Kenyan case law

In re Estate of Muiru Gikanga (Deceased) [2018] KEHC 9890 (KLR)

✦ The application is dismissed with costs as the court lacks jurisdiction and the application is an abuse of the process of the court.

Mohamed Yunis Soroya v Mohamed Yusuf Khan Soroya & Another [2018] KEHC 576 (KLR)

✦ The court transfers the file to the Environment and Land Court Division.

Patrick Mwiti Murithi & another v Paul Gikunda Miriti & 3 others [2018] KEHC 661 (KLR)

✦ Order dismissing appeals set aside, appeals to be heard on merits

Brass and Allied Works Ltd v Charles Ndegwa Wagura & 2 others [2018] [2018] KEHC 818 (KLR)

✦ The application is allowed in terms of prayers No. 3 and 4.

Abdisalam Ibrahim Yusuf v Republic [2018] KEHC 1331 (KLR)

✦ The prosecution did not prove the age of the complainant and the appellant was not the culprit, thus the conviction for defilement is quashed.

Republic v JKN [2018] KEHC 730 (KLR)

✦ The court found that the prosecution did not prove the elements of murder beyond reasonable doubt and that the accused's actions were not unlawful and with malice aforethought.

Republic v Erick Maina Kamwigu [2018] KEHC 776 (KLR)

✦ The court finds that the accused has a case to answer and is called upon to make his defence.

Republic v Public Procurement Administrative Review Board & 2 others; Ex-Parte Central Kenya Fresh Merchants Limited [2018] KEHC 1203 (KLR)

✦ The ex parte applicant is in contempt of court for violating the court order.

Republic v Yasin Hamisi Bawalu [2018] KEHC 1536 (KLR)

✦ The court finds that the prosecution did not prove the offence of murder but convicted the accused for manslaughter contrary to section 202 of the Penal Code.

Republic v Joseph Mwenda Kiungu [2018] KEHC 944 (KLR)

✦ The court found the prosecution did not prove the accused's guilt beyond reasonable doubt

Vincent Mayenga Masare v Republic (Criminal Appeal 87 of 2017) [2018] KEHC 519 (KLR) (11 December 2018) (Judgment)

✦ The conviction is quashed and the sentence set aside. A retrial is ordered.

Anne Njoki Munga & 3 others v Clement Solomon Munga & another [2018] KEHC 613 (KLR)

✦ The injunctive orders are lifted, and the petition is dismissed as an abuse of the court process.

In re Estate of Margaret Muthoni Njagi (Deceased) [2018] KEHC 724 (KLR)

✦ The court allows the application for amendment of grant and orders that the share of the deceased’s estate which initially devolved to Richard Chomba Njagi shall devolve to MMW to be held in trust by Pauline Njeri Njagi and Celestine Mwenda Munene until MMW attains the age of majority.

Pius Martin Muriithi Ndwiga v Republic [2018] KEHC 568 (KLR)

✦ The trial court's order was not irregular, illegal, or improper, and the provisions of Section 362 of the Criminal Procedure Code are not applicable.

Hellen Njambi Mbugua v Samuel Mbugua Gichuhi [2018] KEHC 1172 (KLR)

Muniu Kimani & another v Francis Mbugua Ngare & 2 others [2018] KEHC 1661 (KLR)

✦ The appellants are held 20% to blame, and the 2nd and 3rd respondents are held 80% to blame for the accident. The appeal on quantum is dismissed.

Republic v Charles Survey Manini & 4 others [2018] KEHC 690 (KLR)

✦ Each accused is sentenced to 25 years imprisonment.

Royal Apartments Limited v Vrajbhushan D Shah & another [2018] KEHC 866 (KLR)

✦ The suit is allowed to proceed as it is a derivative suit.

Njogu Macharia v P K Njoroge t/a P K Njoroge & Co Advocates &another; [2018] KEHC 1564 (KLR)

✦ The defendant was found negligent and liable to the plaintiff for damages of Kshs. 3,208,100/=. The plaintiff is also awarded Kshs. 200,000/=. He shall have the costs of the suit and interest at court rates.

Richard Chomba Njagi & 2 others v Henry Athimbu Kurauka [2018] KEHC 9914 (KLR)

✦ The court allows the applicant 7 days to file and serve a reference, and the respondent 14 days to respond. Both sides have 14 days to file and exchange written submissions.

Moses Onyango Okech (Suing as Legal representative of the Estate of Boniface Omondi Onyango v Ernie Campbell Co Limited [2018] KEHC 9844 (KLR)

✦ The plaintiff's suit is incompetent, fatally defective, and null and void ab initio due to the statute bar

In re estate of Mary Nduta Kimani [2018] KEHC 1056 (KLR)

Peter Kinyua Njeru v Republic [2018] KEHC 901 (KLR)

✦ The court upheld the conviction, finding that the appellant's plea was unequivocal and that the evidence of identification was reliable.

Republic v County Government of Tharaka Nithi Exparte Mwirigi Mutua & 3 others [2018] KEHC 1176 (KLR)

✦ The court finds that the notice was issued in excess of the County Government's powers and is invalid.

David Ole Rumpe v Republic [2018] KEHC 513 (KLR)