Kenyan case law

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.

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.

Muthomi v Republic (Criminal Appeal E081 of 2024) [2025] KEHC 16578 (KLR) (13 November 2025) (Judgment)

✦ The court found the evidence sufficient to convict the appellant, and the conviction was upheld.

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.

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.

Kirimi v Imenti South Yeg Self Help Group (Civil Appeal E105 of 2025) [2025] KEHC 16516 (KLR) (13 November 2025) (Ruling)

✦ The application for stay of execution is dismissed as the Appellant has failed to establish substantial loss.

Ndubi v Republic (Criminal Appeal E015 of 2025) [2025] KEHC 16456 (KLR) (13 November 2025) (Judgment)

Mosa v Republic (Criminal Appeal 10 of 2025) [2025] KEHC 16346 (KLR) (13 November 2025) (Judgment)

✦ The appeal is dismissed. The conviction and sentence are upheld.

Nyambagera v Republic (Criminal Appeal E034 of 2024) [2025] KEHC 18365 (KLR) (13 November 2025) (Judgment)

✦ The trial court correctly found the complainant to be within the age bracket of 12 to 15 years under section 8(3) of the Sexual Offences Act. The medical evidence conclusively proved penetration.

Kitui Flour Mills Limited v Peter Mulei & Sons Limited t/a Mulleys Supermarket (In Liquidation) & another (Civil Suit E123 of 2021) [2025] KEHC 19552 (KLR) (13 November 2025) (Judgment)

✦ Judgment in favor of the Plainti on the following terms: Kshs. 27,524,756.61 payable by the 1st Defendant, interest of (i) above at a rate of 14% from date of filing suit, cost of the suit payable by the Defendant jointly and or severally, and an order directing the 2nd Defendant to reconstitute the 1st Defendant List of Creditors, including the Plainti's claim herein as one of the creditors to be paid by the Ocial Receiver upon liquidation.

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.

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

✦ The application for bail is dismissed.

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.

EBG v BMK (Miscellaneous Case E149 of 2025) [2025] KEHC 16377 (KLR) (Family) (13 November 2025) (Ruling)

✦ The suit is transferred to Kiambu Chief Magistrates Court.

In re WN (Family Miscellaneous Application E019 of 2025) [2025] KEHC 16954 (KLR) (13 November 2025) (Ruling)

✦ The court declares WN as suffering from a mental disorder and appoints the applicant as guardian ad litem for WN's case.

IP Advisory and Management Services Limited v Safaricom PLC; Odhiambo (alias Jacky B) & 4 others (Interested Parties) (Civil Case E022 of 2025) [2025] KEHC 16557 (KLR) (Civ) (13 November 2025) (Ruling)

✦ The suit is not struck out, and the Plaintiff has locus standi to bring the suit on behalf of the Interested Parties.

Yatich v Republic (Criminal Miscellaneous Application E138 of 2025) [2025] KEHC 17059 (KLR) (Crim) (13 November 2025) (Ruling)

✦ The High Court lacks jurisdiction to hear the application for re-sentencing as it is a matter that was already considered and decided by the Court of Appeal.

Mwangi v Gichimu & another (Suing as the legal representatives of the Estate of Jackson Gichimu Machia - Deceased) (Civil Appeal E051 of 2023) [2025] KEHC 16428 (KLR) (13 November 2025) (Ruling)

✦ The application is allowed, and the costs of the application are granted to the Respondent/Applicant.

Marionya v Director of Public Prosecutions (Criminal Revision E099 of 2024) [2025] KEHC 19348 (KLR) (13 November 2025) (Ruling)

✦ The court finds no merit in the application for sentence review and dismisses the Notice of Motion.

West Kenya Sugar Co Ltd v Shikanga & 2 others (Civil Appeal E132 of 2022) [2025] KEHC 17872 (KLR) (13 November 2025) (Directions)

✦ Directions were given for the application to be certified as urgent, served within 2 days, and a response filed within 5 days from the date of the directions. An inter partes hearing is scheduled for November 20, 2025, through oral submissions.

In re Estate of Joram Njuya Wambiya (Deceased) (Succession Cause 100 of 2002) [2025] KEHC 16304 (KLR) (13 November 2025) (Ruling)

✦ The court denies the application for stay of execution pending appeal and grants leave to appeal within 30 days.

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.

Ndungu v Republic (Criminal Appeal E026 of 2025) [2025] KEHC 16349 (KLR) (Crim) (13 November 2025) (Judgment)

✦ The appeal is dismissed as the conviction was based on sound evidence and the sentence was not excessive.

Riungu v Trident Insurance Co Limited (Civil Appeal E348 of 2024) [2025] KEHC 19598 (KLR) (13 November 2025) (Judgment)

✦ The Small Claims Court has no jurisdiction to handle declaratory suits.

Mangi & another v Musyoka & 2 others (Civil Appeal E049 of 2023) [2025] KEHC 16340 (KLR) (13 November 2025) (Judgment)

✦ The court found that the trial court erred in apportioning liability equally between the appellants and the respondents.