Kenyan case law
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Muhula v Republic (Miscellaneous Criminal Application E129 of 2022) [2022] KEHC 14253 (KLR) (12 October 2022) (Ruling)
✦ The application is not merited due to the inordinate delay and lack of explanation.
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Onyango v Republic (Miscellaneous Criminal Application E132 of 2022) [2022] KEHC 14019 (KLR) (12 October 2022) (Ruling)
✦ The application is dismissed as the court has already ordered that the appeal against sentence succeeds only to the extent that the 25 years imprisonment is calculated from the date of arrest.
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Cic General Insurance Group Ltd v Marube (Civil Appeal 9 of 2017) [2022] KEHC 13668 (KLR) (12 October 2022) (Ruling)
✦ The court held that the Applicant is liable to pay the Respondent the amount of Kshs 3,000,000/= and part of the interest, and that the Appeal and the primary suit should be marked as closed upon payment of the sum certified as due and owing by the court.
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Ndungu v Serem (Civil Appeal 110 of 2019) [2022] KEHC 13599 (KLR) (12 October 2022) (Judgment)
✦ The appeal is dismissed with costs.
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Mbevi v Republic (Criminal Appeal 14 of 2018) [2022] KEHC 15184 (KLR) (12 October 2022) (Judgment)
✦ The conviction and sentence are quashed, and the case is remanded for retrial
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Lemna Internation Inc v National Housing Corporation (Miscellaneous Civil Application E299 of 2020) [2022] KEHC 13945 (KLR) (Civ) (12 October 2022) (Ruling)
✦ The application for a stay of execution is denied.
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Ongong’a v Republic (Criminal Appeal 11 of 2020) [2022] KEHC 13658 (KLR) (12 October 2022) (Judgment)
✦ The conviction and sentence are quashed, and the appellant is set at liberty.
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Republic v Arasa & 2 others (Criminal Case E009 of 2020) [2022] KEHC 13694 (KLR) (12 October 2022) (Ruling)
✦ The prosecution has not established a prima facie case against any of the accused, and the court acquits each of them of the charge of murder.
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Okumu v Republic (Criminal Petition E016 of 2022) [2022] KEHC 13892 (KLR) (12 October 2022) (Ruling)
✦ The court dismisses the application as there are no grounds to resentence the applicant and the convict deserved the punishment meted out.
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Republic v Kithinji (Criminal Case 18 of 2019) [2022] KEHC 14794 (KLR) (12 October 2022) (Judgment)
✦ The court found that the prosecution proved the ingredients for the charge of murder, including the death of the deceased, the accused's involvement, and the presence of malice aforethought.
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Munguti & another v Simiyu & another (Suing as administratrix of Estate Of the late Frank Mwasi Mwabaga) (Civil Appeal 45 of 2019) [2022] KEHC 13675 (KLR) (12 October 2022) (Judgment)
✦ The court sets aside the award of general damages and remits the case for re-evaluation
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Kirema v Republic (Criminal Appeal E014 of 2020) [2022] KEHC 14793 (KLR) (12 October 2022) (Judgment)
✦ The court found that the prosecution proved its case against the Appellant to the required standard and that the Appellant was accorded a fair trial. The sentence was not harsh or excessive.
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In re Urbanus Kyongoi Mule (Insolvency Cause 1 of 2019) [2022] KEHC 13950 (KLR) (12 October 2022) (Ruling)
✦ The court finds the petitioner bankrupt and grants relief under the Insolvency Act.
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Pamba v Republic (Miscellaneous Criminal Application E080 of 2022) [2022] KEHC 13740 (KLR) (12 October 2022) (Ruling)
✦ The application is dismissed as it is found to be a mockery of justice and lacks merit.
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Pejo & 3 others v Republic (Criminal Revision E031 of 2011) [2022] KEHC 15196 (KLR) (12 October 2022) (Ruling)
✦ The court declines to grant the stay of criminal proceedings as the applicants have not shown that they would suffer prejudice if both criminal and civil proceedings continue concurrently.
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Ayiera v Kimwomi & 3 others (Election Petition E002 of 2022) [2022] KEHC 13610 (KLR) (12 October 2022) (Ruling)
✦ Leave is granted to the petitioner to file and serve the amended petition out of time
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Gikono & another & another v Attorney General & another (Constitutional Petition 1 of 2019) [2022] KEHC 13954 (KLR) (11 October 2022) (Ruling)
✦ Kshs 150,000/= is awarded to each petitioner as reasonable compensation for unlawful arrest and detention.
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Njau v Republic (Criminal Appeal E028 of 2020) [2022] KEHC 14123 (KLR) (Crim) (11 October 2022) (Judgment)
✦ The appeal is dismissed in its entirety. The sentence is found to be fair and proportionate to the offence committed.
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Mwaiwa v Republic (Criminal Appeal E045 of 2021) [2022] KEHC 13636 (KLR) (11 October 2022) (Judgment)
✦ The appeal is dismissed. The conviction and sentence are upheld.
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Okinja v Republic (Miscellaneous Criminal Application E074 of 2022) [2022] KEHC 13738 (KLR) (11 October 2022) (Ruling)
✦ The court declines the request and orders the applicant to pay for certified copies of proceedings and judgment and for the preparation of the record of appeal.
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Kirti Enterprises Limited v Wadia Contruction Company Limited; I&M Bank Limited (Objector) (Civil Suit E263 of 2021) [2022] KEHC 13734 (KLR) (Civ) (11 October 2022) (Ruling)
✦ The judgment against the defendant should not be set aside. The debentures create a first specific fixed charge over the defendant's plant machinery and vehicles, and the objector's motion must succeed.
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Macharia v Githendu (Probate & Administration E0015 of 2021) [2022] KEHC 13859 (KLR) (11 October 2022) (Ruling)
✦ The grant ad litem is upheld for ninety days to enable the respondent to file or cause to be filed either a petition for grant of letters of administration or a citation requiring the persons most entitled to do so.
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Chiande v Republic (Miscellaneous Criminal Application E056 of 2021) [2022] KEHC 13852 (KLR) (11 October 2022) (Ruling)
✦ The court dismisses the application for sentence review, stating that it lacks jurisdiction to reconsider the sentence as found by the Court of Appeal.
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Kagera & another v Director of Public Prosecution (Criminal Petition E020 of 2021) [2022] KEHC 14079 (KLR) (11 October 2022) (Ruling)
✦ The Court of Appeal had jurisdiction to reduce the death sentence to 25 years, and the petitioners were not denied the opportunity to mitigate their sentence.
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Elumbe v Republic (Criminal Revision E423 of 2021) [2022] KEHC 13666 (KLR) (Crim) (11 October 2022) (Ruling)
✦ The sentence is reduced to the period served, and the applicant is released forthwith unless lawfully held.