Kenyan case law

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.

Republic v Joseph Munyoki Kovo [2018] KEHC 1404 (KLR)

✦ The accused is found guilty of murder with malice aforethought.

Republic v Evans Shem Osoro & 2 others [2018] KEHC 1156 (KLR)

✦ The accused are sentenced to twenty (20) years imprisonment each.

In re Estate of Mark Kimani Kago (Deceased) [2018] KEHC 1136 (KLR)

✦ The court orders that Mary Wambui Kimani be given 2 acres of the land, specifically where she resides and works, and the remainder of the land goes to the household of Grace Mukuhi Kimani.

Naphtali Mungai Mureithi v African Agricultural Capital Funding Llc & another [2018] KEHC 187 (KLR)

✦ The court declines to allow the application and finds that an order of injunction is not deserved.

Nilkunj Ratilal Dodhia v Shashikant Mepa Shah & 5 others [2018] KEHC 10251 (KLR)

✦ The Application is dismissed with Costs

Joseph Kipkoech Cheruiyot v Republic [2018] KEHC 493 (KLR)

✦ The appeal is allowed, the conviction and sentence are quashed, and a retrial is ordered.

Kenya Anti-Corruption Commission v Davy Kiprotich Koech & another [2018] KEHC 470 (KLR)

✦ The court denied the 1st Defendant's application for extension of time and dismissal of the appeal.

Peter Rotich v Republic [2018] KEHC 81 (KLR)

✦ The conviction is quashed and the sentence set aside

Mwaura v Republic (Miscellaneous Criminal Application 28 of 2018) [2018] KEHC 466 (KLR) (Anti-Corruption and Economic Crimes) (7 December 2018) (Ruling)

✦ The sentences have to run the way they have been set out in the Act (ACECA). The application is dismissed.

Republic v Vivian Rotich [2018] KEHC 320 (KLR)

✦ The conviction and sentence are quashed due to lack of jurisdiction.

Republic v Jared Moturi Mangate & another [2018] KEHC 368 (KLR)

✦ The sentence for each limb of the composite charge is set aside and replaced with a sentence of two years imprisonment for each charge, to run concurrently.

Peter Ng’ang’a Mburu & 2 others v Director of Public Prosecution & another [2018] KEHC 475 (KLR)

✦ The court held that the DPP's decision to prosecute the Petitioners was not ultra vires and that the Petitioners' rights and fundamental freedoms were not violated.

In re the Estate of Ruga Gituku (Deceased) [2018] KEHC 9861 (KLR)

✦ The judge held in abeyance the issues of occupancy of the Mukurweini home and payment of school fees and maintenance due to the mistrust and acrimony between the two houses.

Republic v Stanley Ochieng Onyango [2018] KEHC 344 (KLR)

✦ The conviction and sentence are quashed due to lack of jurisdiction.

RNM v FM [2018] KEHC 9899 (KLR)

✦ Injunction granted pending hearing of Originating Summons.

John Wandeto & another v Virginia Njeri Gatonye [2018] KEHC 1645 (KLR)

✦ The appeal is dismissed in its entirety with costs to the respondent.

Republic v Brian Irungu & 4 others [2018] KEHC 345 (KLR)

✦ The conviction and sentence are quashed due to lack of jurisdiction

Republic v Job Anunda Barongo [2018] KEHC 1155 (KLR)

✦ The application is dismissed

Republic v Serah Wakarima Kaniaru [2018] KEHC 741 (KLR)

✦ The court holds that the circumstantial evidence is too weak to sustain a safe conviction and acquits the accused.

In re AD (Baby) [2018] KEHC 1572 (KLR)

In re Estate of Scholastica Wanjiru Wanyee [2018] KEHC 9871 (KLR)

✦ The law firms are ordered to account for and refund Kshs. 400,000 and Kshs. 60,000 to the estate beneficiaries. The 2nd administrator is ordered to pay Kshs. 128,000 to Stephen Wanyee Nyambura.

Edith Alivitsa v Kenya Forest Service & another [2018] KEHC 1737 (KLR)

✦ The court finds the defendants jointly and severally liable for the plaintiff's injuries and awards her KSh800,000 in damages.

Amolo & Kibanya Advocates v Samson Keengu Nyamweya [2018] KEHC 1324 (KLR)

✦ The summons is dismissed with costs to the applicant/respondent

Patrick Atenya Asitiba & another v City County of Nairobi [2018] KEHC 1726 (KLR)

✦ The court ordered the County Secretary to pay the applicants the sum of ksh.12,000,000 and the costs in High Court Civil Suit No. 1115 of 2003.