Kenyan case law

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.

H.H. Gichohi v Peter Ndaa (Civil Appeal 157 of 2017) [2019] KEHC 399 (KLR) (Civ) (4 December 2019) (Ruling)

✦ The court directs the file to be transmitted to the Head of Civil Division, Milimani Court for re-allocation to another judge.

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.

Peter Lemuya Ekadeli v Republic [2019] KEHC 1536 (KLR)

✦ The conviction and sentence are affirmed

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

✦ The conviction and sentence are upheld

Joseph Shinai Kipukei v Republic [2019] [2019] KEHC 509 (KLR)

✦ The court finds that the aggravating factors outweigh the mitigating factors and dismisses the application for revision.

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.

Republic v Daniel Beke Mwiru [2019] KEHC 1606 (KLR)

✦ The court finds the prosecution's evidence sufficient to prove the accused's guilt of murder, and the confession was not admissible due to lack of legal recording.

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.

In re Estate of Benjamin Mwangi Mboga (Deceased) [2019] KEHC 544 (KLR)

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

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

Republic v Robert Kipkirui Langat [2019] KEHC 1585 (KLR)

✦ The accused is found guilty of murder.

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

✦ The Appeal is dismissed in its entirety.

Rai Plywoods (Kenya) Limited v Sub-County Cooperative Officer, Turbo & Soy & 2 others [2019] KEHC 270 (KLR)

✦ Further proceedings are stayed pending the appeal

Burhani Paints & Hardware v Mohamed Iqbal Abdulaziz & 2 others [2019] KEHC 199 (KLR)

✦ The court grants leave to appeal out of time and grants a stay pending appeal, but the full decretal sum of Kshs.2,760,472.73, excluding costs, must be deposited in an interest-bearing account in the joint names of the advocates for the parties within 30 days from today.

Republic v Benjamin Kyalo Mulonzi [2019] KEHC 1655 (KLR)

✦ The court finds the accused guilty of manslaughter and convicts him accordingly.

Republic v Ndolo Nzyuko [2019] KEHC 1702 (KLR)

✦ The prosecution has made out a case against the accused and he is placed on his defence under section 306(2) Criminal Procedure Code.

Kenga Foto Mangi v Republic [2019] KEHC 774 (KLR)

✦ The death penalty is reviewed and substituted with 25 years imprisonment with effect from 8.9.2003

Nicholas Ouma Were v Victor Benard Wafula [2019] KEHC 1751 (KLR)

✦ The appeal is dismissed with costs.

Republic v John Githenye Kamau [2019] KEHC 1173 (KLR)

✦ The accused is convicted of manslaughter due to the unlawful act of strangulation but no malice aforethought was proven.

In re Estate of William Waweru Njoroge (Deceased) [2019] KEHC 1075 (KLR)

✦ The grant of letters of administration shall not be revoked as the Objector was duly notified of the Administrators' petition and her consent was not obtained. The Administrators shall file an application for confirmation of the grant with a mode of distribution that includes the Objector.

Edgar Kagoni Matsigulu & 4 others v Director of Public Prosecutions & another; Law Society of Kenya & another (Interested Parties) [2019] KEHC 1460 (KLR)

✦ Judicial immunity is not absolute and the DPP's claims against the petitioners are not without merit.

MOI University v PRO Aviation Systems Limited [2019] KEHC 520 (KLR)

✦ The application for stay of execution is allowed.

Mbukoni Services Limited v African Merchant Assurance Company Ltd [2019] KEHC 403 (KLR)

✦ The application is unmerited and is struck out with no orders as to costs.

Maharu Dire & 7 others v Republic [2019] KEHC 1785 (KLR)

✦ The appeal on conviction is disallowed. The sentence is set aside and replaced with the period already served. The appellants shall be set at liberty and repatriated back to Ethiopia unless otherwise lawfully held.