Kenyan case law
-
In re Estate of David Njenga Ngacha (Deceased) (Miscellaneous Application 742 of 2008) [2022] KEHC 14780 (KLR) (Family) (7 October 2022) (Judgment)
✦ The Grant of letters of Administration and the Certificate of Confirmed Grant are revoked. The Administrators are ordered to provide a full inventory and accounts of the estate within 60 days.
-
In re Estate of Godfrey Alati Olukoye (Deceased) (Succession Cause 2044 of 2010) [2022] KEHC 14034 (KLR) (Family) (7 October 2022) (Ruling)
✦ The court directs that the summons for confirmation of the grant be heard by way of viva voce evidence, and parties are at liberty to file and exchange further evidence by October 31, 2022.
-
Robinson Onyango Malombo t/a OM Robinson & Co Advocates v Ephraim (Miscellaneous Application E011 of 2021) [2022] KEHC 14579 (KLR) (7 October 2022) (Judgment)
✦ The court is inclined to enter judgment in favor of the applicant as prayed for.
-
Omulama v Attorney General & another (Civil Appeal E17 of 2020) [2022] KEHC 13845 (KLR) (7 October 2022) (Judgment)
✦ The appeal is without merit, and the suit is dismissed. Each party shall bear their own costs.
-
CIC General Insurance Company Limited v Nyabera (Civil Suit 19 of 2014) [2022] KEHC 13887 (KLR) (7 October 2022) (Judgment)
✦ The defendant is not liable for the other unauthorized passengers not included in the policy document.
-
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.
-
Republic v Lumonye & 2 others (Criminal Case 25 of 2019) [2022] KEHC 13671 (KLR) (7 October 2022) (Ruling)
✦ The court finds and holds that there is no material upon which to convict the accused of murder.
-
PCL (Suing as legal representative and administrator of the Estate of AL - Deceased) v Kenya Power & Lighting Co Ltd (Civil Appeal 20 of 2019) [2022] KEHC 14149 (KLR) (7 October 2022) (Judgment)
✦ Affirming the judgment of the trial court
-
Muhonja & another v Kiprono (Civil Appeal 153 of 2018) [2022] KEHC 13756 (KLR) (7 October 2022) (Judgment)
✦ The appeal is dismissed. The multiplier of 18 years for loss of dependency is upheld. The failure to consider the appellants' written submissions is noted but not a ground for reversal. The trial court's finding that the deceased did not present evidence to prove his claim is upheld.
-
Nichani & another v Kimani (Civil Appeal E457 of 2021) [2022] KEHC 13631 (KLR) (Civ) (7 October 2022) (Judgment)
✦ The appeal is dismissed with costs to the respondent.
-
Republic v Mang’eni (Criminal Case 49 of 2014) [2022] KEHC 13667 (KLR) (7 October 2022) (Ruling)
✦ The accused is put on her defence.
-
In re Estate of Andrea Komeri Shamala (Deceased) (Succession Cause 437 of 2014) [2022] KEHC 13883 (KLR) (7 October 2022) (Judgment)
✦ The estate should be distributed as it is occupied by the two houses, and the parcel in Seyi Sambuli's name should be transmitted to the joint names of the administrators and then distributed equally among the two houses.
-
Tumaz & Tumaz Enterprises Limited v Oliver Chapa Chonga & another (Miscellaneous Civil Application E106 of 2021) [2022] KEHC 13763 (KLR) (7 October 2022) (Ruling)
✦ The court dismissed the application to set aside the arbitral award and ordered the award to be enforced.
-
Regeru v Nation Media Group Limited (Civil Case 433 of 2006) [2022] KEHC 13528 (KLR) (Civ) (7 October 2022) (Judgment)
✦ The learned judge found that there was indeed a reasonable cause of action, the publications were defamatory, the defence of fair comment was not available, and the newspapers had circulation nationally, regionally, and globally.
-
Republic v Musera (Criminal Case 48 of 2018) [2022] KEHC 13759 (KLR) (7 October 2022) (Ruling)
✦ The accused is placed on her defence and the case is remanded for further proceedings.
-
Gatonye v Nation Media Group Limited (Civil Case 431 of 2006) [2022] KEHC 13530 (KLR) (Civ) (7 October 2022) (Judgment)
✦ The learned judge found that there was indeed a reasonable cause of action, the publications were defamatory, the defence of fair comment was not available, and the newspapers had circulation nationally, regionally, and globally through the internet. The plaintiff was not entitled to an order of mandatory injunction due to the expiration of time since the publications were made.
-
Yataba v Republic (Miscellaneous Criminal Application 61 of 2020) [2022] KEHC 13662 (KLR) (7 October 2022) (Ruling)
✦ The sentence imposed by the Court of Appeal shall be reckoned with from the date of arraignment before the trial court.
-
Namunyu v Republic (Miscellaneous Criminal Application 31 of 2020) [2022] KEHC 13853 (KLR) (7 October 2022) (Ruling)
✦ The application for review of sentence is dismissed. The mandatory sentence of not less than 15 years is upheld.
-
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.
-
Njuguna v Director of Public Prosecutions (Criminal Petition 42 of 2019) [2022] KEHC 13760 (KLR) (7 October 2022) (Ruling)
✦ The petition is accordingly dismissed.
-
Uniglobe Northline Travel Limited v Maverick Picture Works Limited (Civil Appeal E045 of 2022) [2022] KEHC 13531 (KLR) (Commercial and Tax) (7 October 2022) (Judgment)
✦ The court dismisses the appeal and orders costs to the respondent assessed at Kshs 30,000.00.
-
Esteem Industries Inc v Commissioner of Domestic Taxes (Civil Appeal ITA E033 of 2021) [2022] KEHC 13971 (KLR) (Commercial and Tax) (7 October 2022) (Judgment)
✦ The court held that the input VAT claim was time barred as it was not filed within six months from the end of the tax period.
-
Wafula & another v Republic (Criminal Appeal 57 & 58 of 2021 (Consolidated)) [2022] KEHC 13822 (KLR) (7 October 2022) (Judgment)
✦ Appeals dismissed; convictions and sentences upheld
-
In re Estate of Masai Chesititi Kuusani (Deceased) (Succession Cause 179 of 1998) [2022] KEHC 14154 (KLR) (7 October 2022) (Judgment)
✦ The application lacks merit and the revoked grant of letters of administration is hereby reinstated.
-
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.