Kenyan case law

Kaluma v Standard Group Limited & 3 others (Civil Suit 235 of 2018) [2025] KEHC 16632 (KLR) (Civ) (13 November 2025) (Judgment)

✦ The court found the publications to be defamatory.

Muthini v Muthini & another (Succession Cause 124 of 2010) [2025] KEHC 16809 (KLR) (13 November 2025) (Ruling)

✦ The court finds that it has jurisdiction to review the ruling, but the Applicants have not established any error apparent on the face of the record. The court also finds that the Applicants have not satisfied the conditions for adducing new evidence.

JWI v Republic (Criminal Revision 22 of 2025) [2025] KEHC 16613 (KLR) (13 November 2025) (Ruling)

✦ The application for revision of sentence is hereby declined. The sentence of fifteen (15) years imprisonment shall stand.

Ungai v Speaker, County Assembly of Kakamega & 2 others; County Assembly of Kakamega (Interested Party) (Constitutional Petition E001 of 2024) [2025] KEHC 17036 (KLR) (13 November 2025) (Judgment)

✦ The Court finds the petition within jurisdiction and issues declarations and orders regarding the legality of the session and suspension.

Ntongai v Republic (Criminal Appeal E32 of 2025) [2025] KEHC 16455 (KLR) (13 November 2025) (Judgment)

✦ The twenty (20) year sentence imposed by the trial court will be deemed to have commenced on 15th December, 2016, when the appellant was first remanded in custody.

LNW v Kumba & another; Kenya Medical Practitioners and Dentist Council (Interested Party) (Petition E366 of 2023) [2025] KEHC 16534 (KLR) (Constitutional and Human Rights) (13 November 2025) (Judgment)

✦ The Court has jurisdiction to entertain the suit.

Mohamed & another v Republic (Criminal Miscellaneous Application E098 of 2024) [2025] KEHC 16703 (KLR) (13 November 2025) (Ruling)

✦ The Court lacks jurisdiction to review the sentence as it was imposed by a judge of concurrent jurisdiction after an appeal was concluded.

Mohamed v Alio a.k.a. Ahmed Maalim Hassan a.k.a. Ali Barre & 2 others; United Progressive Alliance Party (Interested Party); Ministry of Interior and National Administration State Department for Immigration and Citizen Services Directorate of Immigration Services (Intended Interested Party) (Petition E685 of 2025) [2025] KEHC 16538 (KLR) (Constitutional and Human Rights) (13 November 2025) (Ruling)

✦ The Court held that the Petitioner's Supporting Adavit is incompetent due to the lack of proper sealing and marking of annexures, and that the doctrine of exhaustion of remedies does not apply.

Sonko v Kibicho & 6 others; Orange Democratic Movement & another (Interested Parties) (Petition E039 of 2021) [2025] KEHC 16533 (KLR) (Constitutional and Human Rights) (13 November 2025) (Ruling)

✦ The court has closed the file due to the petitioner's repeated failures to attend court or comply with previous directions.

Pili Management Consultants Limited v China Fushun No 1 Building Engineering Company Limited (Miscellaneous Application E470 of 2022) [2025] KEHC 16714 (KLR) (Commercial and Tax) (13 November 2025) (Ruling)

✦ This Court has no jurisdiction to grant the orders sought; it has no powers to grant leave to appeal; and having recognized and enforced the final award, it thereafter became functus ocio.

Muthoga v Republic (Criminal Revision E092 of 2023) [2025] KEHC 16605 (KLR) (13 November 2025) (Ruling)

✦ Application for revision of the 10-year sentence to a non-custodial sentence is dismissed. The applicant will serve the remaining period of the 10-year sentence.

Ondara v Director of Public Prosecutions (Criminal Miscellaneous Application E008 of 2025) [2025] KEHC 18366 (KLR) (13 November 2025) (Ruling)

✦ The court lacks jurisdiction to entertain a resentencing application where the sentence has already been affirmed on appeal by another Judge of concurrent jurisdiction.

Gichuki & another v Warutere t/a Warutere Advocates (Miscellaneous Application E009 of 2025) [2025] KEHC 17218 (KLR) (13 November 2025) (Ruling)

✦ Leave is granted for the applicant to file appeal out of time and to sue as a pauper. A stay of execution is granted pending the appeal. An inhibition is issued over the land parcel.

Hafrow v Republic (Miscellaneous Criminal Application E040 of 2025) [2025] KEHC 16502 (KLR) (13 November 2025) (Ruling)

✦ The application is dismissed as the sentence is not excessive nor harsh and the trial court properly exercised its discretion.

Munene v Republic (Criminal Revision E021 of 2025) [2025] KEHC 16454 (KLR) (13 November 2025) (Sentence)

Republic v Shivachi & 2 others (Criminal Case E041 of 2023) [2025] KEHC 16699 (KLR) (13 November 2025) (Sentence)

✦ Accused 1 to serve 30 years imprisonment, Accused 2 and Accused 3 to serve 7 years imprisonment.

Osho Chemicals Industries Limited v Attorney General & 2 others; Mitchell Cotts (K) Limited & 3 others (Interested Parties) (Petition E202 of 2022) [2025] KEHC 16532 (KLR) (Constitutional and Human Rights) (13 November 2025) (Ruling)

✦ The Court did not manifestly intend to award exemplary and punitive damages, interest, and loss of profits. The Court's judgment will not be corrected, but the compensation amount will be apportioned equally between the 2nd and 3rd Respondents.

Republic v Gachuru alias Mariko (Criminal Case E017 of 2025) [2025] KEHC 16572 (KLR) (13 November 2025) (Ruling)

✦ The application for bail is dismissed.

In re Estate of the Late Peter Muthee Mwangi alias Joshua alias PJ (Deceased) (Succession Cause 118 of 2017) [2025] KEHC 19716 (KLR) (13 November 2025) (Ruling)

✦ The court granted the application, reviewing the Letters of Administration Intestate and Certificate of Confirmation of Grant to remove RWM as a co-administrator and reflect AMK as the sole administrator.

Standard Chartered Bank Kenya Limited & another v Oluoch (Civil Appeal E208 of 2024) [2025] KEHC 16781 (KLR) (13 November 2025) (Judgment)

✦ The order granting the interlocutory injunction is set aside, and the Respondent's amended notice of motion for interlocutory injunction is dismissed with costs to the Appellant.

Koto, Speaker County Assembly of Isiolo & 9 others v County Assembly of Isiolo & 5 others; Government Printer & 15 others (Interested Parties) (Petition E007 of 2025) [2025] KEHC 16424 (KLR) (Constitutional and Human Rights) (13 November 2025) (Judgment)

✦ The court declared the Isiolo County Appropriation Act, 2025 unconstitutional, null, and void ab initio for failure to comply with mandatory provisions of Articles 10, 174, 185, 196, and 201 of the Constitution of Kenya.

Ali v Republic (Criminal Appeal E015 of 2025) [2025] KEHC 16328 (KLR) (13 November 2025) (Judgment)

✦ The conviction is quashed and the sentence set aside

PKK v MCK (Matrimonial Cause E012 of 2024) [2025] KEHC 16953 (KLR) (13 November 2025) (Judgment)

✦ The court does not have jurisdiction to enforce the consent in Thika Children’s Case No. 163 of 2012. The properties in Juja South Estate and Gatiiguru area are not matrimonial properties. The respondent is not entitled to a 50% share of the said properties.

Kirui v Hadulo & another (Civil Appeal E088 of 2024) [2025] KEHC 16466 (KLR) (13 November 2025) (Judgment)

✦ The Small Claims Court had jurisdiction to hear and determine the appellant's claim for compensation for personal injuries.

Onchwari v Director of Public Prosecutions (Criminal Appeal E049 of 2024) [2025] KEHC 18544 (KLR) (13 November 2025) (Judgment)

✦ The conviction for arson is unsafe as the identity of the perpetrator was not proved beyond reasonable doubt. The conviction for forcible detainer is also unsafe as the prosecution failed to prove the charge beyond reasonable doubt.