Kenyan case law
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Tumboseno v Republic (Criminal Petition E022 of 2021) [2022] KEHC 14380 (KLR) (21 October 2022) (Judgment)
✦ The mandatory 20-year sentence for delement is unconstitutional and the court has discretion to reduce the sentence.
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Directline Assurance Company Limited v Muchiri & another (Civil Appeal 157 of 2020) [2022] KEHC 14388 (KLR) (Civ) (21 October 2022) (Judgment)
✦ The appeal is dismissed with costs.
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In re Harmo Engineering & Building Contractors Limited (Insolvency Petition E048 of 2021) [2022] KEHC 14192 (KLR) (Commercial and Tax) (21 October 2022) (Ruling)
✦ The statutory demand is set aside as the debt was disputed on substantial grounds.
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Oginjo v Republic (Miscellaneous Criminal Application E137 of 2022) [2022] KEHC 14178 (KLR) (21 October 2022) (Ruling)
✦ The application is dismissed as the appeal against sentence is sham and the sentence imposed is lawful and below the minimum mandatory sentence stipulated in the Sexual Offences Act
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Mohamed & another v Isaak & another (Commercial Case E028 of 2021) [2022] KEHC 14197 (KLR) (Commercial and Tax) (21 October 2022) (Ruling)
✦ The application is dismissed with costs to the plaintiffs.
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Republic v Registrar of Companies; Nderitu & another (Exparte); Kedong Ranch Limited & another (Interested Parties) (Application 565 of 2017) [2022] KEHC 18099 (KLR) (Judicial Review) (21 October 2022) (Ruling)
✦ The application is dismissed with costs
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Aiko v Republic (Criminal Appeal E073 of 2021) [2022] KEHC 14232 (KLR) (Crim) (21 October 2022) (Judgment)
✦ The conviction and sentence on Counts II and III are set aside. The conviction and sentence on Count I are upheld.
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In re Estate of Michael Kipkosgei Kurgat (Deceased) (Probate & Administration 12 of 2011) [2022] KEHC 14047 (KLR) (21 October 2022) (Ruling)
✦ The application is granted as prayed with no orders as to costs.
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Miriti v Republic (Criminal Appeal E110 of 2021) [2022] KEHC 14107 (KLR) (21 October 2022) (Judgment)
✦ The court finds that the evidence proved the offence of delement beyond reasonable doubt. The court gives the accused the benefit of doubt and sentences him to 20 years imprisonment, which is within the minimum sentence provided by law.
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Deposit Protection Fund Board as Liquidator of Prudential Building Society (In Liquidation) v Kahumbura & 10 others (Miscellaneous Civil Application 685 of 2012) [2022] KEHC 14382 (KLR) (Commercial and Tax) (21 October 2022) (Ruling)
✦ The court upholds the objection and strikes out the application with costs awarded to the respondents.
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ALS Limited v Imperial Bank Ltd (Under Receivership) & 2 others (Civil Suit E825 of 2021) [2022] KEHC 14176 (KLR) (Commercial and Tax) (21 October 2022) (Ruling)
✦ The application is allowed as prayed
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Macharia v Edelvale Trust Jamaa Home & Mission Hospital (Civil Case 254 of 2018) [2022] KEHC 14118 (KLR) (Civ) (21 October 2022) (Judgment)
✦ The plaintiff's case is hereby ordered dismissed with costs to the defendant
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Starzone Office Supplies Limited v Credit Bank Limited & another (Civil Suit E298 of 2020) [2022] KEHC 14212 (KLR) (Commercial and Tax) (21 October 2022) (Ruling)
✦ The court dismisses the application to strike out the 2nd defendant's name from the proceedings, finding that the amended plaint does disclose a cause of action against the 2nd defendant and that the 2nd defendant is a significant party to the suit.
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Republic v Makotsi (Criminal Case 49 of 2016) [2022] KEHC 14186 (KLR) (21 October 2022) (Ruling)
✦ The accused person is put on his defence.
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Chore v Musalani (Civil Appeal 96 of 2019) [2022] KEHC 14184 (KLR) (21 October 2022) (Ruling)
✦ The advocate who filed the application was not compliant with the law as he did not have a valid practicing certificate. The application is allowed to be reinstated.
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Kimathi & 3 others v Ndolo (Civil Suit 135 of 2019) [2022] KEHC 14121 (KLR) (Civ) (21 October 2022) (Sentence)
✦ The defendant is sentenced to pay a fine of Ksh.50,000 within 7 days and in default, he should be apprehended and taken to custody to serve three (3) months in prison.
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In re Estate of Momanyi Oseko (Deceased) (Succession Cause E900 of 2020) [2022] KEHC 14913 (KLR) (Family) (21 October 2022) (Ruling)
✦ The application for amendment is allowed, and the prayers (ii) and (iii) of the notice of motion are granted.
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Juanco Contech Ltd v Triple Eight Construction (K) Ltd (Civil Case 117 of 2012) [2022] KEHC 14370 (KLR) (Commercial and Tax) (21 October 2022) (Judgment)
✦ The court finds that the balance of Kshs 1,800,000/= is due and owing to the plaintiff.
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Amin v ASL Credit Limited (Civil Appeal 102 of 2021) [2022] KEHC 14365 (KLR) (Commercial and Tax) (21 October 2022) (Ruling)
✦ The court overruled the preliminary objection and dismissed it.
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Mugo & another v Mwaura (Civil Appeal E558 of 2021) [2022] KEHC 14244 (KLR) (Civ) (21 October 2022) (Ruling)
✦ The motion is dismissed with costs as the Applicants have not demonstrated substantial loss and the appeal is not rendered nugatory.
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Apex Steel Limited v Tata Steel International (UK) Limited (Civil Appeal 205 of 2020) [2022] KEHC 14300 (KLR) (21 October 2022) (Judgment)
✦ The Appellant is found to have withheld paying the Respondent the balance of USD 75,060 from the two initial contracts without any justifiable reason.
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Sifa Insurance Brokers Limited v Kings Developers Limited (Miscellaneous Civil Application 145 of 2016) [2022] KEHC 14189 (KLR) (Commercial and Tax) (21 October 2022) (Ruling)
✦ The application for reinstatement is dismissed with costs.
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Kamau & another v Muhonja (Miscellaneous Application E405 of 2022) [2022] KEHC 14109 (KLR) (Civ) (21 October 2022) (Ruling)
✦ The court granted the appellants' request for an extension of time to appeal and a stay of execution pending the appeal.
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In re Estate of M'Mkiriti Mbwiria (Deceased) (Succession Cause 345 of 2015) [2022] KEHC 14239 (KLR) (21 October 2022) (Judgment)
✦ The grant of letters of administration is revoked, and a new grant is issued in the names of the applicant and the first respondent. The land parcels will revert to the estate of the deceased and be distributed equally between the two brothers.
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Protea Chemicals Kenya Ltd v General Plastics Limited; I & M Bank Limited (Objector); PVR Rao (Administrator) (Civil Case E118 of 2018 & Insolvency Cause E003 of 2021 (Consolidated)) [2022] KEHC 14213 (KLR) (Commercial and Tax) (21 October 2022) (Ruling)
✦ The administrator is ordered to provide a statement of affairs to the plaintiff within 14 days and to send a proposal to the creditors within 60 days of receiving the statement of affairs, and to call a creditors' meeting within 70 days of receiving the statement of affairs.