Kenyan case law

Republic v Public Procurement Board Administrative Board; Simba Phamaceuticals Limited & another (Interested Parties) Ex parte Kenya Ports Authority [2018] KEHC 2021 (KLR)

✦ A judicial review order is issued to quash the entire decision of the Public Procurement Administrative Review Board.

In re Estate of Geoffrey Kamau Gathu (Deceased) [2018] KEHC 634 (KLR)

✦ The applicant is entitled to 1/2 acre out of land parcel No. Muguga/Muguga/235, and the remaining 1 acre should be registered in the name of the 1st respondent (petitioner) Alice Wairimu Maina in trust for her two sons L G K and T M K with Alice Wairimu Maina holding life interest.

David Abdalla Tiego & 2 others v Clare Sore Josephine [2018] KEHC 1609 (KLR)

✦ The award of general damages is set aside and substituted with an award of Kshs. 110,000.

Christopher Njoroge Ngugi & Stella Kathure v Cosmas Kithusi Nzioka [2018] KEHC 807 (KLR)

✦ The appellants' appeal is allowed to the extent and upon terms as follows: the award of general damages is upheld, liability is apportioned at 50:50 between the appellants and the respondent, the 2nd appellant is vicariously liable for the negligence of her driver, and judgment is given for the respondent against the appellants jointly and severally in the sum of Ksh. 357,960/-.

In re Estate Makokha Nyilisi Musa (Deceased) [2018] KEHC 876 (KLR)

Republic v George Otieno Gare (Criminal Case 37 of 2011) [2018] KEHC 1390 (KLR) (3 December 2018) (Ruling)

✦ The accused is acquitted of murder.

Benjamin Iravonga v Rose Iravonga & another [2018] KEHC 1600 (KLR)

✦ The appeal is allowed, the judgment of the trial court is set aside, and the appellant's suit for malicious prosecution is allowed on the finding that the appellant had been maliciously prosecuted.

Mombasa Maize Millers Limited v Jennifer Linda Mutsiambo (suing as representative of the Estate of Festo Allan Mwashi, Deceased) & another [2018] KEHC 1741 (KLR)

✦ The appeal is dismissed. The awards for general damages under both the Law Reform Act and the Fatal Accidents Act are upheld.

Amar Holdings v James Ndirangu [2018] KEHC 456 (KLR)

✦ The application is allowed, and the appeal is to be filed and served within 7 days from the date of the ruling. Costs are to be provided for the Respondent.

Republic v Public Procurement Administrative Review Board; County Government of Laikipia & another (Interested Parties); Pelt Security Services Ltd (Ex parte) (Judicial Review Application 74 of 2018) [2018] KEHC 2068 (KLR) (Judicial Review) (3 December 2018) (Judgment)

✦ The court found that the Respondent's jurisdiction did not remain constructively unexercised and that the decision was not tainted by an error of law.

In re Estate of JMG (Deceased) [2018] KEHC 1206 (KLR)

✦ The application is allowed, and a vesting order is issued for the applicant to sell the property for the children's education and to construct a family house.

In re the Estate of Nocodemus Asili Lutiko (Deceased) [2018] KEHC 917 (KLR)

✦ The matter shall be mentioned within thirty (30) days to facilitate the filing of the complete report. Date for judgment shall be fixed thereafter.

Regina R. Muthawa v Felistus Ruth Kiema & another [2018] KEHC 1790 (KLR)

✦ The appeal is dismissed.

KTK Advocates v CPF Financial Services Limited [2018] KEHC 905 (KLR)

✦ The application is dismissed in its entirety with costs to the Advocate/Respondent

Nahashon Chege v Stephen Makabila & another [2018] KEHC 891 (KLR)

✦ The appeal is dismissed.

Republic v Benson Ladama Kimeleny [2018] KEHC 1285 (KLR)

✦ The accused is sentenced to 18 years imprisonment.

Patrick Mutua & another v Mutua Nyamai [2018] KEHC 9762 (KLR)

✦ The court granted the stay of execution of the judgment pending the hearing and determination of the appeal.

Casablanca Holdings Limited v Kenya Power & Lighting Co. Limited [2018] KEHC 1588 (KLR)

✦ The court found that the trial court lacked jurisdiction to entertain the dispute and that the appellant did not present a case entitling it to a temporary injunction.

NN v Republic [2018] KEHC 1332 (KLR)

✦ The conviction and sentence are upheld. The appellant has not shown any error in the trial court's findings.

In re Estate of Margaret Nduta Maina (Deceased) [2018] KEHC 789 (KLR)

✦ The petition for Grant of letters of representation and the grant issued to Peninah Nyambura Maina and James Mwangi Maina is revoked. Grant of letters of representation be issued to Esther Njoki Ndirangu and Amos Kinuthia Ndirangu; administrators of estate of Peter Ndirangu Kinuthia late brother of the deceased. HC Succession Cause No. 1269 of 2013 and HC Succession Cause No. 206 of 2014 are hereby consolidated and the lead file shall be HC Succession Cause No. 1269 of 2013.

Nancy Musili v Joyce Mbete Katisi [2018] KEHC 1912 (KLR)

✦ The appeal is dismissed as an abuse of the court process

Rashid Angonde Hassan v Republic [2018] KEHC 1665 (KLR)

✦ The appeal cannot proceed due to unavailability of trial court records, and the appellant should be retried in Hamisi Law Courts.

New Simba Security Guards v Kakamega P. Converters Ltd [2018] KEHC 1727 (KLR)

✦ The court dismissed the appellant's application to set aside the dismissal of the appeal and reinstate it, finding that the appellant did not raise any new matters and the appeal was not due to a lost file.

Mahenzo Communications Limited v County Government of Bomet [2018] KEHC 331 (KLR)

✦ The court finds no valid arbitration agreement and dismisses the application, stating that parties are still at liberty to enter into negotiations or file the matter in court.

Calistus Musanyi Makotsi & another v Republic [2018] KEHC 1655 (KLR)

✦ The death sentence is set aside and the appellants are sentenced to thirty (30) years imprisonment, effective from the 28th August 2014 when the lower court convicted them