Kenyan case law
-
In re Estate of Margarita Mwita Machera (Deceased) (Succession Cause 595 of 2014) [2023] KEHC 26691 (KLR) (20 December 2023) (Ruling)
✦ The application is granted, and the County Surveyor is ordered to subdivide the land into five equal portions and register the new parcels.
-
Badar Hardware Limited & another v Waweru & 3 others (Civil Suit 23 of 2022) [2023] KEHC 27227 (KLR) (20 December 2023) (Judgment)
✦ The appeal is dismissed as the Appellants failed to prove their case on negligence and the court cannot apportion liability with non-parties.
-
CS v GKR (Matrimonial Cause E003 of 2023) [2023] KEHC 26854 (KLR) (20 December 2023) (Ruling)
✦ The application is partially successful, and temporary injunctions are granted.
-
Kinyua & another v Kechir aka Bel Kemboi (Miscellaneous Civil Application E002 of 2023) [2023] KEHC 27117 (KLR) (20 December 2023) (Ruling)
✦ The application is dismissed with costs.
-
In re Estate of Kipkosgei Bwalei Kerich alias Kipkosgei Bwalei (Deceased) (Probate & Administration 02 of 2021) [2023] KEHC 27215 (KLR) (20 December 2023) (Ruling)
✦ The application is dismissed as premature and the Objector has failed to establish fraud or other grounds for annulment or revocation.
-
Republic v Ngetich (Criminal Case E025 of 2023) [2023] KEHC 26725 (KLR) (20 December 2023) (Ruling)
✦ The Accused is admitted to bail with a bond of Kshs 200,000/= with one surety of like sum.
-
Chumba v Republic (Criminal Petition E020 of 2022) [2023] KEHC 26761 (KLR) (20 December 2023) (Ruling)
✦ The court held that the trial court and the appellate court should have considered the period of pre-trial detention in sentencing the applicant.
-
In re Estate of M’Ikiamba Karitho (Deceased) (Succession Cause 122 of 2004) [2023] KEHC 27043 (KLR) (20 December 2023) (Ruling)
✦ The summons dated 25th September, 2023 shall be served on Charles Mbaabu Karicha and the summons shall be determined by way of viva voce evidence.
-
Muthee v Republic (Criminal Appeal 101 of 2023) [2023] KEHC 26986 (KLR) (20 December 2023) (Ruling)
✦ The court sets aside the life imprisonment sentence and substitutes it with a 30-year imprisonment sentence.
-
GMM alias WM v SAS (Family Appeal E026 of 2023) [2023] KEHC 27384 (KLR) (20 December 2023) (Ruling)
✦ The Court sets aside the warrants of arrest against the Appellant and dismisses the Respondent's application. The Court orders the appeal to be heard on a priority basis.
-
Aden v Republic (Criminal Appeal E034 of 2022) [2023] KEHC 27228 (KLR) (20 December 2023) (Judgment)
✦ The appeal is dismissed.
-
Bruce Odeny & Co Advocates v MCtough (Miscellaneous Application E168 of 2021) [2023] KEHC 27154 (KLR) (20 December 2023) (Ruling)
✦ The court found that the application is merited and ordered the payment of the decree by installments of Kshs. 100,000 per month.
-
Masiga v Masiga (Succession Appeal E009 of 2022) [2023] KEHC 26700 (KLR) (20 December 2023) (Ruling)
✦ The court's order dismissing the appeal was in error, and the appeal is reinstated with all orders in force as at the date of the order.
-
Republic v Omollo (Criminal Case 6 of 2020) [2023] KEHC 26670 (KLR) (20 December 2023) (Judgment)
✦ The accused was found guilty of murder.
-
Republic v Office of Director of Public Prosecutions; Bungoma Line Sacco & 6 others (Exparte) (Judicial Review E001 of 2023) [2023] KEHC 27053 (KLR) (20 December 2023) (Judgment)
✦ The ex parte application is dismissed as the proceedings are so poorly conceived that they cannot provide any basis for the reliefs sought.
-
Director of Public Prosecution v M’ikinitia (Criminal Case E006 of 2021) [2023] KEHC 26643 (KLR) (20 December 2023) (Ruling)
✦ The court finds the accused not guilty and orders him set at liberty.
-
Republic v Ngeno (Criminal Case E028 of 2023) [2023] KEHC 27085 (KLR) (20 December 2023) (Ruling)
✦ The court dismisses the application for bail and orders the accused to remain in custody during trial. The application will be reviewed after a period of 3 months.
-
Director of Public Prosecutions v Okemo (Miscellaneous Criminal Application E183 of 2023) [2023] KEHC 26753 (KLR) (Crim) (20 December 2023) (Ruling)
✦ The court grants the DPP's application for leave to lodge an appeal out of time.
-
Chege v Republic (Miscellaneous Criminal Application 55 of 2023) [2023] KEHC 26677 (KLR) (20 December 2023) (Ruling)
✦ The applicant is granted leave to file their appeal out of time within 21 days from the date of this ruling.
-
Republic v Nairobi Metropolitan Services (NMS) & 5 others; Kaka Travellers Cooperative Saving and Credit Society Ltd (Exparte); Omurwa (Contemnor); Metro Trans E.A. Ltd (Interested Party) (Judicial Review Cause E131 of 2022) [2023] KEHC 26857 (KLR) (Judicial Review) (20 December 2023) (Ruling)
✦ The Court is not convinced that the Contemnor/Applicant has made out a case for the grant of the orders sought and dismisses the application with costs.
-
In re Estate of Erastus Phares Mutwiri Rutere (Deceased) (Succession Cause E018 of 2022) [2023] KEHC 26684 (KLR) (20 December 2023) (Ruling)
✦ The Grant of Probate made to Mwenda John Rutere on 20th April, 2023 is confirmed in terms of the last will and testament of the deceased dated 16th October, 2018.
-
Nyale v Joseph (Civil Miscellaneous Application 43 of 2023) [2023] KEHC 27240 (KLR) (20 December 2023) (Judgment)
✦ The Defendant is directed to forthwith honour and remit the sum of Kshs. 974,820.00/= paid to the Plaintiff, with interest at court rates from 1/8/2021 till payment in full.
-
Aisha Motor Dealers Ltd v Guru (Civil Appeal E301 of 2023) [2023] KEHC 27229 (KLR) (20 December 2023) (Judgment)
✦ The appeal is dismissed with costs, and the amount to be paid is reduced from Kshs. 530,000/= to Kshs. 500,000/=
-
Almasi Bottlers Limited v M’Mbijiwe & 3 others (Civil Case E012 of 2022) [2023] KEHC 27274 (KLR) (19 December 2023) (Ruling)
✦ The court denied the applications as the applicants did not provide sufficient evidence to show that the defendants have absconded or disposed of their properties.
-
Wanjala v Channan Agricultural Contractors Limited (Civil Appeal 5 of 2018) [2023] KEHC 26722 (KLR) (19 December 2023) (Ruling)
✦ The application is allowed, and the appeal is reinstated.