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.

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.

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.

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.

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

In re estate of Charles Gikuhi Sikamoi (Deceased) [2018] KEHC 1137 (KLR)

✦ The grant of letters of administration issued to Joel Kani Sikamoi on 26 June 2016 is revoked.

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.

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.

Boniface Mwangi Kamau v Republic (Criminal Appeal 34 of 2018) [2018] KEHC 1431 (KLR) (11 December 2018) (Ruling)

✦ The court denied the application for bail pending appeal.

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.

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.

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

Kennedy Ooko Jacob t/a Ssebo Intel & Co. Auctioneers v Agricultural Finance Corporation [2018] KEHC 1412 (KLR)

✦ This Court declines jurisdiction and sets aside the proceedings and orders made on 30/17/2018, directing the matter to be placed before the Environment and Land Court.

Republic v Christine Kagendo Muriungi [2018] KEHC 1471 (KLR)

✦ The court found that the accused was not present at the scene and did not commit the unlawful act or omission that caused the death. The court dismissed the charges.

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.

In re Estate of M'birisi Maeti (Deceased) [2018] KEHC 1021 (KLR)

✦ The will is valid, and the estate will be distributed according to the will. The administrator is appointed as George Nkonge Njeru.

Republic v Dan Ojiji Ojiji & 2 others [2018] KEHC 1763 (KLR)

✦ The accused are placed on their defenses.

Republic v Linet Achieng Juma [2018] KEHC 1684 (KLR)

✦ The accused is found guilty of murder

In re Estate of Itirithia Mbogori (deceased) [2018] KEHC 714 (KLR)

✦ The estate shall be shared equally between the family of late Daniel Kiogora and Alois Murira. Lydia Mwarania, as the wife of Daniel Kiogora, will hold the share of Daniel Kiogora for her own benefit and that of her children in equal shares.

Christine Syombua Muthembwa v Republic [2018] KEHC 834 (KLR)

✦ The conviction and sentence are upheld

Republic v Henry Muigai [2018] KEHC 434 (KLR)

✦ The court grants the accused's application for bail on the terms of a cash bail of KShs. 100,000/= or a bond of KShs. 500,000/= with one surety of the same amount.

Mary Charles Kalinga v Independent Electoral & Boundaries Commission (IEBC) & 2 others [2018] KEHC 1746 (KLR)

✦ The court finds it has jurisdiction to hear the petition and that the Gazette Notice is unconstitutional.

In re the Estate of Eliud Muigai Macharia (Deceased) [2018] KEHC 950 (KLR)

✦ The application is struck out with no orders as to costs, and the applicant is directed to stop intermeddling with the estate.

Republic v Washington Nicholas Ochieng [2018] KEHC 1262 (KLR)

✦ The court finds the accused not guilty of murder but guilty of manslaughter.