Kenyan case law
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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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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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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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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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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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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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Otieno v Republic (Criminal Appeal E014 of 2022) [2022] KEHC 13802 (KLR) (14 October 2022) (Judgment)
✦ The appeal is dismissed. The sentence imposed by the trial court was lawful and lenient.
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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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Republic v Kipkurui (Criminal Case E012 of 2020) [2022] KEHC 14075 (KLR) (14 October 2022) (Sentence)
✦ The accused is found guilty of manslaughter and sentenced to 10 years imprisonment.
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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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Ngetich v Kirui (Civil Appeal E046 of 2021) [2022] KEHC 14191 (KLR) (14 October 2022) (Judgment)
✦ The Respondent was in breach of the condition of right to sell, and the Appellant was entitled to repudiate the contract and get back his purchase price and the agreed penalty for breach of contract.
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Mwangi v Tabo & another (Civil Appeal E126 of 2021) [2022] KEHC 13985 (KLR) (Commercial and Tax) (14 October 2022) (Ruling)
✦ The court dismisses both applications with costs.
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Enzyne Creations Limited v Stecol Corporation; Equity Bank Limited (Interested Party) (Miscellaneous Application E308 of 2022) [2022] KEHC 13782 (KLR) (Commercial and Tax) (14 October 2022) (Ruling)
✦ The application dated 12/7/2022 is partially successful, and an amount of Kshs.31,000,000 is transferred from the defendant's bank account to an interest earning account in the joint names of the Advocates for the plaintiff and defendant.
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Yeringole v Republic (Miscellaneous Criminal Case E004 of 2022) [2022] KEHC 14595 (KLR) (14 October 2022) (Judgment)
✦ Petition is allowed to the extent that the life sentence imposed on the Petitioner on March 15, 2011 is hereby set aside. The petitioner is resentenced to the period already served and will be released from custody forthwith.
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Republic v Otieno (Criminal Revision E052 of 2022) [2022] KEHC 14255 (KLR) (14 October 2022) (Ruling)
✦ The court directs the file to be returned to the trial magistrate for resentencing of the applicant in accordance with section 6(1) of the Borstal Institutions Act.
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Richard v Njeru (Civil Appeal 181 of 2021) [2022] KEHC 17083 (KLR) (14 October 2022) (Judgment)
✦ The Court found that the respondent's insurer had the requisite locus standi to institute the subrogation claim and that the appellant was 100% liable for the road traffic accident.
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Seyoum v Tanui (Civil Suit 776 of 2009) [2022] KEHC 15074 (KLR) (Civ) (14 October 2022) (Ruling)
✦ The application is allowed, and the decretal sum will be paid in installments with the first installment of Kshs 2,000,000 payable within 30 days from the date of the order, and a monthly installment of Kshs 350,000 until payment in full. The costs of the application will be awarded to the respondent.
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Maina v Republic (Criminal Appeal 92 of 2017) [2022] KEHC 13974 (KLR) (14 October 2022) (Judgment)
✦ The conviction of the appellant is upheld, and the sentence remains at the discretion of the trial court.
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In re Estate of John Maritim Ruto (Deceased) (Succession Cause 39 of 2016) [2022] KEHC 14257 (KLR) (14 October 2022) (Judgment)
✦ The court found the will to be a forgery and the deceased was not married to the Objector.
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Ruto v Director of Public Prosecution & 2 others (Criminal Appeal E019 of 2021) [2022] KEHC 14081 (KLR) (14 October 2022) (Ruling)
✦ The appeal is dismissed.
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Sehit Investments Limited v Onyango & 3 others (Civil Case 705 of 2009) [2022] KEHC 14598 (KLR) (Commercial and Tax) (14 October 2022) (Ruling)
✦ The court grants the application and allows the plaintiff to amend the plaint.
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Jocham Hospital Limited v Musyimi (Civil Appeal 167 of 2021) [2022] KEHC 17057 (KLR) (14 October 2022) (Ruling)
✦ The court found that the appeal was filed within the prescribed time and that the applicant had good cause for not filing the appeal in time. The court granted the application for stay of execution.
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West Kenya Sugar Company Limited v Attorney General & 2 others (Civil Case E981 of 2021) [2022] KEHC 14523 (KLR) (Commercial and Tax) (13 October 2022) (Ruling)
✦ The application is granted, and the suit is struck out.
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Mutwiri v Republic (Criminal Appeal E034 of 2020) [2022] KEHC 14055 (KLR) (13 October 2022) (Judgment)
✦ The conviction and sentence are upheld, but the sentence of 25 years is set aside and substituted with a sentence of 15 years' imprisonment.
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Mwangi Keng’ara & Company Advocates v Mungai (Miscellaneous Application E314 of 2021) [2022] KEHC 14421 (KLR) (Commercial and Tax) (13 October 2022) (Ruling)
✦ The advocate's application is merited. The application is allowed.