Kenyan case law

Makwata Construction and Engineering Company Limited v Limuru Girls High School [2016] KEHC 27 (KLR)

✦ The court dismisses the application for a mandatory injunction and sets aside the judgment, but grants a temporary stay of execution to allow the school to propose a less disruptive way to satisfy the decree.

Ngwono Transporters v Peter Kariuki [2016] KEHC 1090 (KLR)

✦ Application dismissed with costs to the respondent

Moses Nyandusi Nyakeramba v Kiamokama Tea Factory Co. Ltd [2016] KEHC 364 (KLR)

✦ The application is dismissed with costs to the respondent.

Republic v Sharif Mohammed Hija [2016] KEHC 1027 (KLR)

✦ Counts 1, 2, and 3 are quashed, and the convictions in those counts are hereby quashed and the sentences set aside. The Appellant is acquitted in respect of those three counts. The convictions in Counts 4 and 5 are affirmed. The sentence imposed by the Trial Court of two years’ imprisonment on Count 4 and six months imprisonment on Count 5 is affirmed. The sentences will run concurrently.

Republic v Dedan Kimathi University Of Technology Ex-parte Juma Ombolo Simon [2016] KEHC 439 (KLR)

✦ The court found that the Respondent did not act outside their powers, the decision was not arrived at after considering irrelevant or extraneous matters, and the applicant did not engage in the alleged activities.

Issack Abdirahman Hussein v Registrar Academic Affairs Dedan Kimathi University of Technology [2016] KEHC 1681 (KLR)

Paul Ndungu Ndichu v Amos Mathenge Kabuthu& 3 others [2016] KEHC 1193 (KLR)

✦ The application is dismissed with costs.

Republic v Prince Mulando & another [2016] KEHC 1604 (KLR)

✦ Both accused are guilty of murder

Middle Town Forex Bureau Ltd v Central Bank of Kenya [2016] KEHC 1074 (KLR)

✦ The court granted the stay of execution pending appeal, finding that the applicant's appeal is arguable and that the appeal would be rendered nugatory without the stay.

Kenya Sugar Research Foundation v G A O minor suing through next friend J A O [2016] KEHC 1050 (KLR)

✦ Appeal dismissed with costs to the respondent

Mutia Malingi v Republic [2016] KEHC 355 (KLR)

✦ The conviction is upheld, but the sentence of 15 years is quashed and substituted with a sentence of 10 years imprisonment.

In re Estate of Kahenya Kimani (Deceased) [2016] KEHC 259 (KLR)

✦ The Court finds no merit in the present Application for revocation of the Grant and dismisses it.

Republic v Peter Musau Mutua [2016] KEHC 8337 (KLR)

✦ The court finds that the accused had malice aforethought and did not have a justifiable reason to kill the deceased, thus rejecting the defense of provocation.

In re R W N (Baby) [2016] KEHC 1366 (KLR)

✦ The court finds it in the best interest of the child to be adopted by the applicant and grants the adoption.

David Ngaba Kiramba v Republic [2016] KEHC 1358 (KLR)

✦ The directions given by the new magistrate are quashed and the appellant's requested witnesses are to be recalled to testify.

Republic v Edward Emusinge Nandukule & another [2016] KEHC 578 (KLR)

✦ The court finds that the death of the deceased occurred and that the accused caused it. The court also finds that the accused intended to cause the death.

Republic v National Land Commission & 2 others Ex Parte Grove Development Ltd [2016] KEHC 1607 (KLR)

✦ The Notice of Motion dated 18th January, 2016 and 26th February, 2016 are wholly incompetent and are hereby dismissed with costs.

Milkah Wambui Ngugi v Agnes Muthoni Ngugi [2016] KEHC 261 (KLR)

✦ The Application is dismissed.

Kiambu County Public Service Board & 5 others v Karungo Wa Thangwa [2016] KEHC 1308 (KLR)

✦ The court restrained the Defendant from further publishing or causing to be published any news, items, statements, articles, words, images, pictures and caricatures on internet, newspapers, Facebook, Twitter, YouTube and WhatsApp concerning the ongoing case.

Abdifatah Abdulahi Sheikh Warsame v Republic [2016] KEHC 1712 (KLR)

✦ The appeal is dismissed. The learned magistrate did not misdirect or abuse his discretion in sentencing. The circumstances of the case justified a deterrent sentence.

Municipal Council of Nyeri v David Ngunjiri Muriithi-Patron & 4 others [2016] KEHC 1661 (KLR)

✦ The order is set aside

Blue Sea Services Ltd & another v Public Procurement Adminisrative Review Board & another [2016] KEHC 588 (KLR)

✦ The court quashed the decision of the Review Board and ordered a fresh tendering process and payment of costs to the applicants.

JI v SK [2016] KEHC 265 (KLR)

✦ The court reinstates the orders for the determination of the arrears and maintenance pending the availability of receipts from the parties.

Jackson Omwenga & Co Advocates v Everest Enterprises Limited [2016] KEHC 8229 (KLR)

✦ The application is allowed, with interest to accrue from 4th April, 2016.

In re C A (Baby) [2016] KEHC 1177 (KLR)

✦ The court finds it in the best interest of the child to be adopted by the Applicant and grants the adoption.