Kenyan case law
-
In re Mukoyani Toli & (Deceased) (Succession Cause 98 of 2000) [2022] KEHC 14535 (KLR) (27 October 2022) (Judgment)
✦ The grant of letters of administration was not obtained fraudulently, and the grant should not be revoked or annulled.
-
Juma v Republic (Miscellaneous Criminal Application E013 of 2022) [2022] KEHC 14433 (KLR) (27 October 2022) (Ruling)
✦ The application is dismissed as it is devoid of any substance and the applicant can file another application once he gets the proceedings.
-
Munyang’a v Republic (Criminal Appeal E002 of 2021) [2022] KEHC 14908 (KLR) (27 October 2022) (Judgment)
✦ The conviction and sentence are upheld. The evidence against the appellant was overwhelming, and his defense was shallow.
-
Mwiti v Bank of Baroda (Civil Case E029 of 2021) [2022] KEHC 14636 (KLR) (27 October 2022) (Ruling)
✦ The amendment is allowed as it does not cause injustice to the respondent.
-
Oima v Republic (Criminal Appeal E034 of 2021) [2022] KEHC 14415 (KLR) (27 October 2022) (Judgment)
✦ The conviction and sentence are quashed due to a mistrial caused by the trial magistrate's failure to conduct a voir dire examination on the child's competency. The appellant is ordered to be produced for retrial before any other magistrate.
-
Gwendo v Republic (Miscellaneous Criminal Application E070 of 2021) [2022] KEHC 14582 (KLR) (27 October 2022) (Ruling)
✦ The application is dismissed as devoid of any material and substance.
-
Kara (Suing as the Legal Representative of the Estate of Peter Kara Nduati (Deceased)) v Chiira (Civil Appeal E142 of 2021) [2022] KEHC 14424 (KLR) (27 October 2022) (Judgment)
✦ The appeal is dismissed with costs to the Respondent assessed at Kshs. 40,000.00 only.
-
Kimani v Kabao & another (Civil Appeal E021 of 2020) [2022] KEHC 14301 (KLR) (27 October 2022) (Judgment)
✦ The Respondent is 100% liable for the accident, and the Appellant is not liable for any part of the accident.
-
Republic v Opiyo (Criminal Case 35 of 2018) [2022] KEHC 14449 (KLR) (27 October 2022) (Judgment)
✦ The accused is found guilty of murder.
-
Obimba v Republic (Criminal Petition E011 of 2021) [2022] KEHC 14585 (KLR) (27 October 2022) (Ruling)
✦ The petition is dismissed as it is devoid of any substance
-
Republic v Serem (Criminal Case 68 of 2017) [2022] KEHC 14368 (KLR) (27 October 2022) (Judgment)
✦ The accused is found guilty of murder and is convicted under Section 322(1) of the Criminal Procedure Code
-
Mwangi v Republic (Miscellaneous Criminal Petition E089 of 2021) [2022] KEHC 14704 (KLR) (27 October 2022) (Judgment)
✦ The court lacks jurisdiction to entertain the question of conviction and resentencing, the computation of sentence provided by section 333(2) CPC in a matter heard and determined by a similar court and lacks appellate powers to hear and determine the appeal.
-
Peris & another v Kiilu & another (Civil Appeal 378 of 2018) [2022] KEHC 14468 (KLR) (Civ) (27 October 2022) (Judgment)
✦ The appeal is dismissed as the respondent failed to discharge the burden of proof.
-
Oyugi v Republic (Criminal Petition E018 of 2022) [2022] KEHC 14588 (KLR) (26 October 2022) (Judgment)
✦ The court resents the Petitioner to serve 15 years imprisonment, taking into account the period he was in remand custody.
-
Odato v Republic (Miscellaneous Criminal Application E139 of 2022) [2022] KEHC 14554 (KLR) (26 October 2022) (Ruling)
✦ The court dismissed the application as the applicant was not in custody throughout the period of his trial.
-
Karanja v Republic (Criminal Revision E138 of 2022) [2022] KEHC 14734 (KLR) (26 October 2022) (Ruling)
✦ The sentence is set aside and substituted with a custodial sentence of two and a half years, with a personal bond of KES 100,000.
-
PMS v Republic (Criminal Appeal E013 of 2021) [2022] KEHC 14499 (KLR) (26 October 2022) (Judgment)
✦ The conviction and sentence are set aside, and the case is remanded for retrial.
-
Apiyo v Republic (Miscellaneous Criminal Application E134 of 2022) [2022] KEHC 14555 (KLR) (26 October 2022) (Ruling)
✦ The application is dismissed as devoid of merit.
-
Njeri & another v Republic (Criminal Revision E134 & E135 of 2022 (Consolidated)) [2022] KEHC 14730 (KLR) (26 October 2022) (Ruling)
✦ The default sentence of three years imprisonment is set aside and substituted with a period of twelve (12) months.
-
Republic v Aloo (Criminal Case E046 of 2021) [2022] KEHC 14450 (KLR) (26 October 2022) (Judgment)
✦ The accused was found guilty of murder.
-
In re Estate of Sheikh Kutbuddin Karimbahi alias Kutbudin Kurban Karimbahi (Deceased) (Succession Cause 756 of 1989) [2022] KEHC 14206 (KLR) (Family) (26 October 2022) (Ruling)
✦ The grant issued to the widow and respondent is revoked, and a new grant is issued to the applicant. Parcel LR No. 209/5084 is included in the new grant and will be owned jointly by all the deceased's children in equal shares.
-
Republic v Owii & 2 others (Criminal Case 21 of 2016) [2022] KEHC 14291 (KLR) (26 October 2022) (Judgment)
✦ The court found that the accused Owii and 2 others did not participate in beating the deceased.
-
Hassan v Republic (Criminal Appeal E083 of 2021) [2022] KEHC 14677 (KLR) (26 October 2022) (Judgment)
✦ The court held that the prosecution proved its case beyond reasonable doubt and that the trial magistrate did not convict on improbable circumstantial evidence. The court also found that the charge against the appellant was not defective and that the trial magistrate considered the appellant’s defense.
-
Oyieyo v Republic (Criminal Petition E036 of 2021) [2022] KEHC 14443 (KLR) (26 October 2022) (Judgment)
✦ The death sentence is set aside and the petitioner is sentenced to 35 years imprisonment.
-
Agai v Republic (Criminal Petition E034 of 2021) [2022] KEHC 14435 (KLR) (26 October 2022) (Ruling)
✦ The court dismisses the petition for non-compliance with court's directions given on February 15, 2022, to file a copy of judgment and proceedings from previous courts.