Kenyan case law

Bunyasi v County Returning Officer Busia County, Lazarus Chebii & 3 others (Election Petition E002 of 2022) [2022] KEHC 14156 (KLR) (25 October 2022) (Ruling)

✦ Court orders the custody of all electoral materials to remain with the 1st and 2nd respondents, places additional seals on ballot boxes, and grants leave to file affidavits regarding assisted voters.

Guardian Bus Services Limited v Njwe (Civil Appeal E112 of 2021) [2022] KEHC 14492 (KLR) (25 October 2022) (Ruling)

✦ The Appellant's application for an order for stay of execution pending appeal was allowed, but with conditions. The Appellant was required to deposit Kshs 2,000,000 into an interest earning account in the joint names of the advocates for the parties within 30 days from the date of the ruling.

In re Estate of Abdulrehman Mohamed Mohamed Hatimy (Deceased) (Succession Cause 124 of 1999) [2022] KEHC 14901 (KLR) (25 October 2022) (Ruling)

✦ The 1st applicant has locus standi to bring the application and the grant issued on 17th September, 2007 should be revoked.

Aduogo v Credit Bank Limited (Civil Appeal 11 of 2022) [2022] KEHC 14319 (KLR) (25 October 2022) (Ruling)

✦ The appellant's notice of motion application for a stay of execution was not merited and was dismissed.

John Brown Shilenje t/a JB Shilenje & Company Advocates v Kenindia Assurance Company Limited (Miscellaneous Civil Application 97 of 2016) [2022] KEHC 14489 (KLR) (25 October 2022) (Ruling)

✦ The client’s reference application is allowed, and the upshot of this court’s decision is that the client’s reference application dated and filed on August 3, 2021 is merited and the same be and is hereby allowed in terms of prayer No (a), (b), (c) therein.

Ogola v Republic (Criminal Petition E020 of 2022) [2022] KEHC 14437 (KLR) (25 October 2022) (Judgment)

✦ Petition is dismissed due to lack of support and non-compliance with court orders.

Republic v Owiti (Criminal Case 21 of 2020) [2022] KEHC 14315 (KLR) (25 October 2022) (Ruling)

✦ The accused is hereby put on his defence.

Wanjiru & another v Republic (Criminal Appeal 144 of 2018) [2022] KEHC 14216 (KLR) (Crim) (25 October 2022) (Ruling)

✦ The court dismissed the application for bail pending second appeal, finding that the appeal has no high chances of success and that there are no exceptional circumstances warranting release on bail.

Gacheru Fredrick t/a Gacheru Homebest Transporters v EO (Minor suing through next friend and mother EA) (Civil Appeal E016 of 2020) [2022] KEHC 14493 (KLR) (25 October 2022) (Judgment)

✦ The appeal is allowed, and the judgment of the trial court is set aside. The respondent's suit is dismissed.

Mateba v Republic (Criminal Petition E007 of 2021) [2022] KEHC 14305 (KLR) (25 October 2022) (Judgment)

✦ This court found it prudent not to delve into the merits of the petition and transfers the case to Kakamega High Court.

Gacheru Fredrick t/a Gacheru Homebest Transporters v MA (Minor Suing through Next Friend and mother EA) (Civil Appeal E015 of 2020) [2022] KEHC 14480 (KLR) (25 October 2022) (Judgment)

✦ The appeal is allowed, and the judgment of the trial court is set aside. The respondent's suit is dismissed.

In re Estate of Damaris Nduta Gitau (Deceased) (Succession Cause 444 of 2011) [2022] KEHC 14406 (KLR) (Family) (25 October 2022) (Ruling)

Multiple Hauliers E.A Ltd v Avic Jac Motors E.A Ltd (Civil Appeal E021 of 2022) [2022] KEHC 14804 (KLR) (25 October 2022) (Ruling)

✦ The court grants a stay of execution and all consequential orders pending the hearing and determination of the appeal.

Mabuka v Republic (Criminal Miscellaneous Application E141 of 2021) [2022] KEHC 14390 (KLR) (Crim) (25 October 2022) (Ruling)

✦ The court rejects the applicant's request to have the period spent in custody accounted for in her sentence and declines to reduce the sentence.

Obange & another v Oganyo & 4 others (Civil Appeal E033 of 2021) [2022] KEHC 14401 (KLR) (25 October 2022) (Ruling)

✦ The High Court has appellate jurisdiction over the Magistrate's Court in succession matters, and an appeal lies to the High Court from the Magistrate's Court. No appeal lies to the Court of Appeal from the High Court in succession matters.

Ngumbao v Republic (Criminal Appeal E023 of 2021) [2022] KEHC 14698 (KLR) (25 October 2022) (Judgment)

✦ The court found that the charge sheet was not defective, the prosecution did not fail to call the doctor who filled the P3 form, and the prosecution proved its case beyond all reasonable doubt. The sentence was lawful.

State v Otieno & 2 others (Criminal Case E029 of 2021) [2022] KEHC 14386 (KLR) (24 October 2022) (Judgment)

✦ The court found that the prosecution has not proven the guilt of the accused persons beyond reasonable doubt to warrant a conviction for murder.

In re Estate of Katheke Kavila (Deceased) (Succession Cause 654 of 2012) [2022] KEHC 14475 (KLR) (24 October 2022) (Judgment)

✦ The 3rd Administrator is not a co-wife, and the estate should be divided into two equal shares, one for the 3rd Administrator and one for the other beneficiaries.

Taifa v Republic (Criminal Appeal E018 of 2022) [2022] KEHC 14402 (KLR) (24 October 2022) (Resentence)

✦ The court reduces the sentence from 20 years to 10 years, taking into account the appellant's good character and behavior in prison

Dayalji v Dayalji & 2 others (Civil Case 198 of 2010) [2022] KEHC 14461 (KLR) (24 October 2022) (Ruling)

✦ The court allowed the plaintiff's application and granted leave to file a supplementary affidavit.

In re Estate of the Late Joab Odero alias Joab Odero Odero (Deceased) (Succession Cause 227 of 1993) [2022] KEHC 14167 (KLR) (24 October 2022) (Ruling)

✦ The 2nd Administrator's application is allowed, and the Respondent is ordered to vacate the subject property.

State v Omondi & another (Criminal Case E033 of 2021) [2022] KEHC 14403 (KLR) (24 October 2022) (Ruling)

✦ The court finds that the accused have a case to answer and are placed on their defence.

Republic/State v Murage (Criminal Case 24 of 2019) [2022] KEHC 14444 (KLR) (24 October 2022) (Ruling)

✦ The court finds that the accused committed the criminal offense of murder and places her on her defense.

Makaa v Republic (Criminal Petition E057 of 2021) [2022] KEHC 14182 (KLR) (24 October 2022) (Judgment)

✦ The court allows the petitioner's petition for review of sentence and sets him free with a remission of sentence.

Mwamisi the Chairman Maliku Location Development Committee v Manager C.D.F. Kitui Rural Constituency & 4 others (Constitutional Petition E003 of 2020) [2022] KEHC 14335 (KLR) (24 October 2022) (Ruling)

✦ The petition is struck out due to the existence of a parallel suit and the abuse of court process.