Kenyan case law

Mageywa v Republic (Criminal Appeal 49 of 2021) [2023] KEHC 27086 (KLR) (19 December 2023) (Judgment)

✦ The court found that the trial was conducted properly and the appellant was accorded a fair trial. The prosecution's evidence was admissible.

In re TKM (Minor) (Adoption Cause E005 of 2021) [2023] KEHC 27280 (KLR) (19 December 2023) (Judgment)

✦ The court grants an adoption order to SMO and DTO, authorizing them to adopt TKM and appointing ATO as the Legal Guardian.

Republic v Njeru (Criminal Case E026 of 2023) [2023] KEHC 27202 (KLR) (19 December 2023) (Ruling)

✦ The court declines the accused's bail application.

Republic v Karimi (Criminal Case E009 of 2023) [2023] KEHC 27314 (KLR) (19 December 2023) (Ruling)

✦ The application is dismissed. The accused will be accorded a fair trial, and the absence of call data records of her husband will not prejudice the trial.

In re Estate of Henry Okello Ayot (Deceased) (Succession Cause 5 of 2020) [2023] KEHC 27041 (KLR) (19 December 2023) (Judgment)

Kiriso v Republic (Miscellaneous Criminal Application 53 of 2023) [2023] KEHC 26675 (KLR) (19 December 2023) (Ruling)

✦ The applicant is granted leave to file their appeal out of time within 21 days from the date of this ruling.

John alias Magoro & 3 others v Republic (Constitutional Petition 3 (E003B) of 2023) [2023] KEHC 27137 (KLR) (19 December 2023) (Judgment)

✦ The mandatory death sentence is unconstitutional and the case is remitted to the High Court for re-hearing on sentence only.

Kirima v Solar Panda Company & another (Constitutional Petition E002 of 2023) [2023] KEHC 27203 (KLR) (19 December 2023) (Ruling)

✦ The court declines the application to strike out the 2nd Respondent and orders that the 2nd Respondent remain in the proceedings.

In re Estate of Hudsson Sitweti Kulundu alias Hudson Sitweti Kilundu (Deceased) (Succession Cause 258 of 2000) [2023] KEHC 27145 (KLR) (19 December 2023) (Ruling)

✦ The cause is reinstated, but the appointment of new administrator is deferred, and the application for confirmation of grant is denied. The applicants are required to file a fresh application for confirmation of grant with full disclosure of assets and beneficiaries, including those who have since died.

Achuti v Republic (Criminal Revision 101 of 2023) [2023] KEHC 26995 (KLR) (19 December 2023) (Ruling)

✦ The application is not certified urgent. The deputy registrar is directed to avail the lower court and High Court files untyped within 60 days from the date hereof. The applicant is directed to serve the respondent within 7 days from the date hereof. The respondent is directed to file a response within 14 days. The matter shall be mentioned on March 14, 2024 for directions.

South Nyanza Sugar Co. Ltd v Ochola (Civil Appeal 35 of 2021) [2023] KEHC 26659 (KLR) (19 December 2023) (Judgment)

✦ The court found that the respondent did not prove breach of contract and the suit was not statute barred. The court also found that the respondent was not entitled to damages awarded.

Munyao v Republic (Criminal Appeal E022 of 2023) [2023] KEHC 26988 (KLR) (19 December 2023) (Order)

✦ The appeal is dismissed

Republic v Kariuki (Criminal Case E017 of 2022) [2023] KEHC 26671 (KLR) (19 December 2023) (Judgment)

✦ The accused was found guilty of murder.

Republic v Makokha (Criminal Case E043 of 2023) [2023] KEHC 26507 (KLR) (Crim) (19 December 2023) (Ruling)

✦ Bail is denied due to the real likelihood of interference with witnesses.

Kenga & another (Suing as Administrators of the Estate of Patrick Mwayi Wafula - Deceased) v Cheruyoit (Civil Appeal 128 of 2021) [2023] KEHC 27225 (KLR) (19 December 2023) (Judgment)

✦ The court affirmed the judgment of the trial court on quantum only, dismissing the appeal.

Isiaho v Museve (Family Appeal 9 of 2021) [2023] KEHC 26796 (KLR) (19 December 2023) (Judgment)

✦ The Grant should not be revoked and the Application is dismissed. The person who is being accused for failure to disclose material facts has not been sued. The Application was ill-advised as no cause of action has been established against the Respondent in this regard.

Chungana v Republic (Criminal Appeal E109 of 2021) [2023] KEHC 27100 (KLR) (19 December 2023) (Judgment)

✦ The mandatory minimum sentence provided in section 8(3) of the Sexual Offences Act is lawful but not necessarily mandatory.

Mofugo v Republic (Miscellaneous Criminal Application E023 of 2023) [2023] KEHC 26678 (KLR) (19 December 2023) (Ruling)

✦ The application is not certified urgent. The Deputy Registrar is directed to avail the lower court file untyped within 60 days from the date of the ruling. The applicant is directed to serve their respondent with the application and order of the court within 7 days from the date of the ruling. The respondent is directed to file a response within 14 days. The matter shall be mentioned on 14th March 2024 for directions.

Omosa v Isaac (Succession Cause E090 of 2023) [2023] KEHC 27136 (KLR) (19 December 2023) (Ruling)

✦ The Court dismissed the Applicant's application for review and appeal, as one cannot file for review and appeal simultaneously.

Nyukuri v Magistrate’sCourt & 12 others (Miscellaneous Civil Application E003 of 2023) [2023] KEHC 26849 (KLR) (19 December 2023) (Ruling)

✦ The application is dismissed with no order as to costs.

Anyanya & another v Ochieng (Criminal Appeal E052 of 2021) [2023] KEHC 27081 (KLR) (19 December 2023) (Judgment)

✦ The award of Kshs 280,000 for general damages is upheld

In re Estate of Stephen Macharia Murai (Deceased) (Succession Cause E008 of 2023) [2023] KEHC 27038 (KLR) (19 December 2023) (Ruling)

✦ The appellant lacked locus standi to file the appeal and the appeal is struck out with costs to the respondent.

MIN (Suing through BW as a father and next friend) v Oguta & 2 others (Civil Appeal E028 of 2022) [2023] KEHC 27080 (KLR) (19 December 2023) (Judgment)

✦ The appeal is allowed, the order dismissing the Appellant's motion dated 4th June 2021 is set aside, and the suit is reinstated and to be heard on priority basis.

Henrie & 2 others (Suing in their capacity as the registered officials of Wilson Tenants Association) v Kenya Airports Authority; Cabinet Secretary, Roads and Transport (Interested Party) (Miscellaneous Application E072 of 2023) [2023] KEHC 26974 (KLR) (Judicial Review) (19 December 2023) (Ruling)

✦ The Application is meritorious and the leave granted will operate as a stay pending the hearing and determination of the substantive suit.

Inuka Afrika v Iguanya (Civil Appeal E011 of 2023) [2023] KEHC 27003 (KLR) (19 December 2023) (Ruling)

✦ Leave to file appeal out of time is granted, the memorandum of appeal is deemed properly filed, and orders for stay pending appeal are granted.