Kenyan case law

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.

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.

Joseph Njoroge Ndichu v Republic [2020] KEHC 3568 (KLR)

✦ The court found the evidence insufficient to support the convictions and reversed the original conviction.

Joseph Kitheka Muindi v Republic [2020] KEHC 3549 (KLR)

✦ The mandatory death sentence for robbery with violence is unconstitutional as it denies the court its discretion in sentencing.

In re ZJA & TA (Minors) [2020] KEHC 3372 (KLR)

✦ Appellant is not entitled to committal to civil jail for contempt of court as the Magistrate's Act, 2015 gives magistrates unlimited jurisdiction to punish for contempt arising out of their decisions.

Kenyan Alliance Insurance Company Limited v Naomi Wambui Ngira & another (Suing as the legal representatives and administrators of the Estate of Nelson Macharia Maina (Deceased) [2020] KEHC 3540 (KLR)

✦ The court holds that the decretal sum is still in the possession of Wangai Nyuthe & Co. Advocates and directs them to return the funds to the joint account.

Daniel Mukwa Job v Republic [2020] KEHC 3518 (KLR)

Republic v Ezra Muthamia & 3 others [2020] KEHC 3561 (KLR)

✦ All the accused are granted bond

Geofrey Mutethia & 2 others v Republic [2020] KEHC 3559 (KLR)

✦ Mistrial declared, conviction and sentence set aside, appellants to be retried

In re Estate of John Mulwa Nzioki (Deceased) [2020] KEHC 3589 (KLR)

✦ The court retains the discretion to determine the person or persons to whom a grant of letters of administration shall be made, guided by the order of preference provided in the Law of Succession Act. The court cannot bar a person who is entitled to petition for grant from doing so on the basis of lack of a consensus.

Republic v Wilfred Muchui [2020] KEHC 3550 (KLR)

✦ The application for bond is allowed and the accused is admitted to bond with a bond of Kshs. 200,000/= and a surety of a similar amount.

Charles Mbugua Njuguna v Director of Public Prosecutions & 4 others [2020] KEHC 3419 (KLR)

✦ The application is not time barred, and leave to institute Judicial Review proceedings is granted.

Mark Simiyu Wanyonyi v Republic [2020] KEHC 3554 (KLR)

✦ The conviction is quashed and the sentence set aside.

Julius Mzee Kabuchanga v Republic [2020] KEHC 3543 (KLR)

✦ The appeal on conviction fails, and the life sentence is set aside and replaced with a 20-year sentence.

Republic v Martin Kirimi Daniel [2020] KEHC 3548 (KLR)

✦ The application for bond is allowed, and the accused is released on a personal bond of Kshs. 300,000 with a surety of a similar amount.

Republic v Director of Criminal Investigations & 2 others Exparte Pearlyne Chiema Edel Omamo; Gideon Kioko Mutungi & another (Interested Parties) [2020] KEHC 3352 (KLR)

✦ The 1st Interested Party (Mutungi) is properly joined in the proceedings as he is directly affected by the decision of the court.

Republic v Loyford Munene [2020] KEHC 3534 (KLR)

✦ The application is meritorious and the accused is allowed bond on certain terms.

In re Estate of John Gichia Macharia (Deceased) [2020] KEHC 3410 (KLR)

✦ The court did not recuse itself, finding no reasonable grounds for recusal based on the provided grounds.

Paul Kimathi M’itonga v Republic [2020] KEHC 3535 (KLR)

✦ The mandatory death sentence for robbery with violence is unconstitutional as it denies the court its discretion in sentencing.

Jackson Kimathi Marete v Republic [2020] KEHC 3528 (KLR)

✦ The court dismisses the petition and upholds the death sentences.

Collogne Investments Limited v Bank of Africa Kenya Limited; Nakumatt Holdings Limited (Under Administration) (Proposed Interested Party) [2020] KEHC 10009 (KLR)

✦ The court denied the injunction application, stating that the bank should not be restrained due to the dispute of the amount due and that the charged property is security for other banks.

Charles Kithinji v Sham Satish Wason, OCS Meru Police Station, Principal Secretary Ministry of Interior & Attorney General [2020] KEHC 3539 (KLR)

✦ The appeal is dismissed with costs

In re Estate of M’kirigia M’Kagwika (Deceased) [2020] KEHC 3532 (KLR)

✦ The court finds that the suit land was part of the deceased's estate and not a gift to the appellant and his brother. The court dismisses the appeal.

Abdaala Mutethia & another v Republic [2020] KEHC 3546 (KLR)

✦ The appeal is meritorious and the conviction is quashed. The appellants are set at liberty.

Assets Recovery Agency v Abdi Mohamed Ali & another [2020] KEHC 3231 (KLR)

✦ The preservation orders are upheld as the applicants have not satisfied the criteria for rescission or varying of the impugned orders.