Kenyan case law

Mohan Galot v Registrar of Companies & another; Manchester Outfitters Limited & another (Interested Party) [2019] KEHC 12132 (KLR)

✦ The application is dismissed as it offends the stay orders in existence in the file

Joel Rugut & another v Philemon Kiptanui Sitienei [2019] KEHC 387 (KLR)

✦ The court should reopen the proceedings as the applicant was not aware of the proceedings and the interests of other beneficiaries were not catered for.

Jyoti Structures Limited & another v Joash Abongo Owuor [2019] KEHC 222 (KLR)

✦ The award in general damages by the trial court was manifestly excessive and should be substituted for a lower amount of Kshs. 150,000.

Patrick Muturi v Kenindia Assurance Company Limited [2019] KEHC 1382 (KLR)

✦ The application is dismissed with the advice that the challenge be lodged with the arbitrator immediately

Republic v Grace Wambui Wambugu [2019] KEHC 732 (KLR)

✦ The court finds no direct or circumstantial evidence linking the accused to the offence and acquits her of the charge of murder.

Kembi-Gitura & Company Advocates v Metra Investments Limited [2019] KEHC 12424 (KLR)

✦ The court reserved the decision on lifting the client's veil of incorporation due to the absence of evidence showing the client was formed for wrongful or unlawful acts or used as a vehicle of fraud.

Isaac K. Chemjor & another v Laban Kiptoo [2019] KEHC 1129 (KLR)

✦ the appeal is allowed to the extent that the damages for future medical expenses are set aside, and the awards of General Damages and Special damages are upheld

Chrispinus Ogola v Republic [2019] KEHC 1156 (KLR)

✦ The charge sheet was not defective, and the prosecution proved the case beyond reasonable doubt. The sentence was not excessive and unconstitutional.

Jane Njeri Onyango v Erick Ochieng & 2 others [2019] KEHC 1027 (KLR)

✦ The article is found to be defamatory of the Plaintiff, and the Plaintiff is awarded general damages of Ksh. 2,000,000.

Nambuki Ngyema Kilonzo v Patrick Kiamba & another [2019] KEHC 1025 (KLR)

✦ The court found the defendants liable for the accident and awarded the plaintiff damages including special damages, general damages, loss of expectation of life, and loss of life dependency.

Joseph Mulama Matemwa v Republic [2019] KEHC 1073 (KLR)

✦ The court affirmed the conviction and sentence for defilement.

Derrick Matunda & 4 others v Republic [2019] KEHC 396 (KLR)

✦ The death sentence for the 1st appellant is set aside and replaced with a 20-year sentence. The 2nd appellant's sentence is set aside and replaced with an 8-year jail term. The 3rd, 4th, and 5th appellants are set free.

Henry K. Tanui v Paul K. Matumbi [2019] KEHC 1002 (KLR)

MK v GNK [2019] KEHC 772 (KLR)

✦ The court finds that the petitioner has satisfied the elements for dissolution of their marriage on a balance of probabilities and grants a decree Nisi. A decree absolute will issue within 60 days from the judgment.

Peter M. Mwangi t/a Cash Crop Auctioneers v Agricultural Finance Corporation [2019] KEHC 516 (KLR)

✦ The appeal is allowed, and the order dismissing the appellant's motion is set aside. The auctioneer's bill of costs is reinstated to be taxed by another magistrate.

Republic v Benson Matheka Juma [2019] KEHC 1517 (KLR)

✦ The accused is placed on probation for two years with the expectation of continuous counselling and guidance.

Ecocare International Limited & 2 others v Chase Bank Limited [2019] KEHC 385 (KLR)

✦ The suit is dismissed for want of prosecution.

Republic v Felix Maneno Kiawa [2019] KEHC 492 (KLR)

✦ The accused is not guilty of murder.

Patrick Atenya Asitiba & another v City Council of Nairobi [2019] KEHC 325 (KLR)

✦ The court finds prayer (ii) of the motion to be the most appropriate order to grant, and issues a notice to show cause to the current office holder of the County Secretary of Nairobi City to appear in court.

Oscar Ahowa v Republic [2019] KEHC 640 (KLR)

✦ The appeal is dismissed. The conviction and sentence are upheld.

Bridge International Academies v Dennis Khasamba Ogesa [2019] KEHC 8 (KLR)

✦ Order to discharge Mwaure & Mwaure Waihiga Advocates from representing the defendant

Dinit Vircharnd Malde (Suing as Executor of the will of Lalitaben Kantilal Shah- Deceased) v Spire Bank Limited (Successor in title to the Southern credit Banking Corporation) [2019] KEHC 1091 (KLR)

✦ The application is spent as the defendant has complied with the court order to produce statements and accounts for the sale and allocation of proceeds of the property sold by the defendant.

Esther Kasiti v Republic [2019] KEHC 662 (KLR)

✦ The court found that the particulars of the offence on the charge sheet and the facts read by the prosecutor do not disclose an offence, rendering the plea of guilty equivocal.

Musa Shiti Sababu v Attorney General & 2 others [2019] KEHC 846 (KLR)

✦ The Defendants are found liable for arson and ordered to rebuild the Plaintiff's premises or pay Ksh 5,000,000.

Peter Mutua Nzeki v S.A.A. Interstate Traders [K] Limited [2019] KEHC 471 (KLR)

✦ The Claim is declined. The Counterclaim is declined. No order on the costs.