocutory injunction is dismissed with costs to the 4th defendants. The 7th defendant is struck out from the suit with costs.

Mombasa Maize Millers Limited & another v Kibunei Kipkosgei [2020] KEHC 1811 (KLR)

✦ Leave to appeal out of time is granted, stay of execution is granted pending the appeal, and the disputed sum of Kshs. 1,800,000/= is deposited in a joint interest earning account

Director of Public Prosecution v SWW [2020] KEHC 3342 (KLR)

✦ The accused is found guilty of murder and sentenced to life imprisonment.

Republic v Joseph Mwaniki Kariuki [2020] KEHC 3215 (KLR)

✦ A prima facie case to the charge of murder is proved by the inference of the three elements of the offence as set out in Section 203 of the Penal Code.

Republic v Ernest Kamu Njoroge [2020] KEHC 3341 (KLR)

✦ The court denies the application and orders that the accused be remanded in custody until the case is finalized.

Republic v Dickson Githinji Njeru [2020] KEHC 3338 (KLR)

✦ The court finds there are no compelling reasons to deny the accused person his right to bail and orders him to be released on bond/bail.