Kenyan case law

Republic v Francis Kariko Kimani [2014] KEHC 1313 (KLR)

✦ The accused is sentenced to thirty-five years imprisonment without the option of parole for the first twenty years.

John Gisiri Mwana v Republic [2014] KEHC 1340 (KLR)

✦ The appeal is allowed, the conviction and sentence are set aside, and the appellant is directed to appear before Kehancha Senior Residents Magistrates Court on 22nd December 2014 to plead to fresh charges. The appellant shall be refunded Kshs. 700,000 and the balance of Kshs. 50,000 shall be deemed cash bail.

Robert Sila Onyango v Republic [2014] KEHC 813 (KLR)

✦ The appeal is allowed and the appellant is set free

Republic v Samson Otieno Andika [2014] KEHC 790 (KLR)

✦ The court finds insufficient evidence to link the accused with the deceased's death and dismisses the case.

Republic v Arther Onyango Ondigo [2014] KEHC 719 (KLR)

✦ The court directed that the matter be heard afresh before any of the two judges at the station.

Elijah Weru Mathenge v Republic [2014] KEHC 459 (KLR)

✦ The court allows the application on the condition that the applicant executes a bond of Kshs 1,000,000 with one surety of similar amount, or pays cash bail of Kshs 200,000

Daniel Njuguna Mwicigi v Republic [2014] KEHC 452 (KLR)

✦ The court grants the application for bail on reasonable terms

Kaptipin & 43 others v Director Forest & 2 others (Constitutional Petition 6 of 2012) [2014] KEHC 1107 (KLR) (9 December 2014) (Judgment)

Narok County Government v SEC & M Company Limited [2014] KEHC 8557 (KLR)

✦ The court dismissed the application, finding the letter of comfort valid and the arbitrator's decision on the validity of the compromise agreement to be correct.

Sally Jeptoo Mwei v Esther Jepkoech Mwei [2014] KEHC 1146 (KLR)

✦ The application is allowed, and the consent order is stayed pending the appeal.

Brian Oduor Omollo v Republic [2014] KEHC 797 (KLR)

✦ The court upheld the sentence and dismissed the appeal.

Ndwiga Nguu v Raurensia Wambogo Njagi & another [2014] KEHC 946 (KLR)

✦ The court confirms the grant in the estate of the deceased, Njagi Nguu, and denies the protest by the protesters.

KTK Advocates v Fina Bank Limited [2014] KEHC 8735 (KLR)

✦ The court allowed the client's application in part, varying the ruling and order on taxation to keep the instruction fees unchanged but remitting the getting up fees to the taxing master for reconsideration.

Martin Kihuti Kibe v Republic [2014] KEHC 442 (KLR)

✦ The court grants bail to the applicant in the amount of one million Kenya Shillings with one suitable surety.

In re FM (Minor) [2014] KEHC 616 (KLR)

✦ The court allows the application for adoption and orders that E V is hereby allowed to adopt Baby F M. She shall henceforth be known as C K M.

Ashok Kumar Rambhai Patel v Director of Public Prosecutions & 3 others [2014] KEHC 817 (KLR)

✦ The court finds that discontinuing the criminal proceedings would be tantamount to interfering with the respondents' lawful actions and would not be in the public interest.

J W N v M K R (Miscellaneous Application 136 of 2014) [2014] KEHC 1069 (KLR) (9 December 2014) (Ruling)

✦ The application is allowed, and the case is consolidated in Nairobi Children's Court.

Republic v Kevin Omondi Ochieng [2014] KEHC 779 (KLR)

✦ The court finds that the prosecution did not prove their case beyond reasonable doubt and acquits the accused.

Kennedy Mutugi v Migwi Gatogoni [2014] KEHC 1055 (KLR)

✦ The application is dismissed with costs to the respondent

Kenya Bus Service Management Ltd v Richard Ochieng Olewe & another [2014] KEHC 666 (KLR)

✦ The trial magistrate's ruling is upheld with necessary variations that both the plaint and defence raise serious triable issues.

James Kariuki Kithaka v Teresia Wangari Warui [2014] KEHC 1044 (KLR)

✦ The application is dismissed with costs as it is not properly before the court and is an abuse of the court process.

Charles Nyamwange Otemwa & 2 others v Registrar – General Ex Parte Republic & 4 others [2014] KEHC 1210 (KLR)

✦ The Court is not convinced that the Respondent's decision was made in breach of the rules of natural justice and the issues raised are issues that revolve around contested facts.

PNO v Republic (Criminal Appeal 74 of 2013) [2014] KEHC 960 (KLR) (9 December 2014) (Judgment)

✦ The conviction and sentence are set aside due to the failure to comply with section 200(3) of the Criminal Procedure Code, and the sentence is unlawful as the appellant was a child at the time of the offence.

Alfred Asidaga Mulima & 2 others v Attorney General & 8 others [2014] KEHC 930 (KLR)

✦ The Court will not be bound by the East African Community Mediation Agreement Act of 1984. The Act did not address the issue of Provident Funds due to the petitioners. The suit is not res judicata. The suit is not time barred and a fair trial can be had. The new Constitution of Kenya, 2010 does not apply retrospectively to upset accrued rights such as limitation of actions.

Adiel Gitari Japhet v Republic [2014] KEHC 1079 (KLR)

✦ The conviction is upheld, but the sentence is reduced from 15 years to 20 years imprisonment.