Kenyan case law
-
Millitonic Mwendwa Kimanzi Kitute v Independent Electoral and Boundaries Commission & 2 others [2017] KEHC 2201 (KLR)
✦ The photograph annexed to the affidavit of Nicholas Matuku Luvai is admissible as evidence
-
Musa Shaban Kabughu v Republic [2017] KEHC 1931 (KLR)
✦ The appeal is dismissed, conviction and sentence upheld
-
Republic v Teresiah Mueni Kilonzo & another [2017] KEHC 9666 (KLR)
✦ The prosecution's evidence was sufficient to establish beyond reasonable doubt that the accused persons stabbed the deceased.
-
Republic v Thomas Muthui Nzii [2017] KEHC 879 (KLR)
✦ The accused is found guilty of murder. The death of the deceased was caused by blunt force trauma to the head, leading to increased intracranial pressure and ultimately death.
-
In re Estate of Mangoli Maelo (Deceased) [2017] KEHC 329 (KLR)
✦ The Court directs that the sons jointly engage a surveyor to establish the boundaries and specific acreage for each person. The daughters of the 2nd house are to benefit from their mothers' share, and the 5th objector is to share his portion with his mother and siblings if he so wishes.
-
Lesrima Simeon Saimanga v Independent and Electoral Boundaries Commission,Returning Officer Samburu County & Lenolkulal Moses Kasainie (Election Petition 1 of 2017) [2017] KEHC 2206 (KLR) (22 November 2017) (Ruling)
✦ The court orders that the petition be struck out for non-joinder of the Deputy Governor.
-
Director of Public Prosecutions v Marias Pakine Tenkewa t/a Naresho Bar Restaurant [2017] KEHC 1921 (KLR)
✦ The court held that the high court has supervisory jurisdiction under Article 165 (6) and (7) of the Constitution, but the power is not to be used to correct errors, mistakes, or omissions of a subordinate court.
-
Jairo Kinuthia Kanyoria v Zipporah Wanjiku & 7 Others [2017] KEHC 1445 (KLR)
✦ The estate of the deceased should be shared equally between male and female children
-
Republic v Francis Kimathi [2017] KEHC 1058 (KLR)
✦ The court grants bail to the accused, allowing him to be released on cash bail of Kshs. 100,000 or a personal bond of Kshs. 200,000 with a similar amount as surety.
-
Alpine Coolers Limited v Alfred Avukwi Miheso (Civil Appeal 152 of 2017) [2017] KEHC 9621 (KLR) (Civ) (22 November 2017) (Ruling)
✦ The application is granted on condition that the Applicant deposits the decretal sum in an interest-earning joint bank account of the counsel herein or in court within 30 days from the date of the ruling.
-
Lesrima Simeon Saimanga v Independent and Electoral Boundaries Commission, Returning Officer - Samburu County & Lenolkulal Moses Kasainie (Petition 1 of 2017) [2017] KEHC 2196 (KLR) (22 November 2017) (Ruling)
✦ Affidavits are struck out for non-compliance with Section 4 of the Oaths and Statutory Declaration Act, but the petition is not dismissed as it is dependent on qualitative aspects.
-
Ayubu Omolo Mwimbi v Seline Mboga Mwimbi & another [2017] KEHC 953 (KLR)
✦ The plaintiff's prayers are granted. The defendants shall be evicted from the suit land by the plaintiff with the help of the Court bailiff forthwith.
-
Lesrima Simeon Saimanga v Independent and Electoral Boundaries Commission, Returning Officer Samburu County & Lenolkulal Moses Kasainie (Petition 1 of 2017) [2017] KEHC 2202 (KLR) (22 November 2017) (Ruling)
✦ The court orders the striking out and expunging of the responses and affidavits from the records of the court
-
Okiya Omtatah Okoiti v Commissioner General, Kenya Revenue Authority & 2 others [2017] KEHC 9600 (KLR)
✦ The court upheld the conservatory orders and denied the application for security pending hearing of the Petition.
-
Lesrima Simeon Saimanga v Independent and Electoral Boundaries Commission & 2 others [2017] KEHC 2198 (KLR)
✦ Affidavits can be filed but must not introduce new evidence
-
Kiranga Gatimu v Layo Abdi Aziz (Suing as a personal representative of the Estate of the Late Abdi Aziz Roba) [2017] KEHC 9618 (KLR)
✦ The appeal is dismissed with costs.
-
Geomax Consulting Engineers Limited & 3 others & another [2017] KEHC 10058 (KLR)
✦ The court allows the application to enjoin Wagema Limited to the case, as the 2nd defendant, and rejects the application to enjoin the proposed 3rd and 4th plaintiffs.
-
David Mugo Mururia v Le Stud Ltd [2017] KEHC 1569 (KLR)
✦ The appeal is dismissed with costs to the Respondent.
-
Michael Muchoki Njeri another v Stellamaris Ndunge Masila & 6 others [2017] KEHC 447 (KLR)
✦ The court has jurisdiction to determine the claims herein. The respondent's claim that he is the owner of the property should be made against the administrators before the land court. The interested parties are protected by Section 93 (1) of the Law of Succession Act.
-
Mugambi Imanyara v I.E.B.C, Meru County - Returning Officer & Franklin Mithika Linturi [2017] KEHC 2195 (KLR)
✦ The application to summon witnesses is disallowed. The application for furnishing of the 3rd respondent's Self Declaration form and certified copies of the academic qualification by the 1st and 2nd respondents is allowed.
-
Republic v Samson Lotuu Lomerile [2017] KEHC 1341 (KLR)
✦ The accused is found guilty of murder and sentenced to death
-
Alex Muthinji Njeke & Another v Attorney General [2017] KEHC 1498 (KLR)
✦ The court awards Kshs. 4,718,101 to the first plaintiff and Kshs. 580,000 to the second plaintiff in total damages.
-
Absolute Stocks Limited & 3 others v Anne Wambui Mwenje [2017] KEHC 9591 (KLR)
✦ The application is allowed on condition that the Applicants deposit the decretal sum in a joint interest earning bank account of the counsels for both parties herein or in court within 30 days from the date hereof.
-
Belgo Holdings Limited v National Land Commission & another [2017] KEHC 2267 (KLR)
✦ The 1st Respondent has jurisdiction to review the Grants to the suit property, but the review is limited to private land and must be based on a basis laid down by the 1st Respondent or through prompting by a third party.
-
Republic v Peter Kithaka Kiriga [2017] KEHC 1928 (KLR)
✦ The court finds the accused not guilty of murder but guilty of manslaughter.