Kenyan case law
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Republic v Njeru & another (Criminal Case 15 of 2016) [2022] KEHC 14220 (KLR) (14 October 2022) (Ruling)
✦ The court rules that both accused persons have a case to answer.
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Omundi v Lama Fresh Produce Limited (Civil Appeal E040 of 2022) [2022] KEHC 13681 (KLR) (Civ) (14 October 2022) (Judgment)
✦ The appeal is dismissed with costs to the Respondent assessed at Kshs. 20,000.00.
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Indian Ocean Properties Limited v Kimani & Michuki Advocates (Commercial Case E1246 of 2020) [2022] KEHC 15598 (KLR) (Commercial and Tax) (14 October 2022) (Ruling)
✦ The application was dismissed as the applicant has not provided a notice of the specific items they dispute in the decision of the Taxing Officer and has not satisfied the grounds for grant of stay of execution.
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Rana Auto Selection v Commissioner of Domestic Taxes (Miscellaneous Application E259 of 2021) [2022] KEHC 14093 (KLR) (Commercial and Tax) (14 October 2022) (Ruling)
✦ The court granted an unconditional stay of execution
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Langat v Republic (Criminal Appeal 2 of 2020) [2022] KEHC 14103 (KLR) (14 October 2022) (Ruling)
✦ The remand period should be included in the sentence
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Republic v Kenya National Examination Council & 2 others; Chairman and Form Four Parents’ Association 2018 Ikhlas Interegrated High School (Suing on Behalf of parents of Ikhlas Intergrated High School) (Exparte) (Judicial Review Application 36 of 2019) [2022] KEHC 18085 (KLR) (Judicial Review) (14 October 2022) (Ruling)
✦ The delivery of the judgment on the substantive motion for judicial review is deferred until the Court of Appeal delivers its decision on the appeal.
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Awuor v Republic (Criminal Appeal E017 of 2022) [2022] KEHC 13991 (KLR) (14 October 2022) (Judgment)
✦ The proceedings were irregular and fatally defective, and the conviction and sentence are quashed.
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Solutions Medical Sytems Ltd v Commissioner of Customs and Border Control (Income Tax Appeal E006 of 2021) [2022] KEHC 13780 (KLR) (Commercial and Tax) (14 October 2022) (Judgment)
✦ The appeal is dismissed with costs to the respondent.
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Macharia v Macharia (Civil Appeal E730 of 2021) [2022] KEHC 15001 (KLR) (Civ) (14 October 2022) (Judgment)
✦ The appeal is dismissed as the appellant failed to prove his case on a balance of probabilities.
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In re Johnson Mwendwa Muthengi (Debtor/Applicant) (Insolvency Cause E010 of 2021) [2022] KEHC 15657 (KLR) (Commercial and Tax) (14 October 2022) (Ruling)
✦ The court declines to make a bankruptcy order due to lack of evidence of insolvency, and does not make a receiving order.
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In re Estate of Lydia Nyambura Kimandu (Deceased) (Succession Cause 2618 of 1995) [2022] KEHC 14935 (KLR) (Family) (14 October 2022) (Ruling)
✦ The application for rectification of the Grant is denied as the proposed amendments are substantial and far-reaching.
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Owino v Republic (Criminal Appeal E005 of 2022) [2022] KEHC 13803 (KLR) (14 October 2022) (Judgment)
✦ The court found the sentence imposed was lawful and took into account all relevant factors, and dismissed the appeal.
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In re Estate of Zakirali Hassanali Abdulhussein alias Zakirali Hassanal (Probate & Administration 90 of 2001) [2022] KEHC 14599 (KLR) (14 October 2022) (Ruling)
✦ The grant of probate will not be revoked, but the executors will be ordered to complete the administration of the estate within 45 days.
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Kefa v Republic (Miscellaneous Criminal Application E133 of 2022) [2022] KEHC 14251 (KLR) (14 October 2022) (Ruling)
✦ The application is struck out and the file is closed.
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United Democratic Movement v Independent Electoral and Boundaries Commission & 5 others; Farah & 4 others (Interested Parties) (Election Petition E443 of 2022) [2022] KEHC 14306 (KLR) (Civ) (14 October 2022) (Ruling)
✦ The Petition is dismissed with no order as to costs.
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Rabote (Suing as the Legal Representative of the Estate of Leonard Taabu Rabote Deceased) v Juma (Civil Appeal 44 of 2022) [2022] KEHC 13742 (KLR) (14 October 2022) (Ruling)
✦ The court grants the stay of execution pending appeal.
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In re Kenyon Limited (Under Liquidation) (Insolvency Cause 019 of 2020) [2022] KEHC 13753 (KLR) (Commercial and Tax) (14 October 2022) (Ruling)
✦ The liquidator's mandate was not expired after the first year. The liquidator was required to convene a general meeting within three months after the end of the first year and provide an account of his acts and dealings.
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Koech v Republic (Criminal Appeal E009 of 2022) [2022] KEHC 14222 (KLR) (14 October 2022) (Ruling)
✦ The court allows the application and orders that the period of one year and eleven months spent in custody be included in the computation of the 15 years imprisonment sentence.
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HMS Advocates LLP v Finance & another (Miscellaneous Application E1180 of 2020) [2022] KEHC 15596 (KLR) (Commercial and Tax) (14 October 2022) (Ruling)
✦ The Applicants' application for enlargement of time is incompetent and should be dismissed with costs.
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Watuta v Maluki & another (Civil Case 137 of 2011) [2022] KEHC 16553 (KLR) (Civ) (14 October 2022) (Judgment)
✦ The court finds that the criminal suit against the plaintiff was instituted by the 2nd respondent following a complaint made by the 1st defendant and the suit was determined in the plaintiff's favor.
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Ngeno v Republic (Criminal Appeal 33 of 2019) [2022] KEHC 14084 (KLR) (14 October 2022) (Judgment)
✦ The appeal is dismissed, conviction and sentence upheld.
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Panal Freighters Limited v First Assurance Company Limited & another (Civil Suit E034 of 2021) [2022] KEHC 17094 (KLR) (14 October 2022) (Ruling)
✦ The interlocutory judgment is set aside
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Maangi v Housing Finance Company of Kenya Ltd (Civil Suit E781 of 2021) [2022] KEHC 13732 (KLR) (Commercial and Tax) (14 October 2022) (Ruling)
✦ The court finds the application to be meritorious and allows the injunction.
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Oyoo v Republic (Miscellaneous Criminal Application E128 of 2022) [2022] KEHC 14045 (KLR) (14 October 2022) (Ruling)
✦ The application for resentencing is struck out and the file is closed.
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Dhanjal v Habib (Civil Appeal E037 of 2022) [2022] KEHC 13980 (KLR) (Civ) (14 October 2022) (Ruling)
✦ The application is partially successful, and the applicant is granted leave to file an appeal out of time. The lower court proceedings are not stayed.