Kenyan case law

Ann Cherop Koech v Charles Kiprotich Langat [2018] KEHC 1515 (KLR)

✦ The court upholds the first ground of appeal, finding that the trial court erred in law by failing to find that the suit was time barred.

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.

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.

In re AM (Child) [2018] KEHC 9901 (KLR)

✦ The baby is available for adoption, the applicants have met the requisite conditions, and the adoption is in the best interests of the baby.

In re Estate of M’imwere Ndonge (Deceased) [2018] KEHC 1198 (KLR)

✦ The estate should be distributed equally among the five children.

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 Mary N. Odhiambo (suing as the legal representative of the estate of Erick Juma Odhiambo, Deceased) [2018] KEHC 1373 (KLR)

✦ The court found the award of damages to be excessive and ordered a review.

Charles Odhiambo Okumu v Republic [2018] KEHC 673 (KLR)

✦ The conviction and sentence are quashed. The appellant is set free.

Nurick Ombui Nyasimi v Republic [2018] KEHC 520 (KLR)

✦ The court declines to grant bail pending appeal and orders the applicant to stay in custody until his appeal is heard.

Duncan Nyakundi Abuga v Republic [2018] KEHC 457 (KLR)

✦ The custodial sentence is reduced by two years and nine months, and the Appellant is ordered to serve seventeen years and three months imprisonment.

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.

Ngugi Mwangi & Co. Advocates v Alloy Steel Castings Limited (Miscellaneous Civil Application 178 of 2017) [2018] KEHC 733 (KLR) (Commercial and Tax) (6 December 2018) (Ruling)

✦ The Advocate/Respondent has failed to demonstrate that the Client/Applicant retained the firm of Ngugi Mwangi & Co. Advocates to act in Milimani CMCC No. 9772 of 2006.

Alex Koech & another v Nelson M. Mulama (suing as the legal representative of the estate of Kevin Kinyanjui, Deceased) [2018] KEHC 1535 (KLR)

✦ The appeal is allowed, and the total amount awarded to the Respondent is reduced to Kshs. 1,376,000/=. The Judgment of the lower court is set aside.

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.

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

✦ Preliminary objection is dismissed

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.

In re of KC (Minor) [2018] KEHC 9841 (KLR)

✦ The court allowed the application and authorized the applicant to adopt the baby KC, with orders for the issuance of a Kenyan passport and the appointment of a legal guardian.

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.

Leposo Ole Koila & another v Isaac Kireu [2018] KEHC 1507 (KLR)

✦ The defendant owes the plaintiffs the principal sum of Kshs.492,500/=, but the interest charged at 25% per month is unconscionable and unreasonable.

Co-operative Insurance of Kenya Ltd v Calvins Odhiambo Ayoma & 3 others [2018] KEHC 1220 (KLR)

✦ The insurance policy is declared null and void, and a refund of Kshs. 6,575,698 is ordered.

Republic v Evans Shem Osoro & 2 others [2018] KEHC 1304 (KLR)

✦ The accused are found guilty of the murder of Evans Okerosi Mokora

Magnate Ventures Limited v Kenya Railways Golf Club [2018] KEHC 999 (KLR)

✦ The application is merited and the Interested Party is enjoined as an Interested Party in the suit.

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

Daniel Omare Barongo v Chemelil Sugar Company Limited [2018] KEHC 897 (KLR)

✦ The petition is res judicata and dismissed with costs.

Eri Limited v Equitorial Commercial Bank (Formerly Southern Credit Banking Corporation Limited) & another [2018] KEHC 1765 (KLR)

✦ The application is dismissed with costs to the 2nd Defendant/Respondent.