Kenyan case law

• JOSEPH NJOROGE KINYANJUI v REPUBLIC [2010] KEHC 259 (KLR)

  ✦ The sentence of fifteen years is hereby reduced to ten (10) years to run from the date of the Appellant's conviction.

  [2010] KEHC 259 (KLR) High Court of Kenya 8 October 2010

• GEORGE AMATA ONGAWA v REPUBLIC [2010] KEHC 789 (KLR)

  ✦ The surety's conviction and sentence are set aside due to the learned magistrate's failure to follow the correct procedure under S. 131 of the Criminal Procedure Code.

  [2010] KEHC 789 (KLR) High Court of Kenya 8 October 2010

• PAUL KIHIKO KINYANJUI v GEOFFREY KIIRU MACHARIA & another [2010] KEHC 1421 (KLR)

  ✦ The application is dismissed with costs.

  [2010] KEHC 1421 (KLR) High Court of Kenya 8 October 2010

• REPUBLIC v JOSHUA KAIRITHIA M’INAGWA & 2 others [2010] KEHC 1451 (KLR)

  ✦ The accused were informed of their right to address the court and present their defence.

  [2010] KEHC 1451 (KLR) High Court of Kenya 8 October 2010

• PAUL MUGUNA GERALD v REPUBLIC [2010] KEHC 1485 (KLR)

  ✦ The court declines to grant bail pending appeal as the appellant's appeal does not have high chances of success.

  [2010] KEHC 1485 (KLR) High Court of Kenya 8 October 2010

• JOHANNA MBOGO & another v JOSEPH KIMARI & 2 others [2010] KEHC 1406 (KLR)

  ✦ The preliminary objection is overruled, and the defendants' request for a declaration that the decree does not apply to their pitch plots is dismissed.

  [2010] KEHC 1406 (KLR) High Court of Kenya 8 October 2010

• REPUBLIC v FRANCIS KARIKO KIMANI [2010] KEHC 247 (KLR)

  ✦ The court declines to release the accused on bail and directs that he be held in custody pending the hearing and determination of his case.

  [2010] KEHC 247 (KLR) High Court of Kenya 8 October 2010

• REPUBLIC v ERICK MUGUNA MURERWA [2010] KEHC 385 (KLR)

  ✦ The court dismisses the record from the lower court and orders the trial to continue. The accused can seek compensation for the alleged prolonged detention.

  [2010] KEHC 385 (KLR) High Court of Kenya 8 October 2010

• REPUBLIC v FRANCIS KUBAI M’KIOME & another [2010] KEHC 1456 (KLR)

  ✦ The court declines to order the acquittal of the accused as they seek, but finds that the accused have a right to seek compensation for the violation of prolonged detention at the police station.

  [2010] KEHC 1456 (KLR) High Court of Kenya 8 October 2010

• REPUBLIC v NICHOLAS MBAE MURIITHI [2010] KEHC 1471 (KLR)

  ✦ The accused is found guilty of murder but insane at the time of the crime

  [2010] KEHC 1471 (KLR) High Court of Kenya 8 October 2010

• REPUBLIC v HARUN KIMATHI NTOITI [2010] KEHC 1466 (KLR)

  ✦ The court declines to terminate the prosecution of the accused and orders that the trial continue. The accused can seek compensation for the alleged prolonged detention at the police station.

  [2010] KEHC 1466 (KLR) High Court of Kenya 8 October 2010

• REPUBLIC v JAMES KINGE MUTIGA [2010] KEHC 1464 (KLR)

  ✦ The court declines to terminate the prosecution and orders the trial to continue, but also orders the accused to seek compensation for the alleged prolonged detention.

  [2010] KEHC 1464 (KLR) High Court of Kenya 8 October 2010

• REPUBLIC v JASON MURIUNGI & 2 others [2010] KEHC 1470 (KLR)

  ✦ The appeal is dismissed as there is no error in the learned magistrate's decision.

  [2010] KEHC 1470 (KLR) High Court of Kenya 8 October 2010

• In the matter of the Kenya Sugar Board [2010] KEHC 811 (KLR)

  ✦ The application is dismissed for want of competence and merit.

  [2010] KEHC 811 (KLR) High Court of Kenya 8 October 2010

• KIBAARA NJERU v REPUBLIC [2010] KEHC 1457 (KLR)

  ✦ The application is dismissed and the file is transferred to the Criminal Division in High Court of Nairobi for disposal.

  [2010] KEHC 1457 (KLR) High Court of Kenya 8 October 2010

• REPUBLIC v PAULINE KARAMBU [2010] KEHC 1455 (KLR)

  ✦ The proceedings relating to the defence hearing of 16th June 2010 and the accused counsel's submissions made on 22nd July 2010 are set aside. A date will be given for further hearing of the case.

  [2010] KEHC 1455 (KLR) High Court of Kenya 8 October 2010

• SABASTIAN MBAKA NTHIGA v REPUBLIC [2010] KEHC 1469 (KLR)

  ✦ The appellant's right to an interpreter was not violated. The sentence of 6 years is set aside and replaced with a sentence of 2 years.

  [2010] KEHC 1469 (KLR) High Court of Kenya 8 October 2010

• JORAM MESHAK MALAFU v REPUBLIC [2010] KEHC 1432 (KLR)

  ✦ The court finds the prosecution's evidence sufficient to prove the appellant's guilt beyond reasonable doubt and dismisses the appeal.

  [2010] KEHC 1432 (KLR) High Court of Kenya 7 October 2010

• JORAM MESHAK MALAFU v REPUBLIC [2010] KEHC 1420 (KLR)

  ✦ The court finds the prosecution's evidence sufficient to prove the appellant's guilt beyond reasonable doubt and dismisses the appeal.

  [2010] KEHC 1420 (KLR) High Court of Kenya 7 October 2010

• STEPHEN MUGO MUTOTHORIS & 3 OTHERS v NATIONAL BANK OF KENYA & 2 OTHERS (Civil Case 350 of 2003) [2010] KEHC 384 (KLR) (7 October 2010) (Ruling)

  ✦ The suit is dismissed for want of prosecution.

  [2010] KEHC 384 (KLR) High Court of Kenya 7 October 2010

• JOYCE NASIMIYU v REPUBLIC [2010] KEHC 1107 (KLR)

  ✦ The conviction and sentence are quashed, and Nasimiyu is set at liberty.

  [2010] KEHC 1107 (KLR) High Court of Kenya 7 October 2010

• In Re Estate of THE LATE SAMUEL KHISA BARASA [2010] KEHC 1287 (KLR)

  ✦ The applicant has not established any legal interest in the estate of the deceased to be joined as a co-petitioner and the application is dismissed with costs.

  [2010] KEHC 1287 (KLR) High Court of Kenya 7 October 2010

• ERIC ODHIAMBO & another v SIMON MANNON OGUTU ADERE & another [2010] KEHC 910 (KLR)

  ✦ The application to set aside the leave to apply for judicial review and strike out the notice of motion is dismissed with costs to the ex-parte applicants and respondents.

  [2010] KEHC 910 (KLR) High Court of Kenya 7 October 2010

• REUBEN KAGALI CHANGWEYA v REPUBLIC [2010] KEHC 1112 (KLR)

  ✦ The appeal is dismissed as the charge was not defective, the plea was unequivocal, and the sentence was fair.

  [2010] KEHC 1112 (KLR) High Court of Kenya 7 October 2010

• DAIRYCOM KENYA LTD v KENYA DAIRY BOARD & another [2010] KEHC 1303 (KLR)

  ✦ The application to review the Ruling and extend the time to file the Verifying Affidavit is dismissed with costs

  [2010] KEHC 1303 (KLR) High Court of Kenya 7 October 2010