Kenyan case law
-
South Nyanza Sugar Company Ltd v Aoro (Civil Appeal 59 of 2019) [2022] KEHC 14136 (KLR) (13 October 2022) (Judgment)
✦ The court held that the respondent did not develop the 2 ratoon crops and that the appellant was not entitled to damages.
-
Ng’ang’a v Stima Investment Co-operative Society Ltd (Civil Appeal E633 of 2021) [2022] KEHC 14609 (KLR) (Civ) (13 October 2022) (Ruling)
✦ The application is dismissed with costs.
-
Kimathi v Republic (Criminal Appeal E037 of 2022) [2022] KEHC 13656 (KLR) (13 October 2022) (Judgment)
✦ The court found that penetration was not proved and that the circumstances of the visual identification of the appellant were not free from error, leading to a miscarriage of justice.
-
South Nyanza Sugar Company Ltd v Agutu (Civil Appeal 31 of 2019) [2022] KEHC 14135 (KLR) (13 October 2022) (Judgment)
✦ The court found that the respondent did not prove breach of contract and that the appellant was not entitled to damages.
-
Katuta v Kiilu (Civil Appeal E37 of 2020) [2022] KEHC 14196 (KLR) (13 October 2022) (Judgment)
✦ The court upholds the trial court's rulings and dismisses the appeal.
-
Republic v Kenya Forest Service & 3 others; Warui (Exparte Applicant) (Judicial Review Miscellaneous Application 1 of 2022) [2022] KEHC 14160 (KLR) (13 October 2022) (Ruling)
✦ The Applicant's application for stay is granted.
-
Okoiti v Cabinet Secretary for the National Treasury (Petition 499 of 2017) [2022] KEHC 13679 (KLR) (Constitutional and Human Rights) (13 October 2022) (Judgment)
✦ The court dismissed the petition in totality due to the potential devastating effects on the unsuspecting public.
-
A.Z. Shah t/a Fashion Spot v Jan Mohammed Investment Limited (Civil Suit 513 of 2012) [2022] KEHC 13876 (KLR) (Civ) (13 October 2022) (Judgment)
✦ The defendant's set-off fails, and the plaintiff is entitled to Kshs 500,000 in arrears wrongly paid and/or rent overpaid, with costs and interest from the date of the appeal judgment.
-
Republic v County Secretary of Migori County Government & another; Robi & another (Exparte Applicants) (Judicial Review 8B of 2022) [2022] KEHC 13906 (KLR) (13 October 2022) (Judgment)
✦ The ex-parte applicants are entitled to an order of mandamus and costs.
-
Karen Ngong View Estate Association (KNVEA) v National Environment Management Authority (NEMA) & another (Constitutional Petition 100 of 2016) [2022] KEHC 13697 (KLR) (Constitutional and Human Rights) (13 October 2022) (Ruling)
✦ Both the application and preliminary objection are dismissed with costs.
-
Wakuha v Republic (Criminal Appeal 39 of 2020) [2022] KEHC 14088 (KLR) (13 October 2022) (Judgment)
✦ The appeal on conviction is dismissed, and the sentence of 20 years' imprisonment is reduced to 15 years.
-
Kisilu v Republic (Criminal Appeal E150 of 2021) [2022] KEHC 14187 (KLR) (13 October 2022) (Ruling)
✦ The 10 year imprisonment sentence will be computed to take into account the 1 year and 3 months already served, and the sentence will run from the date of arrest, 10th January 2016.
-
Republic v Manyara & another (Criminal Case 4 of 2014) [2022] KEHC 13645 (KLR) (13 October 2022) (Judgment)
✦ The accused persons were found guilty of murder.
-
Gitonga v Republic (Criminal Appeal E008 of 2021) [2022] KEHC 14721 (KLR) (13 October 2022) (Judgment)
✦ The court found that the prosecution proved its case beyond reasonable doubt and that the appellant did not raise a valid defense.
-
Kamau & another v Vwononi (Civil Appeal E666 of 2021) [2022] KEHC 13959 (KLR) (Civ) (13 October 2022) (Ruling)
✦ The court denied the motion to stay proceedings and set aside orders, finding that the applicants failed to comply with the court orders on payment of adjournment fees.
-
Barasa v Republic (Criminal Appeal E033 of 2021) [2022] KEHC 14080 (KLR) (13 October 2022) (Judgment)
✦ The appeal on conviction is dismissed, and the appeal on sentence is partly successful. The sentence of life imprisonment is set aside and replaced with a sentence of 30 years' imprisonment.
-
Onjonga v Kedaco Savings & Credit Cooperative Society Limited (Miscellaneous Civil Appeal E112 of 2022) [2022] KEHC 14574 (KLR) (Civ) (13 October 2022) (Ruling)
✦ The court grants leave to the applicant to lodge an appeal out of time.
-
Mutwiri v Republic (Criminal Appeal E019 of 2022) [2022] KEHC 13866 (KLR) (13 October 2022) (Judgment)
✦ The 10-year sentence is reduced to commence from the date of arrest, September 14, 2020.
-
Ngenye & another v Aswani (Miscellaneous Civil Application E361 of 2021) [2022] KEHC 13879 (KLR) (Civ) (13 October 2022) (Ruling)
✦ The motion for leave to appeal out of time is granted, and the applicants are directed to file the appeal within 14 days.
-
Hemmys Way Enterprises Ltd v Kenya Electricity Generating Company PLC (Kengen) (Civil Suit E298 of 2021) [2022] KEHC 14469 (KLR) (Civ) (13 October 2022) (Ruling)
✦ The court dismissed the preliminary objection, finding that there was no contractual relationship for enforcement due to the tender's termination before any contract could be executed.
-
Nyadida v Equity Bank (Kenya) Limited & 4 others (Petition 2 of 2019) [2022] KEHC 14416 (KLR) (Commercial and Tax) (13 October 2022) (Judgment)
✦ The court found that the petitioner has not made out a case for the granting of the prayers sought in the petition.
-
Muliga & another v Republic (Criminal Appeal 101 of 2019) [2022] KEHC 14245 (KLR) (13 October 2022) (Judgment)
✦ The conviction for robbery with violence and gang rape is upheld.
-
Cool Collections Limited v Commissioner of Investigations and Enforcement (Income Tax Appeal E133 of 2021) [2022] KEHC 14526 (KLR) (Commercial and Tax) (13 October 2022) (Ruling)
✦ The court allows the application and issues an order for a stay of execution pending the appeal.
-
Nambianga v Republic (Criminal Appeal 113 of 2019) [2022] KEHC 14013 (KLR) (13 October 2022) (Judgment)
✦ The appellant's failure to be provided legal representation did not prejudice him as he was able to participate in the trial and cross-examine witnesses.
-
National Industrial Credit Bank & 2 others v Makau & 2 others (Civil Appeal E33 of 2021) [2022] KEHC 17279 (KLR) (13 October 2022) (Ruling)
✦ The application is struck out with costs.