Kenyan case law
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Republic v Cabinet Secretary Ministry of Defence; Odiaga (Exparte) (Application 63 of 2015) [2022] KEHC 18096 (KLR) (Judicial Review) (6 October 2022) (Ruling)
✦ The application is misconceived and an abuse of the process of the Honourable Court. The application is hereby dismissed but I make no order as to costs.
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Otieno v Republic (Criminal Appeal E100 of 2021) [2022] KEHC 13395 (KLR) (6 October 2022) (Judgment)
✦ The appeal is allowed, the conviction and sentence are quashed, and the appellant is ordered to be released from prison.
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BM v Republic (Criminal Appeal E058 of 2021) [2022] KEHC 13461 (KLR) (6 October 2022) (Judgment)
✦ The conviction for rape is affirmed, with the sentence reduced from ten (10) years to seven (7) years.
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Kinyua v Gichere & another (Both suing as the administrators of the estate of the Late Peter Njonjo Kamau) (Miscellaneous Civil Application E073 of 2021) [2022] KEHC 13486 (KLR) (6 October 2022) (Ruling)
✦ The application is dismissed for lack of merit with costs
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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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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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In Re Adoption of T (Baby) (Adoption Cause E015 of 2021) [2022] KEHC 13809 (KLR) (6 October 2022) (Judgment)
✦ The applicants are allowed to adopt baby T, and the baby is renamed PTMM.
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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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Mutisya v Republic (Criminal Appeal E015 of 2021) [2022] KEHC 15446 (KLR) (6 October 2022) (Judgment)
✦ The court found the appellant guilty of attempted murder and upheld the sentence of 10 years imprisonment.
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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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Lomolo (1962) Limited v Mashere (Civil Appeal 116 of 2016) [2022] KEHC 13566 (KLR) (6 October 2022) (Judgment)
✦ The appellant was not liable for the injuries sustained by the respondent as the respondent failed to prove employment relationship with the appellant and that he was not injured while in the course of employment by the appellant.
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Assets Recovery Agency v Njoroge; Mesel (Proposed Interested Party) (Civil Application E006 of 2022) [2022] KEHC 13621 (KLR) (Anti-Corruption and Economic Crimes) (6 October 2022) (Ruling)
✦ The application for joinder is allowed, and De Mesel is granted an opportunity to participate in the proceedings.
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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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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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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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Mary v Republic (Criminal Appeal E072 of 2021) [2022] KEHC 13458 (KLR) (6 October 2022) (Judgment)
✦ The conviction on count I is quashed and the sentence is set aside. The conviction on count II is upheld with a fine of Kshs 9,000 and a default imprisonment of one year.
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Massawe v Sidian Bank (K) Limited & 2 others (Civil Appeal 192 of 2021) [2022] KEHC 13642 (KLR) (6 October 2022) (Ruling)
✦ The court granted the interim and permanent injunctions sought by the applicant.
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FKM v HWK (Miscellaneous Case E073 of 2022) [2022] KEHC 13584 (KLR) (Family) (6 October 2022) (Ruling)
✦ The application for extension of time to file an appeal is allowed with costs to the respondent, and the appeal must be filed and served within 14 days.
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Republic v Wakhungu & another (Criminal Case 38 of 2019) [2022] KEHC 13890 (KLR) (6 October 2022) (Judgment)
✦ The court finds accused 2 Mary Wakhungu not guilty of murder and acquits her. The court finds accused 1 guilty of manslaughter.
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In re Estate of John Gitau Kimani (Deceased (Succession Cause 2 of 2016) [2022] KEHC 13500 (KLR) (6 October 2022) (Ruling)
✦ The court finds that Jacenta has intermeddled with the deceased's estate and orders her eviction and the demolition of her illegal structures.
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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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Republic v Ochieng (Criminal Case 80 of 2019) [2022] KEHC 13912 (KLR) (Crim) (6 October 2022) (Sentence)
✦ The accused is sentenced to ten (10) years imprisonment, to be effective from the date of arraignment, December 10, 2019.
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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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Mumbo v Republic (Criminal Appeal E028 of 2021) [2022] KEHC 13821 (KLR) (6 October 2022) (Judgment)
✦ The conviction is quashed and the appellant is set at liberty
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Wangoro & another v Republic (Criminal Case E220 of 2021) [2022] KEHC 13812 (KLR) (6 October 2022) (Ruling)
✦ The court reinstated the president's commutation of death sentences to life imprisonment.