Kenyan case law
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In re FM (Baby) (Adoption Cause E020 of 2021) [2022] KEHC 13626 (KLR) (6 October 2022) (Judgment)
✦ The applicants are allowed to adopt the child FM, and the child is presumed to be a Kenyan citizen by birth.
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In re BT(Baby ) (Adoption Cause E021 of 2021) [2022] KEHC 13446 (KLR) (6 October 2022) (Judgment)
✦ The court finds the adoption is in the best interest of the baby and authorizes SPM and ENM to adopt BT.
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In the Matter of the Adoption of Baby F aka CW (Adoption Cause E009 of 2022) [2022] KEHC 13487 (KLR) (6 October 2022) (Judgment)
✦ The applicant is authorized to adopt baby F, who shall be known as CW. DCK and ENM are appointed as legal guardians of the baby. The baby's date and place of birth are declared, and she is presumed to be a Kenyan citizen by birth. The consent of the biological parent/s is dispensed with.
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Erupon v Republic (Criminal Appeal 2 of 2020) [2022] KEHC 13576 (KLR) (6 October 2022) (Judgment)
✦ The default sentences of imprisonment were unlawful and the order that they run concurrently was also unlawful. The sentences are set aside and substituted with twelve months imprisonment in each count, to run consecutively.
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In re Estate of Peter Muia Ndunda (Deceased) (Succession Cause 18 of 2019) [2022] KEHC 14326 (KLR) (6 October 2022) (Ruling)
✦ A fresh grant of letters of administration is issued to Lither Peter Muia, Rose Peter Muia, and Zuena Ngando Kabaru, and they are ordered to gather and collect the estate's assets. The Administrators are to meet and agree on the proposed mode of distribution and file a joint Schedule of Distribution within 6 months.
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Kimweli v Republic (Miscellaneous Criminal Application E080 of 2021) [2022] KEHC 14060 (KLR) (6 October 2022) (Ruling)
✦ The court lacks jurisdiction to revise the judgment of the trial court and dismisses the application
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Kibe v Gitaka (Miscellaneous Case E076 of 2021) [2022] KEHC 13467 (KLR) (6 October 2022) (Judgment)
✦ The originating summons dated April 1, 2021 is without merit and is dismissed with no orders as to costs
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Republic v Mwema & 8 others (Criminal Case 05 of 2017) [2022] KEHC 13469 (KLR) (6 October 2022) (Ruling)
✦ All the nine accused persons have no case to answer and are acquitted of the charge.
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County Government of Meru v DKK (Suing as next friend to HM (minor)) (Civil Appeal E171 of 2022) [2022] KEHC 13404 (KLR) (6 October 2022) (Ruling)
✦ The appeal is disallowed and costs shall abide the outcome of the appeal
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Ethics And Anti-Corruption Commission v Promo Masters Ltd Kenya (Anti-corruption and Economic Crimes Miscellaneous E020 of 2022) [2022] KEHC 13492 (KLR) (Anti-Corruption and Economic Crimes) (6 October 2022) (Ruling)
✦ The application is not merited and is dismissed with costs to the applicant.
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Ndeda v Republic (Miscellaneous Criminal Application 76 of 2018) [2022] KEHC 13772 (KLR) (6 October 2022) (Ruling)
✦ The application for resentencing is dismissed as there is an appeal pending before the Court of Appeal and the applicant was convicted for robbery with violence, not murder.
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Njihia v Republic (Criminal Appeal E015 of 2022) [2022] KEHC 13622 (KLR) (6 October 2022) (Judgment)
✦ The sentence is partially allowed, with the four (4) years imprisonment set aside and the time already served substituted.
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MWR v Republic (Criminal Revision 5 of 2019) [2022] KEHC 13835 (KLR) (6 October 2022) (Judgment)
✦ The application for revision of the applicant's sentence is dismissed as the applicant did not appeal her conviction and sentence, and the court is not entitled to entertain the application for revision.
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Njuguna v Republic (Miscellaneous Criminal Application 279 of 2019) [2022] KEHC 13538 (KLR) (Crim) (6 October 2022) (Ruling)
✦ The application for review is dismissed as the court lacks jurisdiction.
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Macharia v Mutua (Civil Appeal E013 of 2022) [2022] KEHC 14267 (KLR) (6 October 2022) (Ruling)
✦ Stay of execution granted pending appeal
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Zebedayo v Republic (Criminal Appeal E 012 of 2022) [2022] KEHC 13478 (KLR) (6 October 2022) (Judgment)
✦ The appeal is dismissed on conviction, and the sentence is reduced from 20 years to 12 years imprisonment.
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Likoko & 5 others v Makchina1St & another (Civil Case E024 of 2021) [2022] KEHC 13569 (KLR) (6 October 2022) (Ruling)
✦ The court ordered the production of the 2nd respondent's bank statements for the period 2008-2021 as they are relevant and necessary for the determination of the issues in dispute.
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Makokha & another v Maliba ((Suing as Legal Representative of the Estate of Antony Gisiye (Deceased)) (Miscellaneous Civil Application E062 of 2021) [2022] KEHC 13861 (KLR) (6 October 2022) (Ruling)
✦ The appeal is admitted to hearing and will be canvassed by way of written submissions.
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Republic v Wepukhulu & 3 others (Criminal Appeal E011 of 2021) [2022] KEHC 13997 (KLR) (6 October 2022) (Judgment)
✦ The appeal is dismissed. The trial court's acquittal of the respondents is affirmed.
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Hassan v Republic (Criminal Appeal E039 of 2021) [2022] KEHC 13823 (KLR) (6 October 2022) (Judgment)
✦ The appeal is dismissed. The conviction and sentence are upheld.
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Muthuri v Republic (Criminal Appeal E052 of 2021) [2022] KEHC 13767 (KLR) (6 October 2022) (Judgment)
✦ The 20-year sentence is set aside and substituted with a 5-year sentence of imprisonment.
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Kimani v Republic (Criminal Case 14 of 2014) [2022] KEHC 13426 (KLR) (6 October 2022) (Judgment)
✦ The court found that the prosecution had established a prima facie case and that the accused, along with Mwikali, committed the murder.
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Republic v Director of Public Prosecutions; Kang’ethe & 3 others (Exparte); Commercial Bank of Africa Limited (Interested Party) (Application 429 of 2016) [2022] KEHC 18106 (KLR) (Judicial Review) (6 October 2022) (Ruling)
✦ The court allows the application for reconstruction of the court file and orders it to be kept under lock and key or in the strong room.
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NCBKA Bank Kenya PLC v DPP, Ruiru Branch (Criminal Revision E0270 of 2021) [2022] KEHC 13485 (KLR) (6 October 2022) (Ruling)
✦ The magistrate's order was not procedurally or unlawfully issued, and the applicant failed to demonstrate any irregularity.
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In Re Estate of Rev. Ibrahim Muriuki Lithara Mwiragua alias Ibrahim Muriuki Mwiragua alias Ibrahim Muriuki Lithara alias Ibrahim Lithara (Deceased) (Succession Cause 520 of 2013) [2022] KEHC 16220 (KLR) (6 October 2022) (Judgment)
✦ The impugned will is valid, and the application for revocation of the grant is dismissed.