Kenyan case law

M N v Republic [2015] KEHC 32 (KLR)

✦ The conviction is quashed and the appeal is allowed, with the appellant being set at liberty.

National Hospital Insurance Fund v Kairu Bachia (Solearbitrator) & another [2015] KEHC 8355 (KLR)

✦ The Court finds that the Arbitrator lacked jurisdiction to hear and determine the dispute between the Plaintiff and the 2nd Defendant, and sets aside the preliminary ruling.

Republic v Wilfred Mwiti [2015] KEHC 173 (KLR)

✦ The court finds that the prosecution has made a prima facie case against the accused and that the accused has a case to answer.

Amon Chege Mutua v Julius Gatambia & another [2015] KEHC 609 (KLR)

✦ The defendants' application is dismissed with costs, and the plaintiff is at liberty to proceed with execution of the decree.

Abubakar A. H. Mohamed v Ahmed Mohamed Said & another [2015] KEHC 813 (KLR)

✦ The application to set aside or vacation of execution is dismissed. The application to have the applicant Ahmed Omar Said to be enjoined as an Interested Party is granted.

Republic v Moses Ekarot Oramisi [2015] KEHC 698 (KLR)

✦ The accused is found guilty of Manslaughter

Republic v David Okoth Alex & another [2015] KEHC 8539 (KLR)

✦ The court finds that the prosecution has not met its burden of proof and the accused are acquitted.

Kena Holdings Limited v Consolidated Bank of Kenya Limited [2015] KEHC 8056 (KLR)

✦ The ex parte judgment is set aside in its entirety, and the defendant is granted unconditional leave to defend the suit.

Paul Otieno Musumba v Republic [2015] KEHC 681 (KLR)

✦ The conviction and sentence are quashed due to the defectiveness of the charge sheet and the erroneous sentencing.

John Otieno v Republic (Miscellaneous Criminal Application 358 of 2015) [2015] KEHC 8065 (KLR) (Crim) (3 December 2015) (Ruling)

✦ The court dismissed the application as the suretyship obligation lies with the surety himself, and the court did not have to arrest the accused when the surety withdrew.

Cassian Ngotho Mwachanya v Commanding Officer Kenya Navy & another [2015] KEHC 916 (KLR)

✦ The Petitioner's Petition dated and filed on 2 nd May, 2014 is hereby dismissed with a direction that each party bears its own costs.

Beatrice Wangechi Mwaniki v Kenya Methodist University [2015] KEHC 875 (KLR)

✦ The Petitioner's claim is dismissed as the Respondent is not mandated by Article 46 (1) (b) of the Constitution to offer the Petitioner the information necessary for her to gain the full benefit from the education services.

J J (a minor suing through J K G and J M J ; father and mother as next friends) & another v Akamba Public Road Services Limited & another [2015] KEHC 238 (KLR)

✦ The defendants are held liable for 100% of the plaintiffs' damages

Mea Limited v Echuka Farm Ltd & 2 others [2015] KEHC 8016 (KLR)

✦ Application for review is unfounded and dismissed with costs to the Defendants

Ndirangu Wanjenji v Kenneth Mokua [2015] KEHC 603 (KLR)

✦ The order dismissing the appeal is set aside and the appeal is reinstated. The appellant shall prepare, file and serve the Record of Appeal within 90 days from the date of this ruling.

D O O v Republic [2015] KEHC 625 (KLR)

In re Estate of the Late Chilali Mulinda (Deceased) [2015] KEHC 145 (KLR)

✦ The application is granted, and Jafred Wanjala Lyani is substituted as the first objector in the estate of the late Chilali Mulinda.

John N Mugambi & Mugambi & Company v Kiama Wangai (Civil Appeal 597 of 2012) [2015] KEHC 268 (KLR) (Civ) (3 December 2015) (Ruling)

✦ The appeal is dismissed for want of prosecution and the decretal sum is released to the respondent.

Robert Nguu v Republic [2015] KEHC 732 (KLR)

✦ The appeal is dismissed on conviction, and the conviction is upheld. The sentence is reduced to two years imprisonment.

Jackson Mutembei Mbae v Republic [2015] KEHC 1058 (KLR)

✦ The conviction is quashed, the sentence is set aside, and the appellant is set at liberty

Ernest Otieno Keya & another v Republic [2015] KEHC 781 (KLR)

✦ The petition is dismissed as the new evidence does not meet the threshold of 'new and compelling' as required by Article 50(6) of the Constitution.

Capwell Industries Ltd v National Irrigation Board [2015] KEHC 236 (KLR)

✦ The suit is dismissed for want of prosecution.

Bolpak Trading Company Limited & 2 others v Benson Masila Mutinda [2015] KEHC 1063 (KLR)

✦ Leave to appeal out of time is granted, but the stay of execution is not granted.

In re of Concord Insurance Company Limited (Under Statutory Management) [2015] KEHC 8357 (KLR)

✦ The application is unmeritorious and dismissed with costs to the respondent.

Musili Mwaniki Samwel & 3 others v Republic [2015] KEHC 871 (KLR)

✦ The conviction and sentence are quashed and set aside.