Kenyan case law

Allan Museve v Alfred Muema Mwanzia [2019] KEHC 1300 (KLR)

✦ The trial court's judgment and orders are set aside, and the appellant is allowed to file a defence within 14 days.

Republic v Deborah Makandi [2019] KEHC 1450 (KLR)

Martin Bundi v Republic [2019] KEHC 1707 (KLR)

✦ The Appellant’s appeal is partially allowed, and the term of imprisonment is reduced from 4 years to 2 years and 6 months, with effect from October 30, 2017.

Alphose Omboga Obaga v Republic [2019] KEHC 1576 (KLR)

✦ The petition is misconceived and not properly before the court as it cannot sit on appeal against its own judgement.

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

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.

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.

Alex Abuga Monyoncho v Republic [2019] KEHC 1449 (KLR)

✦ The petition is dismissed.

Republic v Hillary Koech Maiyo [2019] KEHC 604 (KLR)

✦ A prima facie case of murder has been established against the accused.

EWM v Republic [2019] KEHC 12141 (KLR)

✦ The court orders that EWM be set free unless otherwise lawfully held.

Republic v Gordon Ojwang Ojwang & another [2019] KEHC 415 (KLR)

✦ The court granted the prosecution's application to discontinue the proceedings and discharged the accused persons.

Municipal Council of Kisumu v National Housing Corporation [2019] KEHC 456 (KLR)

✦ The Court finds that the Municipal Council owed the National Housing Corporation Kshs 1,028,103,460.90 as of 31st March 2019, and the accounts provided by the Corporation are uncontroverted and accurate.

Onesmus Musee Kavua v Republic [2019] KEHC 1011 (KLR)

✦ The Appeal is dismissed in its entirety.

Diamond Trust Bank Kenya Limited v Eric Barasa Nakitare [2019] KEHC 12080 (KLR)

✦ The Appellant's claim for the loan is a liquidated demand and the Respondent's Statement of Defence raises triable issues, thus the application for summary judgment is dismissed and the case is remanded for a full hearing.

David Kang’ethe v Republic [2019] KEHC 1438 (KLR)

✦ The sentence is reduced to five years' imprisonment, to be served concurrently with the two years' imprisonment for assault.

Alnashir Visram v Standard Limited [2019] KEHC 12118 (KLR)

✦ The court finds no proof of contempt of court and dismisses the application.

Eldoret Steel Mills Limited v Jacob O. Ndambuoro [2019] KEHC 576 (KLR)

✦ The appeal was dismissed with costs.

Caleb Oduor Obongo v Republic (Criminal Appeal 37 of 2018) [2019] KEHC 798 (KLR) (4 December 2019) (Judgment)

✦ The conviction and sentence are upheld

David Mwangi Kamau v Republic [2019] KEHC 1676 (KLR)

✦ The death sentence is commuted to life imprisonment. The applicant is sentenced to 20 years for robbery with violence and 10 years for rape, to run concurrently.

Martin Kimathi Mutuma v Republic [2019] KEHC 730 (KLR)

✦ The application for transfer of trial is dismissed as there is no evidence of a fair and impartial trial or that transfer is expedient for the ends of justice.

Republic v Peter Karanja [2019] KEHC 1443 (KLR)

✦ The accused is convicted of the offenses of murder in counts I, II, III, IV, V, VI, VII, VIII, IX, and X.

Michael Kairu Wanjama v Republic [2019] KEHC 356 (KLR)

✦ The appeal on sentence is dismissed.

Republic v Mwachizia & another (Criminal Case 31 of 2014) [2019] KEHC 10899 (KLR) (4 December 2019) (Judgment)

✦ The accused persons are found guilty of murder and are sentenced to death.

Kelvin Munene Gituma v Gold Rock International Enterprises (K) Limited [2019] KEHC 404 (KLR)

✦ The court affirmed the trial court's decision to decline to award special damages, finding that the funds used to offset medical bills were meant for education and were not double compensation.

Republic v Public Procurement Administrative Review Board; Imap International Ltd Addressing Homes LLC & another (Interested Parties); Ex -parte Applicant: Communications Authority of Kenya [2019] KEHC 108 (KLR)

✦ The court finds that clause 3.2.2 of the original contract is applicable and binding, and that section 130 of the PPADA is constitutional. The court directs the procuring entity to award the tender to Imap International Ltd and Addressing Homes LLC.