Kenyan case law
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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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Omollo v Republic (Miscellaneous Criminal Application E103 of 2022) [2022] KEHC 14412 (KLR) (26 October 2022) (Ruling)
✦ The application is dismissed as it is devoid of any merit
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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.
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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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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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Njeru v Mwoga (Civil Appeal E002 of 2022) [2022] KEHC 14514 (KLR) (26 October 2022) (Judgment)
✦ The grandchildren (Pauline Marigu and Josphat Ireri) are entitled to step into the shoes of their deceased mother and to receive a share of the estate along with the appellant.
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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.
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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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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 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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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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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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Kamau v Republic (Criminal Appeal 15 of 2019) [2022] KEHC 14735 (KLR) (26 October 2022) (Judgment)
✦ The custodial sentence is ordered to commence from the date of arraignment, July 8, 2016.
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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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Mjomba Agencies Limited v Leonard Munyua & Grace Simalo Sakunta t/a Munleo Hardware & Metal Fabricators (Civil Appeal E501 of 2021) [2022] KEHC 14496 (KLR) (Civ) (26 October 2022) (Ruling)
✦ The court grants the stay of execution on condition that the applicant deposits the decretal sum in court within one month from the date of the ruling.
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Ganda v Suba North Sub County Fisheries Officer (Miscellaneous Civil Application E003 of 2022) [2022] KEHC 14458 (KLR) (26 October 2022) (Ruling)
✦ The preliminary objection is dismissed with costs.
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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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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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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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SOG v Republic (Criminal Petition E006 of 2022) [2022] KEHC 14559 (KLR) (26 October 2022) (Ruling)
✦ The application is devoid of merit and is dismissed. The convict SOG is ordered to serve the full sentence of 20 years imprisonment.
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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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In re Estate of Joseph Gichanga Kimani (Deceased) (Succession Cause 1088 of 2005) [2022] KEHC 14229 (KLR) (Family) (26 October 2022) (Ruling)
✦ The respondent is ordered to release all the title documents to the Deputy Registrar of the Court within 21 days. If the respondent fails to release the documents, the relevant Land Registrar is authorized to proceed with the registrations. The applicant can sue the respondent for eviction and damages if their share is trespassed into or interfered with following the transmission.
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Ouma v Republic (Criminal Petition E045 of 2021) [2022] KEHC 14586 (KLR) (26 October 2022) (Judgment)
✦ Petitioner's petition is devoid of merit and is dismissed.
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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.
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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.