Kenyan case law
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Njuguna (Practising under the name and style of Samuel Gitonga & Associates) v Cabinet Secretary Ministry of Lands and Physical Planning & 3 others; Law Society of Kenya & another (Interested Parties) (Judicial Review Application E094 of 2021) [2022] KEHC 14113 (KLR) (Judicial Review) (19 October 2022) (Judgment)
✦ The court dismisses the application and directs that each party bear their own costs.
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APA Insurance Limited v Ndegwa (Civil Appeal 36 of 2018) [2022] KEHC 14193 (KLR) (19 October 2022) (Judgment)
✦ The appeal is dismissed. The trial court's decision to dismiss the application and to dismiss the suit for want of prosecution was upheld.
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Ali & 2 others v Diamond Trust Bank (K) Limited & another (Civil Case 3 of 2018) [2022] KEHC 14202 (KLR) (19 October 2022) (Judgment)
✦ The court upheld the injunction order issued previously, pending the hearing of the main suit.
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Francis & 2 others v Director of Public Prosecutions; M’Iruki (Interested Party) (Criminal Petition E014 of 2021) [2022] KEHC 14062 (KLR) (19 October 2022) (Judgment)
✦ The court orders a stay of the criminal prosecution until the hearing and determination of the civil suit before the Environment and Land Court.
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Republic v Public Procurement Administrative Review Board; Accounting Officer County Government of Tana River & another (Exparte); Minet Kenya Insurance Brokers Limited & another (Interested Parties) (Judicial Review E134 of 2022) [2022] KEHC 14278 (KLR) (Judicial Review) (19 October 2022) (Judgment)
✦ The court found that the Respondent’s decision was not in breach of the legitimate expectation of the Applicants, as the procurement process was terminated due to lack of funds, and the Applicants did not present their budget before the Board.
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Republic v Maganya (Criminal Case E009 of 2021) [2022] KEHC 14138 (KLR) (19 October 2022) (Judgment)
✦ The accused is convicted of murder for the unlawful act that resulted in the deceased's death.
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Republic v Okenyuri (Criminal Case 14 of 2019) [2022] KEHC 14083 (KLR) (19 October 2022) (Ruling)
✦ The accused is to be placed on probation supervision for three years.
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Jeconia v Oyoyo (Civil Appeal E076 of 2022) [2022] KEHC 14530 (KLR) (19 October 2022) (Ruling)
✦ The application is allowed to file appeal out of time and a stay of execution is issued on condition that half the decretal amount is deposited in court within 30 days.
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Waweru v Ngama & another (Civil Appeal 273 of 2018) [2022] KEHC 14052 (KLR) (Civ) (19 October 2022) (Ruling)
✦ Appellant’s application for stay of execution pending appeal is dismissed
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In re Estate of Mwanki Wega alias Mwaniki M'Wega (Deceased) (Succession Cause 76 of 2015) [2022] KEHC 14385 (KLR) (19 October 2022) (Ruling)
✦ The court orders rectification of the land register and sub-division of the land
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Director of Public Prosecutions v Mwiraria & 6 others (Anti-Corruption and Economic Crimes Revision E005 of 2022) [2022] KEHC 14180 (KLR) (Anti-Corruption and Economic Crimes) (19 October 2022) (Judgment)
✦ The court will review the record and the rulings to determine the correctness, legality, and propriety of the findings and orders made by the trial court.
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Republic v Wanjiru & 2 others (Revision Case E085 of 2022) [2022] KEHC 14163 (KLR) (19 October 2022) (Ruling)
✦ The application is dismissed
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KTK Advocates v Rift Energy Corporation & 4 others (Miscellaneous Application E653 of 2020) [2022] KEHC 14361 (KLR) (Commercial and Tax) (19 October 2022) (Ruling)
✦ The court grants an extension of time to file the reference and deems it filed on time, and finds that the respondents were served with the taxation notice.
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Republic v Ita (Criminal Case E002 of 2021) [2022] KEHC 14195 (KLR) (19 October 2022) (Ruling)
✦ The court finds that the prosecution has made a prima facie case against the accused and that he has a case to answer and is put on his defence.
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Samuel Kirimi Guantai t/a Guantai Advocate & Associates v Ireri (Miscellaneous Civil Application E005 of 2022) [2022] KEHC 14201 (KLR) (19 October 2022) (Ruling)
✦ The application is dismissed, and costs are awarded to the respondent.
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Njogu & another v Simiyu (Civil Appeal E066 of 2021) [2022] KEHC 14199 (KLR) (19 October 2022) (Judgment)
✦ The court affirmed the trial court's finding on liability but reversed the award of damages.
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Nzuki & another v Republic & another (Criminal Appeal E077 of 2021) [2022] KEHC 14534 (KLR) (19 October 2022) (Judgment)
✦ The conviction and sentence are upheld.
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Aziras v Republic (Criminal Appeal E046 of 2021) [2022] KEHC 14005 (KLR) (19 October 2022) (Judgment)
✦ The olement was proved, the alibi defense was not considered, and the sentence of 20 years is set aside and reduced to 15 years.
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Republic v Secretary Teachers Service Commission & another; Odembo (Exparte) (Miscellaneous Civil Application E006 of 2022) [2022] KEHC 14241 (KLR) (19 October 2022) (Ruling)
✦ The High Court is devoid of jurisdiction to hear and determine the intended judicial review proceedings.
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Regina & another v Maina (Civil Appeal E422 of 2022) [2022] KEHC 13958 (KLR) (Civ) (19 October 2022) (Ruling)
✦ The court extended the timeline for the applicants to comply with the conditions for granting an order for a stay of execution and allowed the provision of a bank guarantee as an alternative form of security.
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Mutahi v Co-operative Bank of Kenya & another (Civil Case 358 of 2012) [2022] KEHC 13962 (KLR) (Civ) (19 October 2022) (Judgment)
✦ The court held that the listing of the plaintiff's name at the CRB was not defamatory and that the 1st defendant was entitled to refer the plaintiff's name to the CRB as a loan defaulter.
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Ruto v Republic (Miscellaneous Criminal Application 189 of 2018) [2022] KEHC 14065 (KLR) (19 October 2022) (Ruling)
✦ The application for review of the applicant's sentence by this court is not tenable and is refused.
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Muturi v Awiti t/a Skigate Auctioneers & 2 others (Judicial Review E002 of 2022) [2022] KEHC 14528 (KLR) (19 October 2022) (Ruling)
✦ The application for leave to apply for judicial review orders is dismissed.
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Khisa v Republic (Criminal Appeal E079 of 2021) [2022] KEHC 14097 (KLR) (19 October 2022) (Judgment)
✦ The sentence is set aside and substituted with a sentence of 5 years imprisonment.
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Wachira v Republic (Criminal Revision E195 of 2021) [2022] KEHC 14686 (KLR) (19 October 2022) (Ruling)
✦ The applicant's application for revision has merit and his sentence is revised to 5 years.