Kenyan case law

Republic v Zakari Odongo Nyamulo & 4 others [2017] KEHC 506 (KLR)

✦ The court finds the prosecution has established a prima facie case against each of the accused, placing them on their defense.

Mohammed Ibrahim Abdi v Independent Electoral and Boundaries Commission (IEBC) & 2 others [2017] KEHC 1905 (KLR)

✦ The petition is dismissed.

Kenneth Ntwiga Kanga v DCIO & 3 others [2017] KEHC 1728 (KLR)

✦ The application is allowed in terms of prayer one and three only. The applicant has 21 days from the date of this ruling to file the main motion. The proceedings in Chuka Principal Magistrate's Court Criminal Case No. 789 of 2017 shall proceed as scheduled and no further order or directions on how the case proceeds will be made.

Ilia Musau v Republic [2017] KEHC 1780 (KLR)

Nancy Wamaitha Michael & another v Mathew Kamanu Mwaura [2017] KEHC 1631 (KLR)

✦ The appeal was rightly dismissed.

Mohammed Tubi Bidu v Independent Electoral and Boundaries Commission & 2 others [2017] KEHC 2107 (KLR)

✦ Scrutiny will not issue due to venial errors or errors that can be easily explained.

Philip Kisavi Nzamuli v Republic [2017] KEHC 1552 (KLR)

✦ The conviction and sentence are upheld

Jeff Bondist Lusiki v Morris Shauri Kazungu [2017] KEHC 1712 (KLR)

✦ The application has no merit and is dismissed with costs to the Respondent

Republic v Musa Olando [2017] KEHC 9655 (KLR)

✦ The statement under enquiry is admissible in evidence if the court is satisfied that it was voluntarily given. The officer who took the statement, DCIO Paul Wambugu, must be available for a trial within a trial to establish the voluntariness of the statement.

Cleophas Wakhungu Malala v Speaker Kakamega County Assembly & 3 others [2017] KEHC 1833 (KLR)

✦ The petition is allowed, and a declaration is made that the motion was unprocedural, illegal, and an abuse of due process

Republic v Eco-System Conservator Tana River County & 4 others Ex-Parte Pamoja Nanighi Forest Conservation & Users Society & another [2017] KEHC 59 (KLR)

✦ The court orders the Eco-System Conservator Tana River County to issue a movement permit to Pamoja Nanighi Forest Conservation and Users Society for the movement of charcoal from various collection and buying centers to consumers across the country.

Republic v Shadrack Oltuati Sayiori [2017] KEHC 1599 (KLR)

✦ The accused is found guilty of manslaughter and sentenced to 15 years imprisonment.

Chris Munga N. Bichage & 2 others v Independent Electoral & Boundaries Commission & 2 others [2017] KEHC 1900 (KLR)

✦ The application is dismissed as it offends the rules of evidence and the strict discipline set under the Constitution, Elections Act, and Rules.

Mwanadia Barkhale & 2 others v Frathima Barkhale Abdallah [2017] KEHC 1877 (KLR)

✦ The application is dismissed with costs, as the delay in applying for enlargement of time is inordinate and no reason has been advanced.

Charles Lutta Kasamani trading as Kasamani & Company Advocates v United Insurance Company Limited (Under Statutory Management) & 10 others [2017] KEHC 1779 (KLR)

✦ The plaintiff's claim is dismissed with costs, save for the judgment entered for Kshs. 27,761,501.00 against the 1st defendant.

Republic v University of Nairobi Ex-Parte Lazarus Wakoli Kunani & 2 others [2017] KEHC 9635 (KLR)

✦ The Court found that the Respondent did not comply with the disciplinary procedures and that the expulsion decision was procedurally unfair.

Republic v Edward Riogi Kereu [2017] KEHC 1776 (KLR)

✦ The accused is sentenced to 10 years imprisonment

Mildred Amollo Bwibo v Lucy Shialakha Achitsa [2017] KEHC 9653 (KLR)

✦ The application has no merit and is dismissed with costs to the respondent

Kennedy Sheveka Mwakio v Republic [2017] KEHC 1841 (KLR)

✦ The Appellant’s appeal is successful, conviction and sentence are quashed

Nasra Ibrahim Ibren v I.E.B.C. & 2 others [2017] KEHC 2101 (KLR)

✦ The application is partly successful, and the respondents are ordered to provide the required information and documents.

Joseph Mutava Mutua & another v Sharad Rao & another [2017] KEHC 9757 (KLR)

✦ The application is allowed, and the suit is transferred from Milimani to Kiambu Chief Magistrate's Court.

Maree Ahmed & another v Leli Chaka Ndoro [2017] KEHC 1860 (KLR)

✦ The application to extend time to file the notice of appeal fails, and the application for stay of execution pending appeal is dismissed.

John Mutora Njuguna t/a Topkins Maternity & Clinic v Z W G [2017] KEHC 1143 (KLR)

✦ Both the Respondent and the Appellant contributed to the current mental status of Peter, each bearing 50% liability.

Mary Grace Ayugu v Alice Sebi Ninayo [2017] KEHC 1847 (KLR)

✦ The court allows the objector to manually amend the name of the deponent in the objector's affidavit and countersign it, allowing the matter to proceed to the next stage.

Javerson Njuguna v Esther Njambi Kanyiri [2017] KEHC 1003 (KLR)

✦ The appeal is not dismissed, but the appellant is given an opportunity to file the record of appeal within 45 days. If not, the appeal will stand dismissed.