Kenyan case law

Republic v Ernest Ombewa Wagala [2019] KEHC 907 (KLR)

✦ The accused is sentenced to five years imprisonment.

Leah Mbuya v National Nurses Association of Kenya [2019] KEHC 963 (KLR)

✦ Application is dismissed with costs

Associated Motors Co. Ltd v Blue Sea Services Ltd [2019] KEHC 847 (KLR)

✦ The appeal is dismissed with costs.

Rachel Muhonja Agani v Creative Cleaning Services Ltd [2019] KEHC 1047 (KLR)

✦ The Court finds that the Claimant was not constructively dismissed and awards her underpayment of wages in the sum of Kshs 169,567/-

Jonah Ochieng Osore v Office of the Deputy President & another [2019] KEHC 546 (KLR)

✦ Application dismissed, as reinstatement is a final remedy to be granted after a hearing on the merits

Amos Gichuki Ngonjo & another v Credit Bank Limited & another [2019] KEHC 637 (KLR)

✦ The application of 21st February 2019 seeking grant of Interlocutory injunction is dismissed with costs.

Benjamin Koech v Baringo County Government & 2 others; Joseph C. Koech (Interested Party) [2019] KEHC 1646 (KLR)

✦ The court finds no breach of the petitioner's Constitutional Rights and finds him guilty of forum shopping and abuse of Court process, dismissing the petition with costs.

In re Estate of SMM’I (Deceased) [2019] KEHC 1561 (KLR)

National Bank of Kenya Limited (Eldoret Branch) v Janet Kagwiria Nkuraru & another [2019] KEHC 511 (KLR)

✦ The appeal is allowed, the lower court’s Ruling and ex-parte proceedings are set aside, and the suit is set down for trial of liability of the Garnishee.

Republic v MOO [2019] KEHC 1630 (KLR)

✦ Sentence of three years imprisonment

Repulic v Cyrus Nyamweya Ondabu [2019] KEHC 594 (KLR)

✦ The accused is found guilty of murder and is convicted.

In re Estate of Pauline Muthoni Gatu (Deceased) (Succession Cause 8 of 2019) [2019] KEHC 1062 (KLR) (5 December 2019) (Ruling)

✦ The court restrains the respondents from cutting down trees, leasing out the land, and interfering with the estate pending final distribution.

Charles Mwivuya Chahilu v Deputy County Commissioner Makadara Sub-County & 2 others [2019] KEHC 984 (KLR)

✦ The petitioner's eviction was lawful and he was not being discriminated against. The petitioner's petition does not raise any constitutional issues.

Rose Adhiambo Oluoch v Council of Legal Education [2019] KEHC 323 (KLR)

✦ The petition is dismissed with no order as to costs.

Phillip Kairithia Mugwika v Republic [2019] KEHC 1575 (KLR)

✦ The appeal is allowed, and the appellant is set at liberty

Christine Arara Omolo & another v Kenya Power and Lighting Company Limited [2019] KEHC 1054 (KLR)

✦ The court finds the defendant negligent and awards the plaintiffs Kshs. 1,730,000 in total damages, including Kshs. 200,000 for loss of expectation of life, Kshs. 30,000 for pain and suffering, and Kshs. 1,500,000 for loss of dependency.

Republic v Ayub Mathai [2019] KEHC 1572 (KLR)

✦ The accused may be released on bond of Kshs. 300,000/= and a surety of a similar amount

Dominic Mogere Mbaka v Republic [2019] KEHC 332 (KLR)

✦ The appeal is dismissed. The conviction and sentence are upheld.

Josephat Shikoli v Simon Andai Shadrack [2019] KEHC 357 (KLR)

✦ The appeal is allowed. The judgment of the lower court is set aside and the suit against the appellant dismissed with costs to the appellant.

Daniel Mutuku Muthama v Republic (Miscellaneous Criminal Application 144 of 2018) [2019] KEHC 534 (KLR) (5 December 2019) (Judgment)

✦ The death penalty is overturned, and the Applicant is sentenced to 30 years imprisonment.

David Kimani Githinji & Grace Mbaile, (Suing As The Administrator Of The Estate Of Catherine Njeri Kimani) Deceased v Mutai Hardware Stores Limited [2019] KEHC 335 (KLR)

✦ The court sets aside the award of the trial court and substitutes it with a new award of Kshs 1,679,674.00, including pain and suffering, loss of expectation of life, loss of dependency, and special damages.

James Aggrey Mwamu t/a Mwamu & Company Advocates v African Merchant Assurance Company Limited;Diamond Trust Bank Kenya Limited (Garnishee) [2019] KEHC 1647 (KLR)

✦ The court orders that the monies held by the Garnishee be attached to answer the decree for the judgment debt and costs.

Republic v Dennis Muriiki Thuranira [2019] KEHC 360 (KLR)

Nelson Mandela v Republic [2019] KEHC 334 (KLR)

✦ The appellant's conviction is upheld. The trial court's findings are supported by credible evidence.

Kenya Commercial Bank Limited v Reginauld Ngala [2019] KEHC 1044 (KLR)

✦ The court rules that the applicant's prayer for summons against Mr. Habil Sewe for cross-examination is granted, and the court is to conclusively determine the validity of the consent order on a priority basis and not later than 17.12.2019.