Kenyan case law

Tunoi & another v Judicial Service Commission & another (Petition 244 of 2014) [2015] KEHC 780 (KLR) (Constitutional and Human Rights) (11 December 2015) (Judgment)

Irene Bosibori Samuel & another v Republic [2015] KEHC 19 (KLR)

✦ The appeal is dismissed, and the sentence is enhanced to mandatory death sentence.

Republic v Cosmas Mokaya Magori [2015] KEHC 183 (KLR)

✦ The accused’s application for bond is allowed with the following terms

P A K v S A K [2015] KEHC 7989 (KLR)

✦ The court holds that the circumstances of this case are such that it cannot exercise its discretion to grant the orders sought, for to do so would not serve the best interest of the children herein.

Akidya 2000 Company Limited v Josephat Wamuyu Gitau [2015] KEHC 598 (KLR)

✦ The dismissal of the motions for want of attendance is set aside, and the motions are reinstated. The Appellant/Applicant is ordered to pay the Respondent costs of Ksh.5,000.

Regina Mwikali Wilson v Stephen Mwangi Gichuhi & another [2015] KEHC 601 (KLR)

✦ The motion to set aside the default judgment is dismissed as there is no merit in it.

Catherine Nyambura Kamau v Nation Media Group & 2 others [2015] KEHC 600 (KLR)

✦ The motion to dismiss for want of prosecution is allowed.

Constituencies Development Fund Board v Institute of Social Accountability & 4 others [2015] KEHC 455 (KLR)

✦ The court granted an order of stay pending appeal.

In Re estate of Ruth Wanjiku Maina (Deceased) [2015] KEHC 8040 (KLR)

✦ The grant is set aside and reinstated

Raphael M. Muiu v Director Social Services & Housing & 3 others [2015] KEHC 8058 (KLR)

✦ Suit dismissed

Jadiel Mwenda v Republic [2015] KEHC 266 (KLR)

✦ The court dismissed the appeal as the appellant pleaded guilty and the sentence was not manifestly excessive or illegal.

Philan Holdings Ltd v Nairobi City Council & 3 others [2015] KEHC 232 (KLR)

✦ The court grants prayer 2 of the Application and disallows prayer 3. Costs of the Application are awarded to the Respondents.

John Maina Gitari v Republic [2015] KEHC 264 (KLR)

✦ The conviction is upheld, and the appeal is dismissed. The appellant was handed the minimum sentence under Section 8(3) of the Sexual Offences Act.

Motrex Co Ltd & another v Fidelis Njoki Gachoka [2015] KEHC 8053 (KLR)

✦ Appeal succeeds partially, claim for loss of earning capacity fails. All other awards stand.

KOA v Republic [2015] KEHC 89 (KLR)

✦ The conviction and sentence are upheld. The trial court did not err in failing to apply Section 36 of the Sexual Offences Act. The appellant's alibi defence was not properly considered.

Republic v Benson Kiboma Oyugi & 3 others [2015] KEHC 18 (KLR)

✦ The court reduces the bail terms to an affordable level for the second accused and those with him.

Peter M. F. Mbithi v Joseph Mwanzia Mbithi & Josephat Mweu Mwanzia (Civil Case 338 of 2012) [2015] KEHC 254 (KLR) (Civ) (10 December 2015) (Ruling)

✦ The 1st Defendant did not act in contempt of court, and the Plaintiff's application is dismissed with costs.

Republic v John Macharia Kanja [2015] KEHC 657 (KLR)

✦ The court finds that the prosecution has failed to prove the charge of murder and acquits the accused.

Republic v Law Society of Kenya & another [2015] KEHC 869 (KLR)

✦ The proceedings are incompetent as the body whose decision is being challenged is not the respondent in these proceedings.

Philimona Maina Bushuru v Quinto Esike Ojala [2015] KEHC 80 (KLR)

✦ The court finds that the defendant has encroached on the plaintiff's land and orders an eviction notice. If the defendant does not remove himself within three months, he can be forcibly evicted. The plaintiff is awarded costs.

Gabriel Kariuki Kigathi & another v Monica Wangui Wangechi [2015] KEHC 106 (KLR)

✦ The court awards the respondent general damages of shs 400,000 for pain, suffering, and loss of amenities, and sets aside the original award of shs 800,000.

Lazarus Kiviti Kitema v Republic [2015] KEHC 809 (KLR)

✦ The prosecution proved its case beyond reasonable doubt and the sentence is set aside and reduced to 9 years.

Republic v Governor Makueni County & 2 Others Exparte Applicant David Muimi Kakonzi [2015] KEHC 107 (KLR)

✦ The Preliminary Objection raised is devoid of merit and is dismissed with costs to the Respondent.

Republic v Isaiah Nabea Kaura (Criminal Case 23 of 2010) [2015] KEHC 244 (KLR) (10 December 2015) (Judgment)

✦ The accused is found guilty of murder

Alice Muthoni Nduura & 2 others v David Roy Gitonga [2015] KEHC 241 (KLR)

✦ The Application is allowed with costs to the Respondent/Applicant