Kenyan case law

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 Caroline Muthoni Wairimu & another [2017] KEHC 195 (KLR)

✦ The two accused persons are jointly charged with murder.

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.

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.

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.

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.

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.

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.

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

Juma Salim Mwamaneno v Joshua Ndirangu Kiboi [2017] KEHC 824 (KLR)

✦ The appeal is upheld, and the award of damages is increased to Kshs.185,000.

E M O v Republic [2017] KEHC 844 (KLR)

✦ The court orders the appellant's immediate release, as he has already served two years of a life sentence and the court finds the benefit of doubt in his favor.

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.

Association of Kenya Medical Laboratory Scientific Oficers & 3 others v Cabinet Secretary, Ministry of Health & 2 others [2017] KEHC 1240 (KLR)

✦ The motion for review is allowed as prayed.

Republic v Registrar of Societies, Kenya & 2 others; Kirima & 2 others (Ex parte) (Miscellaneous Application 394 of 2017) [2017] KEHC 9603 (KLR) (Constitutional and Judicial Review) (23 November 2017) (Ruling)

✦ The application is not fatally and incurably defective, and the proceedings are not res judicata.

Republic v Ahmed Sheikh Isaack & another [2017] KEHC 1955 (KLR)

✦ The court allows the withdrawal of the case and discharges the accused persons.

Isaac Mworia M’Nabea v David Gikunda [2017] KEHC 1523 (KLR)

✦ The court found the award of Kshs 600,000 in general damages to be excessive and not supported by the evidence presented.

Fredrick Simiyu Ndinyo v Electine Nasambu Masengeli [2017] KEHC 280 (KLR)

✦ The deceased died intestate and Section 40 of the Law of Succession Act applies. The Court adopts Electine's proposal for distribution.

Republic v Mary Nkirote [2017] KEHC 618 (KLR)

✦ The court finds no prima facie case against the accused and acquits her of murder.

Kenya Anti-Corruption Commission v Stanely Mombo Amuti [2017] KEHC 1050 (KLR)

✦ The court declares the listed sums of money to be unexplained assets and orders the Defendant to pay the Kenya Government Kshs.41,208,000/-

Raphael Muriithi Ngugi v Paul Thuo Kimani [2017] KEHC 1117 (KLR)

✦ Application for revocation of grant is stayed for seven months for the applicant to pursue his recourse with the Environment and Land Court regarding the title of the land.

Matthew Shake Boli v Republic [2017] KEHC 1816 (KLR)

✦ The Appellant’s appeal is successful, conviction and sentence are quashed

Ramadhan Mugashemba v Republic [2017] KEHC 1122 (KLR)

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

In re NMK (Subject) (Miscellaneous Application 73 of 2017) [2017] KEHC 921 (KLR) (23 November 2017) (Ruling)

✦ The applicant was not a fit person to be appointed as either a guardian or manager to the estate of the subject.

Anthony Mariach Kunuita v Republic [2017] KEHC 1749 (KLR)

✦ The court's order to lock out the investigating officer from testifying should be revised and set aside, and the matter should be transferred to another magistrate with jurisdiction.

Republic v David Njoroge Nganga [2017] KEHC 1136 (KLR)

✦ The court rules that the case should be allowed to proceed for defence hearing.