Kenyan case law
-
Kenya Flower Council v Meru County Government [2019] KEHC 1523 (KLR)
✦ The court held that the imposition of the cess tax on fresh cut flowers is unconstitutional and that the decision to block floricultural products is also unconstitutional.
-
In re Estate of M’ibutu M’imaita (Deceased) [2019] KEHC 558 (KLR)
✦ The application is found to be meritorious and is allowed.
-
Interactive Advertising Limited & another v Equity Bank Limited [2019] KEHC 12429 (KLR)
✦ The court found in favor of the plaintiffs and ordered the defendant to pay Kshs. 19,197,200 and to pay general damages for loss of income and business.
-
Erdeman Property Ltd & 2 others v Ethics and Anti Corrupton Commission & 4 others [2019] KEHC 1086 (KLR)
✦ The application is not properly filed under the relevant provisions of the law
-
Juma Baya v Director of Public Prosecution [2019] KEHC 1004 (KLR)
✦ The death sentence is set aside and the petitioner is sentenced to 20 years in prison.
-
Maxima Ink Enterprises Limited & another v BMX Investment Limited & 5 others [2019] KEHC 863 (KLR)
✦ The application for enlargement of time to file an appeal is granted, and the applicants are allowed to file their appeal within the next 7 days. The application for a stay of proceedings is denied.
-
Republic v Pauline Maisy Chesang & 4 others [2019] KEHC 490 (KLR)
✦ The court did not take a drastic step as it was not satisfied that it needed to, considering the conflicting depositions made by the parties.
-
Richard Juma Sambuli v Chairman Bumula Land Disputes Tribunal and the Western Provincial Appeals Committee; Patrick Mutoko Sambuli & another (Interested Parties) [2019] KEHC 507 (KLR)
✦ The application is allowed, and the decisions of the Tribunal and Appeals Committee are quashed. The Interested Parties may file a claim in trust in another forum.
-
David Mutwiri Gikeno v Republic [2019] KEHC 1633 (KLR)
✦ The unavailability of the trial court record makes it difficult for the appellant to exercise his right of appeal. The conviction and sentence are quashed.
-
Robert Kiprono Tanui v Republic [2019] KEHC 1454 (KLR)
✦ The conviction and sentence are quashed, and the appellant is set at liberty.
-
Amani Said Kibao v Director of Public Prosecution [2019] KEHC 12186 (KLR)
✦ Death sentence set aside, Petitioner sentenced to 40 years imprisonment
-
Mwanzia Ndivo v Republic [2019] KEHC 501 (KLR)
✦ The court found a violation of the appellant's right to be informed in advance of the evidence the prosecution intends to rely on, and ordered either the release of the appellant or a retrial.
-
Kanale David Amukuhuma v United Millers Limited [2019] KEHC 1302 (KLR)
✦ The Appellant is liable for contributory negligence of up to 30%. The Appellant's claim for loss of goods and profit is dismissed as there was no evidence to show that the goods were on the vehicle and destroyed in the accident. The Appellant's claim for dental cost is upheld.
-
Julius Kamuru Mwangi v Permanent Secretary Ministry of Defence, Permanent Secretary Ministry of Lands, Attorney General & Nairobi City County (Environment & Land Case 171 of 2012) [2019] KEHC 1337 (KLR) (Environment and Land) (11 December 2019) (Judgment)
✦ The Plaintiff's title was not obtained fraudulently. The Kenya Airforce personnel demolished the Plaintiff's building. The four storey building was not approved by the Nairobi City Council.
-
Mzungu Ruwa Kuta v Director of Public Prosections [2019] KEHC 1055 (KLR)
✦ Death penalty set aside, sentence reduced to 18 years
-
James Kinja M’thaimuta (Suing as the legal representative of the estate of David Murangiri (deceased) v Cyrus Mwenda & 2 others [2019] KEHC 1600 (KLR)
✦ The appeal is dismissed as the trial court's decision cannot be faulted due to the lack of a connection between the driver of the subject motor vehicle and the 1st and 2nd respondent.
-
Joseph Muthuri (Suing on behalf of United Sacco formerly Ntiminyakiru Rural Sacco Ltd) v Cooperative Bank & 14 others; V.M.Ngunjiri (Interested Party) [2019] KEHC 1599 (KLR)
✦ The application is dismissed with costs to the interested party.
-
Joan Marie Schultz v George Mburu Wachira & another [2019] KEHC 591 (KLR)
✦ The court ordered the evidence of the plaintiff to be taken by video-link/skype or any other electronic and/or telephonic manner on such date and manner as the court may direct.
-
Republic v Alfred Mwitsa (Criminal Case 63 of 2013) [2019] KEHC 660 (KLR) (11 December 2019) (Judgment)
✦ The court finds the accused not guilty and acquits him.
-
Martin Muhoro v Dancan Mutual Mukesya [2019] KEHC 12115 (KLR)
✦ The application is allowed on condition that half of the decretal sum be deposited in court or in a joint interest earning Bank account of the counsels for the parties herein within 30 days from the date hereof. Costs in cause. The Memorandum of Appeal to be filed and served within 14 days from the date hereof.
-
Republic v Paul Mutangili Mathendu [2019] KEHC 1425 (KLR)
✦ The accused is found guilty of murder and sentenced accordingly
-
Katiba Institute v Attorney General & 3 others; Kenya National Commission on Human Rights (Interested Party) [2019] KEHC 1323 (KLR)
✦ The Court finds that the Respondents' failure to constitute and operationalize the National Intelligence Service Board is not justifiable under the Constitution.
-
Elizabeth O. Odhiambo v South Nyanza Sugar Co. Ltd [2019] KEHC 1626 (KLR)
✦ The appeal is dismissed with costs to the respondent
-
Maxmillah Achelat Ojulo v Republic [2019] KEHC 233 (KLR)
✦ The conviction is quashed and the sentence set aside due to the lack of sufficient evidence and the unexplained circumstances.
-
Daniel C.A. Sanga & 3 others v Michael Abala & 6 others [2019] KEHC 1089 (KLR)
✦ The Plaintiffs' application for an interlocutory injunction is dismissed with costs to the Defendants.