Kenyan case law

Duncan Mayodi Asenji v Republic [2016] KEHC 8470 (KLR)

✦ The court finds that the appellant's identification was not proper and that the prosecution's evidence was not corroborated. The court resolves doubts in favor of the appellant.

Phylis Ciatharaka v Joramson Mutegi Ikenda [2016] KEHC 453 (KLR)

✦ The court finds that the Applicant is the beneficiary of the estate of the deceased and is entitled to inherit the entire estate.

Joel Lekuta v The National Police Service Commission [2016] KEHC 105 (KLR)

✦ The appeal is dismissed as there was sufficient evidence to convict the appellant of incest.

In re J (Baby) (Adoption Cause 170 of 2014) [2016] KEHC 254 (KLR) (Family) (13 December 2016) (Judgment)

✦ The Court holds that the Applicants have met the criteria of local adoptions and it would be in the child's best interest if he was adopted.

Republic v National Land Commission & another exparte Salim Gulamhussein Gilani [2016] KEHC 589 (KLR)

✦ The Court orders prohibition against the National Land Commission from conducting hearings, investigations, and issuing pronunciations regarding the applicant's title No. Nakuru Municipality Block 17/119 based on the 2nd Respondent's complaint.

Republic v Public Procurement Administrative Review Board & 2 others Masinde Muliro University of Science and Technology [2016] KEHC 106 (KLR)

✦ The court quashed the decision of the Respondent and ordered the decision to be quashed.

Peter Mucheni Linus & another v Republic [2016] KEHC 192 (KLR)

✦ The court declines to make any orders of review as these matters should be raised before the trial court.

In re E A (Child) [2016] KEHC 911 (KLR)

Martin Muthomi Mwikamba v Republic [2016] KEHC 797 (KLR)

✦ The appeal is dismissed as the prosecution proved the charges and the Appellant's defence was not considered.

Oyule Ngata v Leonard Wakhisi [2016] KEHC 1040 (KLR)

✦ The court stays the matter and directs the plaintiff to lodge the dispute at the Business Premises Tribunal or await the posting of the ELC court to give directions on the dispute.

Agrotechno Resources (E.A.) Limited v Rufus Mugambi & 3 others [2016] KEHC 529 (KLR)

✦ The plaintiff is awarded Kshs.4,544,850 in special damages, a mandatory injunction for delivery of goods, Kshs.2,400,000 in general damages, and costs at high scale with interest.

Directline Assurance Company Limited v Wilkinson Mwenda Erastus & 7 others [2016] KEHC 450 (KLR)

✦ The appeals are allowed with costs, and the trial court's reliance on documents produced through submissions is found to be erroneous.

S Y M v Republic [2016] KEHC 293 (KLR)

✦ Affirming the conviction and sentence, the court dismissed the Appellant's appeal.

Republic Tevin Gaddafi Nyangendo Alias Dan (Criminal Case 105 of 2014) [2016] KEHC 339 (KLR) (Crim) (13 December 2016) (Ruling)

✦ The court finds that the prosecution has established a case against the accused and places him on his defense.

Duncan Mayodi Asenji v Republic [2016] KEHC 34 (KLR)

✦ The conviction is set aside due to the lack of proper identification and the prosecution's failure to prove the case beyond a reasonable doubt.

Simon Kamangara Wanuthia v Republic [2016] KEHC 499 (KLR)

✦ The application filed on 8/12/2016 is res judicata and is accordingly struck out in limine.

Rehankantilal Shah v Director of Public Prosecutions & 3 others [2016] KEHC 8361 (KLR)

✦ The Court finds that the Respondents violated the Petitioner's rights under Articles 31, 39, and 40 of the Constitution.

Republic v Fatma Nabhany [2016] KEHC 324 (KLR)

✦ The trial magistrate erred in finding the 7th accused in contempt of court, and the decision is set aside

K I H v A A H [2016] KEHC 765 (KLR)

✦ The appeal is allowed in part, and the orders of the Kadhi's court are changed to the extent that the appellant is granted custody of all the children of the marriage, and the respondent will have a right of access to the said children.

Rehan Kantilal Shah v Director of Public Prosecution & 3 others [2016] KEHC 987 (KLR)

✦ The court found that the evidence obtained was not in violation of the law and thus admissible, and the application for prohibition and certiorari was dismissed.

Oliver Onserio Nyanducha v Josephine Nyanchera [2016] KEHC 720 (KLR)

✦ The petition is res judicata and the cause is struck out

In re M A & another (Infants) [2016] KEHC 321 (KLR)

✦ The court authorizes the adoption of the infants by the applicant and directs the Registrar General to make the necessary entries in the Adopted Children's Register.

In re Estate of Wilson Gathungu Macharia (Deceased) [2016] KEHC 389 (KLR)

✦ The court finds that the bank largely complied with the order and dismisses the application for contempt of court.

Patrick Njoroge Kimani & 5 others v National Transport & Safety Authority [2016] KEHC 767 (KLR)

✦ The court's jurisdiction under Article 165 of the Constitution cannot be limited by the Co-operative Societies Act and Sacco Societies Act.

Centurion Engineers & Builders Ltd v Kenya Bureau of Standards [2016] KEHC 307 (KLR)

✦ The Court sets aside the Award of the learned Arbitrator and dismisses the Application to have the Award recognized and adopted as the court's judgment.