Kenyan case law
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Mbagu v Haji (Civil Appeal 62 of 2021) [2022] KEHC 17274 (KLR) (26 October 2022) (Ruling)
✦ The court found that the learned magistrate erred in awarding Kshs. 650,000 in general damages and Kshs. 156,000 in future medical costs.
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Mbugua v Republic (Criminal Revision E128 of 2022) [2022] KEHC 14799 (KLR) (26 October 2022) (Ruling)
✦ The application for sentence review is rejected and dismissed as the sentence is not illegal, incorrect, or improper
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Mbugua v Nursing Council of Kenya (Civil Appeal E390 of 2022) [2022] KEHC 14495 (KLR) (Civ) (26 October 2022) (Ruling)
✦ The court grants the stay of execution of the order pending the hearing and determination of the appeal.
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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.
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Maina v Mwangi & another (Probate & Administration 5 of 2019) [2022] KEHC 14263 (KLR) (26 October 2022) (Judgment)
✦ The court held that the appellant had no capacity to bring the application as she was not a beneficiary to the estate of the deceased and that she could only lay a claim to the estate through her husband.
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Republic v Mboya & another (Criminal Case E029 of 2021) [2022] KEHC 14352 (KLR) (26 October 2022) (Ruling)
✦ The court finds that the prosecution has not established a prima facie case against the accused and accordingly acquits them of the offence of murder.
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In re Estate of Samuel Munyau Nguku (Deceased) (Succession Cause 1138 of 2007) [2022] KEHC 14235 (KLR) (Family) (26 October 2022) (Ruling)
✦ The previous judgments are set aside and the applicant is awarded the full 4 acres of the deceased's property.
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Mwangi v Maina (Probate & Administration Appeal 4 of 2020) [2022] KEHC 14303 (KLR) (26 October 2022) (Judgment)
✦ The court found that there was no evidence of customary marriage between the respondent and the deceased, and thus the respondent's claim to be a wife was not proven.
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In re Estate of Louis Gachimbi Nderitu (Deceased) (Succession Cause 37 of 2019) [2022] KEHC 14405 (KLR) (Family) (26 October 2022) (Ruling)
✦ The application is dismissed. The 1st respondent's costs shall be borne by the applicant.
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Gichui v Republic (Criminal Revision E139 of 2022) [2022] KEHC 14729 (KLR) (26 October 2022) (Ruling)
✦ The court exercises its revisionary powers under sections 362 and 364 of the Criminal Procedure Code to set aside the five (5) year custodial sentence and substitute it with a two (2) year custodial sentence.
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Okuta v Republic (Criminal Petition E049 of 2021) [2022] KEHC 14590 (KLR) (26 October 2022) (Ruling)
✦ The death sentence is upheld and the petition is dismissed
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In re Estate of Nataverbhai Prabhudas Vallabh Patel (Succession Cause 3097 of 2011) [2022] KEHC 14204 (KLR) (Civ) (26 October 2022) (Ruling)
✦ The court stays the proceedings to allow the ELC Court to determine the ownership of LR No. 15005/5 (IR No. 68597/1) located in Spring Valley.
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Muthee v Ndegwa & another (Civil Appeal E018 of 2021) [2022] KEHC 14345 (KLR) (26 October 2022) (Ruling)
✦ The court granted the stay of execution
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In re Estate of Kamau Nduti (Deceased) (Succession Cause 1773 of 2010) [2022] KEHC 14408 (KLR) (Family) (26 October 2022) (Ruling)
✦ The court holds that Ngenda/Kahunguini/1274 does not belong to the estate of the deceased and that the respondents cannot sell estate property without the administratrices' consent.
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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.
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In re Estate of Kamau Kimiti alias Kamau Kemiti (Deceased) (Succession Appeal 3 of 2020) [2022] KEHC 14258 (KLR) (26 October 2022) (Judgment)
✦ The court held that the deceased had not distributed the suit land to the parties before his disappearance.
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Republic v Gitari (Criminal Case 16 of 2019) [2022] KEHC 14466 (KLR) (26 October 2022) (Ruling)
✦ The court found that the prosecution has made a prima facie case and that the accused has a case to answer, thus placing him on his defence.
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George Miyare t/a Miyare & Company Advocates v Elsek & Elsek Construction Limited (Miscellaneous Application 33 of 2018) [2022] KEHC 14451 (KLR) (Judicial Review) (26 October 2022) (Ruling)
✦ The preliminary objection is dismissed.
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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.
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Otieno v Republic (Criminal Petition 14 of 2020) [2022] KEHC 14592 (KLR) (26 October 2022) (Ruling)
✦ The court dismisses the petition for resentencing due to non-compliance with court directions and orders to file copies of court proceedings from the trial court and Court of Appeal.
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Leshan v Republic (Miscellaneous Criminal Application E114 of 2022) [2022] KEHC 14409 (KLR) (26 October 2022) (Ruling)
✦ The application is dismissed as the applicant does not exist in the court records and the application is deemed stray and devoid of merit.
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Gituku v Gathui & another (Miscellaneous Application E004 of 2021) [2022] KEHC 14285 (KLR) (26 October 2022) (Ruling)
✦ The court denied the applications.
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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.
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Mdandando t/a Maendeleo Imani Hotel v Hare (Civil Appeal 71 of 2021) [2022] KEHC 17171 (KLR) (26 October 2022) (Judgment)
✦ The appeal is dismissed for want of merit.
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Mbura v Republic (Criminal Appeal E029 of 2022) [2022] KEHC 14626 (KLR) (26 October 2022) (Judgment)
✦ The conviction and sentence are quashed and the case is remitted to a different magistrate for retrial.