Kenyan case law
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Njeru & another v Nyakundi (Civil Appeal E021 of 2021) [2022] KEHC 13963 (KLR) (11 October 2022) (Judgment)
✦ The judgment of the trial court on both liability and quantum is set aside. The court substitutes an assessment of quantum for general damages for Kshs 200,000/= and liability at 80%:20% in favor of the respondent.
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Shah And Parekh v Kenindia Assurance Company Limited (Miscellaneous Civil Application 405 of 2017) [2022] KEHC 13786 (KLR) (Civ) (11 October 2022) (Ruling)
✦ The court orders the striking out of the reference with costs.
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In re Baby RKM (Adoption Cause E178 of 2022) [2022] KEHC 14902 (KLR) (Family) (11 October 2022) (Judgment)
✦ The court finds that all legal prerequisites for adoption have been met, and the applicant is a suitable adoptive parent. The child's consent has also been obtained.
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Abinya v Republic (Miscellaneous Criminal Application E090 of 2022) [2022] KEHC 13895 (KLR) (11 October 2022) (Ruling)
✦ The order of August 4, 2022 committing both sureties to six months in jail is quashed and set aside. The two sureties are released from custody.
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JWS v Republic (Criminal Appeal E103 of 2020) [2022] KEHC 14221 (KLR) (11 October 2022) (Judgment)
✦ The appeal is dismissed. The sentence of twenty years' imprisonment is ordered to commence from the date of arrest, August 22, 2019.
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Oluoch v Republic (Miscellaneous Criminal Application E096 of 2022) [2022] KEHC 14029 (KLR) (11 October 2022) (Ruling)
✦ The application is dismissed as misguided and not merited.
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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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Ezy Ventures Limited v Mutiso (Suing in his capacity as the administrator and legal representative of the Estate of Joshua Mutinda Mbithi – Deceased) (Civil Appeal E016 of 2020) [2022] KEHC 14436 (KLR) (11 October 2022) (Judgment)
✦ The Appeal is dismissed and the Trial court’s judgment is upheld.
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Kenya Commercial Bank Ltd v Majengo (Miscellaneous Civil Case E027 of 2022) [2022] KEHC 14024 (KLR) (11 October 2022) (Ruling)
✦ The respondent does not deserve costs in the appeal and trial court proceedings because he benefited from an illegal act.
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Republic v Njeru (Criminal Case 5 of 2018) [2022] KEHC 13684 (KLR) (11 October 2022) (Judgment)
✦ The court found the prosecution did not prove its case beyond reasonable doubt and acquitted the accused of murder.
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Otieno v Republic (Miscellaneous Criminal Application E092 of 2022) [2022] KEHC 14028 (KLR) (11 October 2022) (Ruling)
✦ The application is allowed and the 20 years imprisonment shall be calculated from the date of arrest on 17/1/2016.
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Robert & another v Koigi (Civil Appeal E015 of 2020) [2022] KEHC 14067 (KLR) (11 October 2022) (Judgment)
✦ The liability is 100% against the appellant/defendant, and general damages of Kshs 250,000 is awarded.
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Sagalla Ranchers Limited v Mwadilo & another (Civil Suit 1 of 2018) [2022] KEHC 14511 (KLR) (11 October 2022) (Ruling)
✦ The court dismissed the preliminary objection and allowed the suit to proceed.
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Malonza v The Nairobi City County & 2 others (Petition E027 of 2021) [2022] KEHC 13632 (KLR) (Constitutional and Human Rights) (11 October 2022) (Judgment)
✦ The court found that the petitioner's rights were violated and ordered the respondents to release the petitioner's motor vehicle within seven days or any shorter period as the court may deem fit.
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Olambo v Republic (Miscellaneous Criminal Application E087 of 2022) [2022] KEHC 13737 (KLR) (11 October 2022) (Ruling)
✦ The application is dismissed as the applicant is found guilty of laches and unexplained inordinate delay.
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Ndeto v Republic (Criminal Revision E058 of 2021) [2022] KEHC 13851 (KLR) (Crim) (11 October 2022) (Ruling)
✦ The sentence is revised to 10 years imprisonment, less the 1 year spent in remand custody.
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Masasu v Wanjala (Civil Appeal 63 of 2021) [2022] KEHC 13900 (KLR) (7 October 2022) (Judgment)
✦ The appeal is upheld and the judgment and decree of Hon. S. O. Mogute P.M. is set aside.
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Republic v Wakabe & 2 others (Criminal Case 20 of 2018) [2022] KEHC 14152 (KLR) (7 October 2022) (Judgment)
✦ The court finds that Andrew Wafula Njabikha is guilty of murder and convicts him. Edwin Mukhwana Nambafu is found not guilty.
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Republic v Director of Public Prosecution; Lihanda & 2 others (Exparte) (Judicial Review 5 of 2021) [2022] KEHC 13603 (KLR) (7 October 2022) (Judgment)
✦ The motion is dismissed with costs as it was filed in abuse of process.
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Republic v Ngeno (Criminal Case 13 of 2015) [2022] KEHC 13797 (KLR) (7 October 2022) (Ruling)
✦ The accused has a case to answer.
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In re Estate of Himatlal Jevatlal Mehta (Deceased) (Succession Cause 426 of 2011) [2022] KEHC 14553 (KLR) (7 October 2022) (Ruling)
✦ The application for removal of Maria as an executor is allowed, and she is ordered to sign necessary transfer documents within 30 days. If she fails, the remaining executors must sign the documents with court approval. Vandana is entitled to the funds in the account.
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Zillion Farm Limited & another v Josephine Mukai & another (Suing for and on behalf of the Dependants and Estate of Johnson Wachira Wahome - Deceased) (Civil Appeal E225 of 2020) [2022] KEHC 14565 (KLR) (Civ) (7 October 2022) (Judgment)
✦ The special damages awarded are set aside, and the cost of filing for letters of administration and motor vehicle search is upheld.
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Republic v Khasembeli & another (Criminal Case 20 of 2019) [2022] KEHC 14004 (KLR) (7 October 2022) (Judgment)
✦ The court finds the prosecution did not prove the accused committed murder beyond reasonable doubt and acquits them.
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Mayfair Insurance Company Limited v Mwangi & another (Civil Appeal E050 of 2021) [2022] KEHC 13701 (KLR) (Civ) (7 October 2022) (Judgment)
✦ The appeal is without merit and is dismissed with costs to the 1st respondent.
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M v M (Civil Suit 37 of 2018) [2022] KEHC 14837 (KLR) (Family) (7 October 2022) (Ruling)
✦ The court dismissed the respondent's notice of preliminary objection as the basis for the objection is not sound and the application is not premature.