Kenyan case law
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Ngandu & another v Uwamba (Civil Appeal E375 of 2021) [2022] KEHC 14341 (KLR) (Civ) (21 October 2022) (Judgment)
✦ The court held that the appellants were not entitled to repossess the motor vehicle due to the absence of a property retention clause or security over the vehicle. The respondent was entitled to the amount paid for the vehicle and the costs incurred in the illegal repossession.
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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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Parklea & 4 others v Director of Public Prosecutions & another; Meriring & 2 others (Interested Parties) (Constitutional Petition E008 of 2021) [2022] KEHC 14250 (KLR) (21 October 2022) (Judgment)
✦ The court held that the lapse of time to amend and introduce new charges against the petitioners did not impact their fundamental rights, and the subsequent act by the state did not occasion an injustice or fairness of the trial.
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Republic v Musyoka (Criminal Case E018 of 2020) [2022] KEHC 14705 (KLR) (21 October 2022) (Sentence)
✦ The accused is sentenced to serve 20 years imprisonment.
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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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Said & another v Banda Homes Limted (Civil Suit E020 of 2021) [2022] KEHC 14265 (KLR) (Commercial and Tax) (21 October 2022) (Ruling)
✦ The Application is allowed, and the Applicant is directed to file the original Arbitral Agreement with the Court within 14 days.
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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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Republic v Osilu (Criminal Case 51 of 2021) [2022] KEHC 14106 (KLR) (21 October 2022) (Ruling)
✦ The court finds that the prosecution has not established a sufficient connection between the accused and the death of the deceased, and therefore, the accused is not guilty of murder.
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In re Estate of Edith Nduta Gichanga (Deceased) (Succession Cause 1626 of 2016) [2022] KEHC 14760 (KLR) (Family) (21 October 2022) (Judgment)
✦ Grant of Probate is revoked and the estate is distributed intestate
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In re Estate of Okoti Amakobe (Deceased) (Succession Cause 203 of 1990) [2022] KEHC 14040 (KLR) (21 October 2022) (Ruling)
✦ The application is dismissed as there is no merit to it and the estate has been distributed.
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Kangale v Republic (Miscellaneous Criminal Application E080 of 2022) [2022] KEHC 14709 (KLR) (21 October 2022) (Ruling)
✦ Mandatory life sentence is found to deprive the trial court of discretion in sentencing
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Republic v Shiboka (Criminal Case 35 of 2013) [2022] KEHC 14068 (KLR) (21 October 2022) (Ruling)
✦ The accused is placed at the scene by a sole witness, and the Republic has established a prima facie case against him.
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Kumari (Suing as Personal Representative of the Esate of Prieya Gandhi (Deceased) & another v Development Bank of Kenya Ltd & 2 others (Civil Case 422 of 2016) [2022] KEHC 14124 (KLR) (Commercial and Tax) (21 October 2022) (Ruling)
✦ The application is res judicata and the application is dismissed with costs.
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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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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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Menya Services Sacco Limited v Kinyanjui (Civil Appeal E069 of 2021) [2022] KEHC 14183 (KLR) (21 October 2022) (Judgment)
✦ The court allows the appeal and grants the appellant conditional leave to defend the claim upon payment of the admitted sum of Ksh 483,691 in 6 equal installments starting from July 31, 2021.
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In re Estate of Anne Chepngalo Chebii (Deceased) (Succession Cause 47 of 2013) [2022] KEHC 14037 (KLR) (21 October 2022) (Ruling)
✦ The court finds the application for review is not timely and does not meet the required grounds for review.
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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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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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Karatina Maternity & Nursing Home v Minet Kenya Insurance Brokers Limited (Miscellaneous Application E012 of 2021) [2022] KEHC 14209 (KLR) (Commercial and Tax) (21 October 2022) (Ruling)
✦ The Court did not set aside the Arbitral Award and denied the stay of proceedings.
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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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Kanga v Kanga (Succession Appeal 4 of 2021) [2022] KEHC 14018 (KLR) (21 October 2022) (Judgment)
✦ The appeal is allowed, and the letters of administration intestate made to the respondent are revoked. The grant issued on April 26, 2018, is cancelled. The trial court's confirmation of the grant is set aside. A new grant of letters of administration intestate shall issue to the appellant and the respondent as administrators of the estate of the deceased.
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Gitonga v Republic (Criminal Case E097 of 2021) [2022] KEHC 18135 (KLR) (Crim) (21 October 2022) (Ruling)
✦ The court denied the application for bail/bond, finding compelling reasons to deny the applicant bail.
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Ibrahim v Kakamega District Cooperative Union Limited & another (Civil Case E009 of 2021) [2022] KEHC 14185 (KLR) (21 October 2022) (Ruling)
✦ The court dismissed the application, finding no error in the orders and ruling that the dispute should have been placed before the Kakamega Business Premises Tribunal.
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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.