Kenyan case law
-
Abdisalan v Abdi & 2 others (Election Petition E007 of 2022) [2022] KEHC 13931 (KLR) (21 October 2022) (Ruling)
✦ The court defers the order for scrutiny to a later stage in the petition, adjudication.
-
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.
-
DL Koisagat Tea Estate Limited v Long’ore (Civil Appeal 26 of 2021) [2022] KEHC 14069 (KLR) (21 October 2022) (Ruling)
✦ The application for stay of execution was granted.
-
Sylvester Sule Nyagweth t/a Yasul Automobile and Spares v Kimeli & another (Civil Appeal 590 of 2015) [2022] KEHC 14130 (KLR) (Civ) (21 October 2022) (Judgment)
✦ The appeal is dismissed with costs.
-
AMA v TYMA (Family Appeal 34 of 2021) [2022] KEHC 14887 (KLR) (21 October 2022) (Ruling)
✦ The stay of execution pending appeal is allowed subject to the appellant fulfilling the conditions of the consent order.
-
Nyaga & another v Kavango & another (Miscellaneous Civil Application E064 of 2021) [2022] KEHC 14394 (KLR) (Civ) (21 October 2022) (Ruling)
✦ The court grants the motion with costs to the Respondent, allowing the appeal to be filed within 14 days and the record of appeal to be filed and served within 45 days.
-
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
-
Abdisalan v Abdi & 2 others (Election Petition E007 of 2022) [2022] KEHC 13929 (KLR) (21 October 2022) (Ruling)
✦ The court grants leave to file the supplementary affidavit and deems it as duly filed and properly on record.
-
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.
-
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.
-
In re Estate of Indeche Waswa Wikinza alias Indeche Waswa Wikunza (Deceased) (Succession Cause 569 of 2015) [2022] KEHC 14016 (KLR) (21 October 2022) (Ruling)
✦ The orders made on November 21, 2019, are vacated, and the Deputy Registrar is directed to cause the court file in Kakamega CMCSC No 37 of 2017 to be returned to the Kakamega CM's court registry. The causes in Kakamega HCSC No 890 of 2012 and Kakamega HCSC No 569 of 2015 are consolidated, and a fresh grant will be issued to the parties who agree or the court appoints.
-
Royal Media Services Limited & another v Telkom Kenya Limited & 13 others (Miscellaneous Civil Suit 15 of 2000) [2022] KEHC 14188 (KLR) (21 October 2022) (Ruling)
✦ The application is dismissed with costs to the 3rd defendant. The status quo order is set aside.
-
In re Estate of George Watenya Maina (Deceased) (Succession Cause 966 of 2012) [2022] KEHC 14017 (KLR) (21 October 2022) (Ruling)
✦ Grant confirmation postponed to allow for information on a previous suit in Kakamega HCCC No. 304 of 1993.
-
Rupra Construction Company Limited v Longonot Place Limited (Miscellaneous Civil Application E209 of 2021) [2022] KEHC 14115 (KLR) (Civ) (21 October 2022) (Ruling)
✦ The court dismissed the motion for a stay of execution, finding that the court has jurisdiction to entertain the motion and that the provisions of the Civil Procedure Act apply.
-
Oginjo v Republic (Miscellaneous Criminal Application E137 of 2022) [2022] KEHC 14159 (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.
-
Heshimart Enterprises v Rafiki Microfinance Bank & another (Civil Case 59 of 2016) [2022] KEHC 14061 (KLR) (21 October 2022) (Judgment)
✦ The application to dismiss the suit for want of prosecution is granted.
-
Ochieng v Republic (Criminal Petition E017 of 2022) [2022] KEHC 14384 (KLR) (21 October 2022) (Ruling)
✦ The application is dismissed and the petitioner is directed to file his petition before Kisumu High Court.
-
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
-
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.
-
Gulf African Bank Limited v Petroafric Company Limited & 2 others (Civil Suit E154 of 2020) [2022] KEHC 14295 (KLR) (Commercial and Tax) (21 October 2022) (Ruling)
✦ The court finds there was inordinate delay in filing the application and dismisses the application.
-
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.
-
Saham Assurance Co. (K) Limited v Okwaro (Civil Appeal E850 of 2021) [2022] KEHC 14126 (KLR) (Civ) (21 October 2022) (Judgment)
✦ The appeal is dismissed, and the summary judgment entered by the trial court is upheld.
-
Republic v County Secretary County Government of Kisumu & 2 others (Judicial Review 9 of 2021) [2022] KEHC 14219 (KLR) (21 October 2022) (Ruling)
✦ The mandamus application is found to be incompetent and premature. It is hereby struck out and the file is closed.
-
In re Estate of Waziri Mohamed Sudi alias Waziri Mohammed Sudi (Deceased) (Succession Cause 43 of 2016) [2022] KEHC 14397 (KLR) (21 October 2022) (Judgment)
✦ The High Court held that the properties in the UK, Mariakani Township, and Kibao Kiche are part of the deceased's estate. The unsurveyed plots in Lamu are also part of the estate.
-
Ngigi t/a Joe Ngigi & Co Advocates (Formerly Ngaywa Ngigi & Kibet Advocates) v Xplico Insurance Company Limited; National Bank of Kenya (Westlands Branch) (Garnishee) (Miscellaneous Civil Application E252 of 2020) [2022] KEHC 14281 (KLR) (Civ) (21 October 2022) (Ruling)
✦ The application is allowed with costs assessed at Kshs 100,000/= to be paid to the applicant, and a garnishee order absolute is confirmed for the remaining Kshs 65,976/=