Kenyan case law

Ngugi Gathu Daniel v Council of Legal Education & 2 others [2019] KEHC 12216 (KLR)

✦ Petitioner's case succeeds, and orders are issued for recognition of discrimination, violation of right to education, and unconditional registration for the bar examination.

Margaret Mukami Chege v Stephen Mwangi Njuguna [2019] KEHC 872 (KLR)

✦ The Court finds that the Plaintiff is a co-director and co-shareholder of Steggy Mobile Technology Limited and has a right to access the Company's assets and bank accounts. The Defendant forged documents and locked the Plaintiff out of the business, and the Court orders accounting and sharing of profits.

BTM v Republic [2019] KEHC 12071 (KLR)

✦ The appeal is dismissed, and the appellant is remanded in custody with conditional bond pending the victim's testimony.

Republic v MOO [2019] KEHC 1630 (KLR)

✦ Sentence of three years imprisonment

Kenya Wildlife Service v George Otieno Onjuru (suing as the Legal Representative of the Estate of Bramwels Otieno (Deceased) [2019] KEHC 707 (KLR)

✦ The appeal is hereby struck out with no orders as to costs.

Andrew Kimani Ng’ang’a & 2 others v Peter Njuguna Ngugi & 6 others [2019] KEHC 12094 (KLR)

✦ The plaintiffs' application to set aside the judgment against the 4th, 5th, and 6th defendants is declined as the rules are silent on the matter.

Gitau & Kaburu Advocates LLP v African Merchant Assurance Co.Ltd (Miscellaneous Application 67 of 2018) [2019] KEHC 1463 (KLR) (5 December 2019) (Ruling)

✦ The application is found to have merit and is hereby allowed. Judgment is hereby entered in favour of the applicant against the respondent in the total sum of KShs.58,725/20. There shall be no order as to costs.

Nicholus Kiura v Njiru M. Riumba & Dominic Kathuri Njiru [2019] KEHC 1667 (KLR)

✦ The application is incompetent and an abuse of the due process of the court, dismissed with costs.

Africa Merchant Assurance Co Ltd v Mama Rael Memorial Foundation (Suing through its Registered Trustees) [2019] KEHC 1354 (KLR)

✦ The application is allowed, and the appellant is required to deposit Ksh.5 million in an interest-earning account to secure the stay of execution.

Ramadhan Ali v Director of Public Prosecutions [2019] KEHC 12237 (KLR)

✦ The Petitioner is sentenced to 25 years in jail from the date of arrest.

Evelyne Rotich v County Assembly of Uasin Gishu,County Assembly of Uasin Gishu Committee on Health Services & Speaker, County Assembly of Uasin Gishu (Constitutional Petition 13 of 2019) [2019] KEHC 645 (KLR) (5 December 2019) (Ruling)

✦ The application for conservatory orders is dismissed with costs, and the Petitioner is not granted a temporary injunction.

Daniel Njogu v Francis Njogu Njihia [2019] KEHC 1127 (KLR)

✦ The application is allowed on condition that the applicant deposits the entire decretal sum in an interest-earning account in the joint names of the advocates for the parties within 30 days from the date of the ruling.

Alex Kariuki v David Kipsang Siria [2019] KEHC 962 (KLR)

✦ The appellant’s appeal is allowed, and the judgment of the trial court is set aside. The respondent’s suit is dismissed with costs.

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

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

Longida Lonkinyang v Republic [2019] KEHC 1081 (KLR)

✦ The Appellant's appeal is partially allowed, and the default sentence of fifteen (15) years imprisonment is set aside. A term of imprisonment of twelve (12) months in default of payment of the fine is substituted.

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 Charles Kiranki M’imuti [2019] KEHC 912 (KLR)

✦ The court grants the accused bond.

Benjamin Kibor Mining & another v Veronica C. Serem [2019] KEHC 488 (KLR)

✦ The 2nd application for leave to file an appeal is dismissed with costs, and the appeal is struck out as incompetent for being filed out of time without leave.

Republic v Alex Kemboi [2019] KEHC 593 (KLR)

✦ The accused is hereby placed on her defence pursuant to Section 306(2) of the Criminal Procedure Code.

Eliakim John Sielo v Republic [2019] KEHC 552 (KLR)

Gitau & Kaburu Advocates LLP v African Merchant Assurance Co.Ltd (Miscellaneous Application 69 of 2018) [2019] KEHC 1586 (KLR) (5 December 2019) (Ruling)

✦ Judgment entered in favor of the applicant for the total sum of KShs.68,725/20

Joshua Mose v Republic [2019] KEHC 12111 (KLR)

✦ The Appellant was properly identified and the prosecution proved the elements of robbery with violence beyond reasonable doubt.

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.

Leonard Gethoi Kamweti v Solomon Kitungu & 2 others [2019] KEHC 1670 (KLR)

✦ The court dismisses the suit for want of prosecution but orders it to be prosecuted within six months or it will stand dismissed.

Apollo Tours & Trave Ltd v Samuel Kinyanjui Gitau & 3 others [2019] KEHC 1238 (KLR)

✦ The appeal is dismissed with costs to the 1st respondent