Kenyan case law

Republic v Moses Gitonga Mithika [2017] KEHC 1085 (KLR)

✦ The application for bail is rejected due to compelling reasons, and the accused is ordered to remain in custody.

In re Estate of John Kabiro Wang’ombe (Deceased) [2017] KEHC 533 (KLR)

✦ The application is not merited at this stage, and is dismissed with no orders as to costs.

In re Estate of R N N [2017] KEHC 9766 (KLR)

✦ R N N is declared to be suffering from mental disorder. G T W is appointed as guardian and manager of R N N's estate.

In re Estate of Jacob Mwalekwa Mwambewa (Deceased) [2017] KEHC 9795 (KLR)

Patrick Kanaka Munyao v Cementers Ltd [2017] KEHC 1244 (KLR)

✦ The motion is allowed with the defendant given 14 days to file an appeal and provide an insurance bond or bank guarantee to cover the decretal sum.

Abdullahi Araye Weheliye v Republic [2017] KEHC 1887 (KLR)

✦ The court dismisses the request for review of the sentence and does not bar the applicant from appealing the decision of the Magistrate's Court.

Nairobi Bottlers Ltd v Benjamin Deon Musau [2017] KEHC 1210 (KLR)

✦ The judgment and orders of the Chief Magistrate Court are set aside, and the appellant is granted leave to defend the suit.

Republic v S K M [2017] KEHC 206 (KLR)

✦ The court found insufficient evidence to prove the charge of murder and acquitted the accused

Nancy Mwangi t/a Worthlink Marketers v Airtel Networks (K) Limited (Formerly Celtel Kenya Limited) & 2 others [2017] KEHC 10064 (KLR)

✦ The court allows the amendments to the defence, excluding paragraph 17, and orders Airtel to file and serve the amended defence within 14 days.

J A O v Republic [2017] KEHC 1788 (KLR)

✦ The order of remand is set aside, and the accused and his guardian are ordered released on condition to attend Kondele Police Station on a date directed by the Investigating Officer.

Moses Otieno Opondo v Republic [2017] KEHC 307 (KLR)

✦ The conviction for defilement is quashed and the sentence set aside. The Appellant is set at liberty.

Ali Athumani Mwahoka & 2 others v Ukunda Filling Station & another [2017] KEHC 1477 (KLR)

✦ The court will not interfere with the apportionment of liability as the findings are not based on no evidence or a misapprehension of the evidence.

Ahmed Abdullahi Mohamad & v Mohamed Abdi Mohamed & 2 others [2017] KEHC 2174 (KLR)

✦ The application is without merit. The scrutiny is to be undertaken at Nairobi on the same terms as ordered on 10th November, 2017.

Big Road Enterprises v DHL Global Forwarding (K) Limited [2017] KEHC 10097 (KLR)

✦ The Court extended the time for filing an appeal, granted a stay of execution, and granted leave to appeal

Republic v District Lands Adjudication Officer Tigania East & 2 others Exparte Atanasio Ntojira & another [2017] KEHC 1768 (KLR)

✦ The suit is properly before the Court as leave was obtained on 29:10:2015. The Rules of Natural Justice were not violated.

Nicholas Njenga Mwangi v David Mwangi Njoroge , Benjamin Muriuki Gaturuku t/a Bensure Auctioneers & Karuga Wandai (Civil Miscellaneous Application 476 of 2012) [2017] KEHC 1305 (KLR) (Civ) (24 November 2017) (Ruling)

✦ The respondents breached the orders for stay of execution issued by the Chief Magistrates Court and are found guilty of contempt.

Kenya Commerical Bank Ltd v Joseph Njoro Kabechu [2017] KEHC 2154 (KLR)

✦ The defendant is indebted to the plaintiff and the charge secured the total sum of Kshs 265,000.00.

David Mwangi Kibogo (Suing as the Administrator of the estate of the late Scholastica Wamuhu Mwangi) v Benson Ndegwa Waweru & 2 others [2017] KEHC 1332 (KLR)

✦ The court dismissed the preliminary objection raised by the 1st defendant, finding that the suit was filed within the statutory period and that the plaintiff's claim is not statute barred.

Annah Mbinya Mbuvi & another v Elias Nyaga (alias Elias Mugendi Nyanga) [2017] KEHC 1882 (KLR)

✦ Judgment for the plaintiffs for KShs 139,040/00 under the Law Reform Act and KShs 3,838,334/70 under the Fatal Accidents Act, with interest and costs.

M U M v Republic [2017] KEHC 1608 (KLR)

✦ The court found that the prosecution proved its case beyond reasonable doubt and that there were no variances or contradictions in the prosecution's case that would vitiate the conviction.

Colour Planet Limited v Safaricom Limited & 2 Others [2017] KEHC 10065 (KLR)

✦ The application is dismissed with costs as Colour Planet failed to demonstrate that it could not have brought the existence of the new evidence to the Judge's attention before the delivery of the ruling.

Raza Properties Limited v Francis M Mutua t/a Mutua Mboya & Nzissi Advocates [2017] KEHC 9740 (KLR)

✦ The court finds the Plaintiff has proved its case on a balance of probabilities, except for the sum of Ksh.186,000, and enters judgment for the Plaintiff for Ksh.1,316,300.

Paul Towett v Commanding Officer 3KR Lanet Barracks & 3 others [2017] KEHC 1220 (KLR)

✦ The appeal is dismissed as the suit was statute barred.

Republic v Everlyne Kawira Mugambi [2017] KEHC 2071 (KLR)

✦ The accused is sentenced to three years imprisonment with a suspended sentence, subject to conditions

In re Estate of Samuel Simekha Chalingo (Deceased) [2017] KEHC 881 (KLR)

✦ The grant was obtained by non-disclosure of material facts, and the Applicants are beneficiaries. The grant is revoked and a new grant is issued including the Applicants as beneficiaries of Plot No. E/Bunyore/Busikhale/458.