Kenyan case law
-
Adan v Republic (Miscellaneous Criminal Application E008 of 2023) [2023] KEHC 27353 (KLR) (18 December 2023) (Ruling)
✦ The court dismisses the applicant's application for resentencing as it is functus officio and would be prejudicial to the Court of Appeal's decision.
-
In re Estate of Sicily Mutina Gataye (Miscellaneous Succession Application E004 of 2022) [2023] KEHC 27074 (KLR) (18 December 2023) (Ruling)
✦ Leave to appeal out of time is granted
-
In re Estate of Sawe Maina (Succession Cause 350 of 2015) [2023] KEHC 26928 (KLR) (18 December 2023) (Ruling)
✦ The court granted the review application and ordered partial distribution of the estate in favor of the beneficiaries of House 'A'.
-
Republic v Chief Officer Finance Vihiga County Government & another; Trans Africa Motors Limited (Exparte Applicant) (Judicial Review 1 of 2023) [2023] KEHC 26737 (KLR) (18 December 2023) (Ruling)
✦ The Ex parte Applicant's application is merited and allowed, and the Respondents are ordered to appear for a Notice to Show Cause and pay the sum of Kshs 11,107,157.43.
-
Mbago v Republic (Miscellaneous Criminal Application E072 of 2023) [2023] KEHC 26831 (KLR) (18 December 2023) (Ruling)
✦ The application is dismissed as the applicant is found to be mischievous and the application is an afterthought and abuse of court process.
-
Julius Kanja Kimunya t/a Oracle Engineering Consultants & 2 others v Board of Management Friends School Kaimosi Girls (Civil Appeal 29 of 2022) [2023] KEHC 26742 (KLR) (18 December 2023) (Judgment)
✦ The Appellant's appeal is dismissed.
-
Malde & another v Karoki & 2 others (Civil Case E384 of 2023) [2023] KEHC 26533 (KLR) (Commercial and Tax) (18 December 2023) (Ruling)
✦ The Court finds the matter res-judicata and lacks jurisdiction to entertain the application due to the ongoing challenge in the Court of Appeal.
-
Juma v Republic (Miscellaneous Criminal Application E076 of 2023) [2023] KEHC 26813 (KLR) (18 December 2023) (Ruling)
✦ The application is dismissed
-
Republic v Kariuki (Criminal Case 13 of 2020) [2023] KEHC 27330 (KLR) (18 December 2023) (Ruling)
✦ The accused has a case to answer and is placed in his defence.
-
Mohamed v Republic (Criminal Appeal E006 of 2020) [2023] KEHC 27370 (KLR) (18 December 2023) (Judgment)
✦ The conviction is upheld, and the sentence is set aside. The appellant is sentenced to 5 years imprisonment to run from the date of arrest, with 2 years and 2 months spent in remand custody considered.
-
Bisonga v Republic (Constitutional Petition E001 of 2023) [2023] KEHC 27140 (KLR) (18 December 2023) (Ruling)
✦ The court upheld the sentence, finding that the mandatory minimum sentences do not permit the court to consider the peculiar circumstances of the case.
-
TM v ZKM (Family Appeal E023 of 2023) [2023] KEHC 27262 (KLR) (18 December 2023) (Judgment)
✦ Allow the appeal partly by granting the appellant visitation and access rights to interact with the minor and have physical custody during half the duration of the school holidays and on alternate weekends during school terms in Nairobi without supervision.
-
Makhatsa v Mutuku (Civil Appeal 28 of 2023) [2023] KEHC 26490 (KLR) (18 December 2023) (Ruling)
✦ The court grants a stay of execution of the decree on condition that the appellant pays half of the decretal sum and provides a bankers guarantee.
-
Rottger v Dusa & another ((Suing on Behalf of the Estate of Wilson Baya Thoya - Deceased)) (Civil Appeal 063 of 2023) [2023] KEHC 26630 (KLR) (18 December 2023) (Judgment)
✦ The Court found the trial court's finding of 100% liability for the Appellant to be erroneous and remanded the case for a new trial.
-
Republic v Nyaoke & 2 others (Criminal Case 21 of 2019) [2023] KEHC 26837 (KLR) (18 December 2023) (Ruling)
✦ The court finds that the prosecution has not made out a prima facie case to warrant the accused persons to be placed on their defence and acquits them.
-
Republic v Nairobi County; Ojienda & Company Advocates (Exparte) (Judicial Review Application 369 of 2018) [2023] KEHC 26593 (KLR) (Judicial Review) (15 December 2023) (Judgment)
✦ The Respondent is found guilty and in contempt of the order issued on 14th February 2019.
-
South Western Enterprises Limited v Ola Energy Limited (Civil Case 176 of 2003) [2023] KEHC 27122 (KLR) (15 December 2023) (Judgment)
✦ The defendant was not in breach of clause 5 of the Long-Term Supply Agreement. The plainti is not eligible for damages as a result of wet losses. The termination of the contract was lawful. The defendant is not entitled to the equipment or value of the equipment in the plainti’s possession. The plainti did not default on the repayment of its loan to the defendant.
-
Law Society of Kenya & 3 others v Attorney General & 2 others; Independent PolicingOversight Authority (Interested Party) (Constitutional Petition E467 of 2021) [2023] KEHC 26888 (KLR) (Constitutional and Human Rights) (15 December 2023) (Judgment)
✦ The court dismissed the petition as the respondents did not have custody over the petitioners.
-
Republic v MC alias C (Criminal Case E011 of 2022) [2023] KEHC 26474 (KLR) (15 December 2023) (Sentence)
✦ The minor accused accepted a plea agreement and pleaded guilty to manslaughter.
-
Barasa v Inspector General of Police & 3 others (Constitutional Petition E069 of 2021) [2023] KEHC 26908 (KLR) (Constitutional and Human Rights) (15 December 2023) (Judgment)
✦ The revocation of the Petitioner's firearm license was contrary to Article 47 of the Constitution, Section 4 of the Fair Administrative Actions Act, and Section 5(5) of the Firearms Act. The decisions are null and void ab initio.
-
Keya & another (Suing as the Administrators and Legal Representatives of the Estate of the Late Isaac Mudimba Okello) v Alliance Media Limited (Civil Appeal 444 of 2010) [2023] KEHC 26479 (KLR) (Civ) (15 December 2023) (Judgment)
✦ The appeal is dismissed as the Appellants have failed to present a valid claim and the case is without merit.
-
Karanja v Invesco Assurance Company Limited; Chege (Interested Party) (Civil Case E003 of 2023) [2023] KEHC 26574 (KLR) (15 December 2023) (Ruling)
✦ The court denied the application for a stay of execution of the lower court decree.
-
Taib & 3 others v Ahluwalia (Civil Case 512 of 2011) [2023] KEHC 26937 (KLR) (Civ) (15 December 2023) (Ruling)
✦ The suit is reinstated for the defendant's case to be heard.
-
Lekulai & 90 others v Attorney General & 3 others (Constitutional Petition E297 of 2020) [2023] KEHC 26467 (KLR) (Constitutional and Human Rights) (15 December 2023) (Judgment)
✦ The Court dismissed the petition with costs, finding that the Petition failed to raise a constitutional issue and that the Respondents did not discriminate the Petitioners.
-
Keroche Breweries Limited v Coretta Limited (Civil Case 34 of 2014) [2023] KEHC 26506 (KLR) (Civ) (15 December 2023) (Ruling)
✦ The court sets aside the ex parte proceedings and directs that the suit be prosecuted de novo.