Kenyan case law
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Makenzi v Republic (D.P.P) (Miscellaneous Criminal Application 91 of 2019) [2022] KEHC 13609 (KLR) (7 October 2022) (Ruling)
✦ The application is dismissed and the lower court file No. CMCCRC No. 1391/2018 is remitted back to that court for the matter to be progressed and heard on the merits.
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Chepkwony v Chetambe & another (Civil Suit 15 of 1995) [2022] KEHC 13862 (KLR) (7 October 2022) (Ruling)
✦ The application is dismissed with costs as the decree has not become stale and there have been attempts at execution within 12 years.
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Republic v Maende & 4 others (Criminal Case 6 of 2021) [2022] KEHC 13575 (KLR) (7 October 2022) (Ruling)
✦ The accused persons are put on their defence.
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Omurunga & another v Director of Public Prosecution & another (Criminal Petition 001 of 2022) [2022] KEHC 13598 (KLR) (7 October 2022) (Judgment)
✦ The petition is dismissed, and there shall be no order on costs.
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BM v MGW (Civil Suit 40 of 2015) [2022] KEHC 14757 (KLR) (Family) (7 October 2022) (Judgment)
✦ The court finds a valid marriage existed and the property belongs to the parties equally, with the Plainti entitled to a 50% share.
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Mwachidete v Mwangumaye (Civil Miscellaneous Application 156 of 2021) [2022] KEHC 17045 (KLR) (7 October 2022) (Ruling)
✦ The applicant's prayer for a stay of execution is granted, but the prayer for a stay of proceedings in the declaratory suit is spent.
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Waiyaki v Mwachinga & 2 others (Civil Suit 79 of 2015) [2022] KEHC 17041 (KLR) (7 October 2022) (Judgment)
✦ The court determines that the plaintiff has the requisite locus standi to bring the suit and is entitled to the claim for general damages.
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GKK v Republic (Criminal Appeal E002 of 2020) [2022] KEHC 13744 (KLR) (7 October 2022) (Judgment)
✦ The conviction is secure and the sentence lawful.
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In re Estate of Agnes Mumbi Joseph Njau (Deceased) (Succession Cause 1102 of 2016) [2022] KEHC 14897 (KLR) (Family) (7 October 2022) (Ruling)
✦ The applicant is not a beneficiary to the estate of the deceased. The dispute relates to the question of ownership of the suit land. The Environment and Land Court (ELC) is the proper forum to determine the ownership of the suit land.
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Masinde v Republic (DPP) (Miscellaneous Criminal Application E071 of 2021) [2022] KEHC 13711 (KLR) (7 October 2022) (Ruling)
✦ The application is dismissed as the applicant did not file any affidavits and the court finds no evidence of bias.
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Wanjiru v Niyibizi & another (Civil Appeal 748 of 2019) [2022] KEHC 13700 (KLR) (Civ) (7 October 2022) (Judgment)
✦ The appeal is dismissed with costs to the 1st respondent.
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Viazi Limited v Standard Chartered Bank (Commercial Case E947 of 2021) [2022] KEHC 13973 (KLR) (Commercial and Tax) (7 October 2022) (Ruling)
✦ The court found that Viazi did not demonstrate a prima facie case with a probability of success to obtain an interlocutory injunction, and thus denied the application.
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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.
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Aura v Director of Public Prosecutions (Criminal Appeal 2 of 2020) [2022] KEHC 13713 (KLR) (7 October 2022) (Judgment)
✦ The appeal is dismissed. The sentence imposed by the trial court is confirmed.
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Njege v Careprime General Merchants Ltd & another (Civil Appeal 25 of 2020) [2022] KEHC 16089 (KLR) (Civ) (7 October 2022) (Judgment)
✦ The learned magistrate was functus o�cio and the application was dismissed.
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Momentum Credit Limited v Mwaura (Civil Appeal E085 of 2021) [2022] KEHC 13720 (KLR) (Commercial and Tax) (7 October 2022) (Judgment)
✦ The court sets aside the judgment of the small claims court and orders a judgment for the appellant for Kshs 1,000,000.
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Mombasa Highway Transport Co Ltd v Spire Bank (Civil Appeal 9 of 2019) [2022] KEHC 14268 (KLR) (7 October 2022) (Ruling)
✦ The application dated July 31, 2019 is totally misconceived and is hereby dismissed with costs.
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Instalaciones Inabensa S.A. v Kenya Electricity Transmission Co. Limited (KETRACO) (Miscellaneous Application E445 of 2019) [2022] KEHC 13677 (KLR) (Commercial and Tax) (7 October 2022) (Ruling)
✦ The court dismissed KETRACO's application for review.
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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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Republic v SC (Criminal Case E013 of 2020) [2022] KEHC 13800 (KLR) (7 October 2022) (Sentence)
✦ The Accused is sentenced to a non-custodial probation sentence for three years.
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Tasha Enterprises (K) Limited v Barasa (Civil Appeal 84 of 2018) [2022] KEHC 13886 (KLR) (7 October 2022) (Judgment)
✦ The appellant is not liable for the accident and is discharged from liability
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Omusula v Director of Public Prosecutions (Criminal Appeal 52 of 2017) [2022] KEHC 13574 (KLR) (7 October 2022) (Judgment)
✦ The conviction and sentence are affirmed
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Captain Motorcycles Manufacturing Co Ltd v Wanyoike (Miscellaneous Civil Application E655 of 2021) [2022] KEHC 15600 (KLR) (Civ) (7 October 2022) (Ruling)
✦ The court finds no good reason for the delay and denies the application for leave to appeal out of time. The court also denies the application for stay of execution.
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Manana & 4 others v Director of Surveys & another; County Government of Bungoma & 4 others (Interested Parties) (Constitutional Petition 9 of 2019) [2022] KEHC 14145 (KLR) (7 October 2022) (Judgment)
✦ The court finds that the petitioners' complaint is not within the jurisdiction of the court and dismisses the petition.
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Gulf African Bank Limited v Petroafric Company Limited & 2 others (Civil Suit E154 of 2020) [2022] KEHC 14006 (KLR) (Commercial and Tax) (7 October 2022) (Ruling)
✦ The application is found to have merit and is hereby allowed. The Taxing Officer's decision is set aside, and the Bill of Costs is remitted for re-taxation on a full indemnity basis.