Kenyan case law

Charles Ngare Karaya v Florence Muthoni & another [2018] KEHC 1129 (KLR)

✦ The suit is not competent as the subject matter of the suit has been determined in a separate case.

In re Estate of Jason Mutuerandu Kiarie (Deceased) [2018] KEHC 1085 (KLR)

✦ Application to revoke the grant issued on 7/5/2018 lacks merit and is dismissed. Security is provided to the petitioner for the conduct of his duties.

Jesse Mburu Gitau & another v Housing Finance Company of Kenya Limited [2018] KEHC 1152 (KLR)

✦ The court found the defendant's charges to be illegal and unenforceable, and ordered the defendant to release the plaintiffs' title deed and refund the overcharged amount.

RSC v Republic [2018] KEHC 832 (KLR)

✦ The Appellant's conviction is quashed and the sentence set aside. The Appellant is set free.

Alex Koech & another v Robbine L. Amuhaya [2018] KEHC 1434 (KLR)

✦ The appeal is allowed, but only to the extent that the total amount awarded to the Respondent is reduced to Kshs. 1,240,640.

Republic v Retirement Benefits Appeal Tribunal & another; Retirement Benefits Authority & 949 others (Interested Parties) Exparte Board of Trustees, Teleposta Pension Scheme [2018] KEHC 621 (KLR)

✦ The High Court has supervisory jurisdiction over the Retirement Benefits Appeals Tribunal and the case should not be transferred to the Employment and Labour Relations Court.

Eastern Produce (K) Ltd (Sitoi Tea Estate) v Joseph Atungulu Ndere [2018] KEHC 9987 (KLR)

✦ The Appellant cannot be held liable for the Respondent's injuries and the Respondent is not entitled to damages.

Madison Insurance Co. Ltd v Micheal Muathe [2018] KEHC 1643 (KLR)

✦ The application to stay the proceedings in Mavoko PMCC No. 1132 of 2017 is denied. The applicant is directed to prepare this suit and list it for hearing on priority basis.

Edward Mutune Kimatu & another (Suing as Legal Representatives of the Estate of Kimatu Mbuvi - Deceased) v Patrick Wambua John [2018] KEHC 1276 (KLR)

✦ The appeal is allowed, and the liability is found to be 50%:50%. The award on general damages and special damages remains undisturbed.

In re Estate Of M’mugwika Ibutu (Deceased) [2018] KEHC 854 (KLR)

In re M’Mwithirwa Thiuru (Deceased) [2018] KEHC 607 (KLR)

✦ The estate will be distributed as follows: Caroline Nchabira M'Mwithirwa gets Abogeta/L-Chure/765, and the rest of the estate will be divided equally among the surviving children of the deceased.

Republic v Julius Nkunja [2018] KEHC 571 (KLR)

✦ The court finds that the prosecution has raised a prima facie case sufficient to place the accused on his defence. The accused is entitled to defend himself.

China Road & Bridge Corporation v Kelvin Nyuki Machimbo [2018] KEHC 1628 (KLR)

✦ Preliminary objection is dismissed

Jeremiah Loromokai Egole v Vero Investments Limited & another [2018] KEHC 1260 (KLR)

✦ The court lacks jurisdiction to entertain the application due to the provisions of the Work Injury Benefits Act, 2007, and the application should have been filed before the Employment and Labour Relations Court.

Jeremiah Loromokai Egole v Vero Investments Limited & another [2018] KEHC 1175 (KLR)

✦ The court granted prayers [a] and [c] of the motion.

Eastern Produce (K) Ltd (Chemomi Tea Estate) v Inea Avutu Shitakwa [2018] KEHC 55 (KLR)

✦ The court upholds the trial magistrate's finding that the Appellant shoulders liability at 100%. The court does not find any reason to interfere with the findings of the trial magistrate on quantum.

Republic v Evans Oreri Mbebi [2018] KEHC 946 (KLR)

✦ The court finds it futile to put the accused on his defence and enters a finding of not guilty.

David Oscar Owako v Chemelil Sugar Company Ltd & 7 others [2018] KEHC 1692 (KLR)

✦ The notice of motion is dismissed with costs

A L M v P M M [2018] KEHC 1405 (KLR)

✦ The marriage is declared null and void.

In re estate of Ngarunyi Mwinja (Deceased) [2018] KEHC 1238 (KLR)

✦ The respondents are ordered to vacate the estate, and the estate is to be distributed among beneficiaries. The respondents are given time to prove their claims in court.

Republic v Amos Wanjala Mutelwa [2018] KEHC 437 (KLR)

✦ The application for bail is disallowed due to inconsistencies in the accused's statements and the victims' concerns about the fresh wounds of losing the deceased.

Brenda Achieng Ongalo & 2 others v Speaker, County Assembly of Siaya & 3 others [2018] KEHC 851 (KLR)

✦ The court found that the governor's power to handpick and forward nominees for county committee executives is unconstitutional and invalid.

Eastern Product (K) Limited (Savani Tea Estate) v Franncis Asuna Maru [2018] KEHC 111 (KLR)

✦ The court found the appellant culpable and negligent, awarding the respondent general damages of Kshs 100,000/- and special damages.

Republic v James Murithi Kiinge [2018] KEHC 812 (KLR)

✦ The court found the prosecution's evidence sufficient to prove the accused's guilt beyond reasonable doubt.

Republic v Public Procurement Administrative Review Board; Nairobi City Water & Sewerage Company Limited & another (Interested Parties) Ex Parte Fourway Construction Company Ltd [2018] KEHC 626 (KLR)

✦ The Court allows the Applicant to introduce new evidence after being granted leave to file judicial review proceedings. The Court declines to expunge the supporting affidavit. The Court also allows the Applicant to disclose the 2nd Interested Party's tender document.