Kenyan case law

Kevin Wanjala v Republic [2018] KEHC 864 (KLR)

✦ The appeal is dismissed. The conviction and sentence are upheld.

Gideon Mose Onchwani v Kenya Oil Co. Limited & another [2018] KEHC 9927 (KLR)

✦ The application is granted on condition that the amount in contention be deposited in a joint interest earning bank account of the counsel for the Plaintiff and the 1st Defendant or in court pending the hearing and determination of the appeal.

Richard Kurgat Bunei v Republic [2018] KEHC 602 (KLR)

✦ The conviction is quashed and the appellant is set free

Republic v David Matata Kiteme [2018] KEHC 1013 (KLR)

✦ The defendant is sentenced to life imprisonment.

Josephat Ekulan v Republic [2018] KEHC 573 (KLR)

✦ The conviction on the main charge of robbery with violence is quashed and set aside. The conviction on the alternative charge of handling stolen property is affirmed.

Republic v Josephine Kwamboka Kinaro [2018] KEHC 561 (KLR)

✦ The court finds the accused not guilty of murder.

Republic v Ethics and Anti Corruption Commission: Ex parte Margaret W. Mbote & 8 others [2018] KEHC 468 (KLR)

✦ The court finds that the EACC has the mandate to investigate bribery allegations against members of the County Assembly and that the Applicants' submission that the issue falls under the jurisdiction of the Committee of Powers and Privileges is not valid.

Masterpower Systems Ltd v Public Procurement Administration Review Board & 3 others [2018] KEHC 1679 (KLR)

✦ Application dismissed, appellant must list appeal for hearing within 120 days and bear costs.

In re Estate of Peter Mwaniki Magondu (Deceased) eKLR [2018] KEHC 1295 (KLR)

Republic v Ann Njoki Macharia [2018] KEHC 956 (KLR)

✦ The accused is found guilty of murder.

Joseph G. Njoka & 5 others v Rose Mutitu Gachoki [2018] KEHC 745 (KLR)

✦ The application has merits and the court allows it. There shall be stay of proceedings and execution in SRM CC 428/05 pending the hearing and determination of the intended appeal. Leave is granted to the applicants to file the appeal out of time.

Joseph Boke Sereria v Republic [2018] KEHC 514 (KLR)

✦ The court dismissed the appeal and upheld the conviction and sentence.

RE v Republic [2018] KEHC 747 (KLR)

✦ Affirm the trial court's finding on both conviction and sentence

Dennis Chirchir v Republic [2018] KEHC 666 (KLR)

✦ The appeal from conviction is dismissed, and the sentence of imprisonment for seven years is set aside and substituted with a sentence of imprisonment for four years.

A.M. Kimani & Co.Advocates v Kenindia Insurance Co. Limited [2018] KEHC 697 (KLR)

✦ Judgment is entered in favor of the applicant for the amount of Kshs. 53,045/= and interest at 14% per annum from August 25, 2008 until January 31, 2018.

Republic v Bernard Obaigwa Atei [2018] KEHC 1153 (KLR)

✦ The court finds no evidence that the accused committed the murder and acquits the accused.

Republic v James Omoke Nyandoro [2018] KEHC 1290 (KLR)

✦ The accused is found guilty of the murder of Nicodemus Oyugi Mobisa.

Republic v Samuel Ongeri & another [2018] KEHC 798 (KLR)

✦ The appeal is dismissed as the trial court correctly found that the prosecution evidence was riddled with inconsistencies and contradictions.

Kirit Bhangwanda Kanabar v Director of Public Prosecutions & another [2018] KEHC 1610 (KLR)

✦ The court finds the bail terms excessive and punitive, and orders the terms to be reviewed

In re GMN [2018] KEHC 907 (KLR)

✦ The petition is granted, and GMN is declared mentally incapable of protecting his interests.

Justin Gitonga v Faulu Microfinance Bank Limited & another [2018] KEHC 1357 (KLR)

✦ The appeal is dismissed. The judgment of the learned magistrate is upheld. Each party will meet its own costs for this appeal and the court below.

Dismas Egesa Osinya v County Government of Busia [2018] KEHC 971 (KLR)

✦ The Court awards compensation of Kshs.70,000,000 (Seventy Millions Shillings Only) to the Plaintiff for the whole of the suit property including any unutilised portion.

A.M. Kimani & Co.Advocates v Kenindia Insurance Co. Limited [2018] KEHC 835 (KLR)

✦ Judgment in favor of the Applicant for the sum of Kshs. 87,678/=. Interest at 14% per annum from 30th October, 2008 until 9th January, 2018. Applicant also awarded costs based on the Advocates Remuneration Order.

Joseph Koine Muthoni v Republic [2018] KEHC 1272 (KLR)

✦ The appeal is dismissed. The trial magistrate's decision is upheld.

Mark Namwamba Akhale v Tom Okora & 2 Others [2018] KEHC 721 (KLR)

✦ The application is found meritorious and allowed. The County Surveyor is ordered to visit the disputed land and determine its boundaries. The surveyor is also ordered to file a report on any trespass by anyone in the disputed land. The parties are allowed to engage private surveyors to be present during the exercise. Costs of the application are in the cause.