Kenyan case law

Gatheca & another (Sued in their capacity as Chairman and Treasurer of Miri-ini Mixed Organic Farmers (CBO)) v Mwaura & 61 others (Civil Appeal E210 of 2023) [2023] KEHC 27004 (KLR) (19 December 2023) (Ruling)

✦ The court should exercise its discretion to grant the applicants leave to file their appeal out of time.

Karaba v Mauti (Civil Appeal E075 of 2022) [2023] KEHC 27298 (KLR) (19 December 2023) (Ruling)

✦ The application is dismissed without merit.

Anyanya & another v Ochieng (Criminal Appeal E052 of 2021) [2023] KEHC 27081 (KLR) (19 December 2023) (Judgment)

✦ The award of Kshs 280,000 for general damages is upheld

Kiriso v Republic (Miscellaneous Criminal Application 53 of 2023) [2023] KEHC 26675 (KLR) (19 December 2023) (Ruling)

✦ The applicant is granted leave to file their appeal out of time within 21 days from the date of this ruling.

In re Estate of Ongore Omache (Deceased) (Succession Cause 260 of 2013) [2023] KEHC 26793 (KLR) (19 December 2023) (Ruling)

✦ The Court held that a grant of representation is made in personam and cannot be transferred to another person. The deceased administrator's death renders the grant useless and inoperative, and substitution is not allowed.

Republic v Arunga (Criminal Case 18 of 2019) [2023] KEHC 26799 (KLR) (19 December 2023) (Sentence)

✦ The accused is sentenced to 20 years in prison, to run from the date of conviction.

In re Estate of Boaz Amunabi Asala (Deceased) (Succession Cause 51 of 2021) [2023] KEHC 26759 (KLR) (19 December 2023) (Ruling)

✦ The grant of Letters of Administration was not obtained fraudulently, and Josiah Asitwa Okumu and Respha Isedi Emiteche are beneficiaries of the deceased's estate.

Republic v Njeru (Criminal Case E026 of 2023) [2023] KEHC 27202 (KLR) (19 December 2023) (Ruling)

✦ The court declines the accused's bail application.

Taireni Association of Mijikenda v Cabinet Secretary Ministry of Finance & National Treasury & 3 others (Constitutional Petition 2 of 2023) [2023] KEHC 27039 (KLR) (19 December 2023) (Ruling)

✦ The preliminary objection is dismissed, and the matter is certified as raising a substantial question of law.

Kyoga Hauliers v Okoddi (Civil Appeal 58 of 2022) [2023] KEHC 26762 (KLR) (19 December 2023) (Judgment)

✦ The appeal is dismissed with costs to the respondent

South Nyanza Sugar Co. Ltd v Ochola (Civil Appeal 35 of 2021) [2023] KEHC 26659 (KLR) (19 December 2023) (Judgment)

✦ The court found that the respondent did not prove breach of contract and the suit was not statute barred. The court also found that the respondent was not entitled to damages awarded.

Repbulic v Nyangweso (Criminal Case 1 of 2020) [2023] KEHC 27344 (KLR) (19 December 2023) (Sentence)

✦ The accused is placed on a 12-month custodial sentence and a 18-month non-custodial sentence.

Juma v Republic (Criminal Appeal 119 of 2019) [2023] KEHC 27098 (KLR) (19 December 2023) (Judgment)

✦ The court upheld the conviction for robbery with violence but overturned the death sentence, finding insufficient evidence to support the charge.

Kibet v Republic (Criminal Appeal E017 of 2023) [2023] KEHC 27238 (KLR) (19 December 2023) (Judgment)

✦ The appeal is dismissed as the sentence is within the limits of the law and the trial court considered the mitigation properly.

Muse v Republic (Criminal Revision 107 of 2023) [2023] KEHC 26996 (KLR) (19 December 2023) (Ruling)

✦ The application is certified urgent and the Deputy Registrar is directed to avail the subordinate court file untyped within 21 days from the date hereof. The applicant is directed to serve the application and order of this court to the respondent within 7 days from the date hereof. The respondent is directed to file a response within 14 days. The matter shall be mentioned on January 30, 2024 for directions.

MIN (Suing through BW as a father and next friend) v Oguta & 2 others (Civil Appeal E028 of 2022) [2023] KEHC 27080 (KLR) (19 December 2023) (Judgment)

✦ The appeal is allowed, the order dismissing the Appellant's motion dated 4th June 2021 is set aside, and the suit is reinstated and to be heard on priority basis.

Omosa v Isaac (Succession Cause E090 of 2023) [2023] KEHC 27136 (KLR) (19 December 2023) (Ruling)

✦ The Court dismissed the Applicant's application for review and appeal, as one cannot file for review and appeal simultaneously.

Otieno v Nyanuaya (Chairman Kisumu Centre Juakali Artisans Association) & 2 others; Registrar of Societies (Interested Party) (Civil Case E017 of 2023) [2023] KEHC 26839 (KLR) (19 December 2023) (Ruling)

✦ The court dismisses the preliminary objection and denies costs.

Okolo v Cabinet Secretary, Treasury & another (Constitutional Petition 19 of 2014) [2023] KEHC 26809 (KLR) (19 December 2023) (Judgment)

✦ The Director of Pensions is in contempt of court orders and the court orders the Director to appear for mitigation and sentence.

Achuti v Republic (Criminal Revision 101 of 2023) [2023] KEHC 26995 (KLR) (19 December 2023) (Ruling)

✦ The application is not certified urgent. The deputy registrar is directed to avail the lower court and High Court files untyped within 60 days from the date hereof. The applicant is directed to serve the respondent within 7 days from the date hereof. The respondent is directed to file a response within 14 days. The matter shall be mentioned on March 14, 2024 for directions.

Ouma Maurice Otieno t/a O.M. Otieno & Co. Advocates v African Merchant Assurance Company Limited (Miscellaneous Civil Application E039 of 2022) [2023] KEHC 26791 (KLR) (19 December 2023) (Ruling)

✦ The Application is allowed, and interest is charged on the disbursement and costs at court rates from the date of taxation until payment in full

Republic v Lukulu (Criminal Case 16 of 2014) [2023] KEHC 27143 (KLR) (19 December 2023) (Sentence)

✦ The accused is sentenced to be released immediately, with a right of appeal for 14 days.

In re Estate of Henry Okello Ayot (Deceased) (Succession Cause 5 of 2020) [2023] KEHC 27041 (KLR) (19 December 2023) (Judgment)

Republic v Mukuna (Criminal Case 14 of 2023) [2023] KEHC 27090 (KLR) (19 December 2023) (Sentence)

✦ The accused is sentenced to 12 years imprisonment, with the time spent in custody from her first arraignment to her release on bail/bond taken into account.

Republic v Oyombera (Criminal Case 5 of 2018) [2023] KEHC 27142 (KLR) (19 December 2023) (Sentence)

✦ The accused was sentenced to 40 years in prison.