Kenyan case law

In re J K K (Minor) [2017] KEHC 976 (KLR)

✦ This Court allows the Applicants' application to adopt the child, J K K. The child shall retain his current name, and the 1st Applicant's brother, F K K, shall be the legal guardian of the child should such eventuality arise.

Monica Nyakinyua Geitangi & another v Wambugu Motende & Co Advocates [2017] KEHC 9775 (KLR)

✦ The applicants were not prejudiced by the late delivery of the ruling, as the determination was available. The Deputy Registrar's ruling on the Preliminary Objection and the taxation of the Bill of Costs was not procedurally correct.

Republic v Ezekiel Obiero Mangwana [2017] KEHC 2021 (KLR)

✦ The accused is found guilty of murder.

David Kariuki Wachira v Republic [2017] KEHC 9703 (KLR)

✦ The court dismisses the application as the sentence passed was not only reasonable but lenient in the circumstances and the period spent in custody was not deducted from the sentence.

B N O v Republic [2017] KEHC 1996 (KLR)

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

Joseph Amisi Omukanda v Independen Electoral and Boundaries Commission & 2 others [2017] KEHC 2133 (KLR)

✦ Petitioner is ordered to produce original forms 35A and for investigation

Republic v Nairobi City County Ex parte Zitron Limited t/a Sunrice Casino [2017] KEHC 2061 (KLR)

✦ Respondent’s decision to withdraw Single Business Permit and close business operations is unlawful and invalid

Republic v Kenya Urban Roads Authority & 2 others Exparte Cytonn Investments Management Limited [2017] KEHC 897 (KLR)

✦ The court found that the applicant had an alternative remedy in the form of an appeal under the Physical Planning Act and that the approval given to the applicant was irregular and unprocedural.

Mwavita Jonathan v Silivia Onunga [2017] KEHC 2176 (KLR)

✦ The court reduces the award of general damages from Kshs. 1,000,000/- to Kshs. 400,000/-

Sisto Muhiato Karonji v Attorney General & 2 others [2017] KEHC 9605 (KLR)

✦ The petition does not raise constitutional issues, and the evidence does not establish liability against the Respondents. The petition fails.

Consortium of H.Young & Co (E.A) Limited & Yantai Jereh Petroleum Equipment and Technologies Company Limited v Public Procurement Administrative Review Board & 2 others [2017] KEHC 2140 (KLR)

✦ The application is unmerited, and the order is quashed.

Republic v Kennedy Ngesa Marenya [2017] KEHC 1155 (KLR)

✦ The accused is found guilty of murder.

Directline Assurance Company Limited v Silvester Edward Mutiso & another (Both Suing as Administrators Ad Litem of the Estate of Dorcas Kamanthe Mutiso - Deceased) [2017] KEHC 1949 (KLR)

✦ The application for stay of execution is allowed on the condition that the appellant deposits the entire decretal amount into an interest-earning account within 45 days, and execution will issue in default.

Roy Parcel Services Limited v Express Kenya Limited [2017] KEHC 1670 (KLR)

✦ The application is allowed, and the decretal sum deposited with the court on November 8, 2000, should be released to the Respondent.

Republic v Robat Lobolo Kuya & 2 others [2017] KEHC 1875 (KLR)

✦ The accused are acquitted of murder

Republic v J K N [2017] KEHC 141 (KLR)

✦ The court finds that the prosecution did not prove the charge of murder beyond reasonable doubt and enters a verdict of 'Not Guilty'.

Sabina Maseke v Joyce Ngendo [2017] KEHC 1381 (KLR)

✦ The appeal is allowed, and the suit is remitted back to Hon. E. K. Usui, learned Senior Principal Magistrate to determine afresh the claim for general damages for breach of the appellant’s fundamental rights and the question as to whether or not damages should be awarded and how much, if any.

Beverly Technoligies Limited v Fidelity Commercial Bank Limited [2017] KEHC 1348 (KLR)

✦ The motion is allowed in terms of prayer 1, but the request to release the deposit is declined.

Nzioka & Co. Advocates v Harit Sheth Advocates [2017] KEHC 1293 (KLR)

✦ The defendant's motion is dismissed with costs to the plaintiff

Directline Assurance Company Limited v Caroline Nduku Muia [2017] KEHC 1867 (KLR)

✦ The application for stay of execution is allowed on the condition that the appellant deposits the entire decretal amount into an interest-earning account within 45 days, or execution will issue in default.

Bingwa Sacco Society Ltd v Quickline Auctioneers & another [2017] KEHC 1457 (KLR)

✦ The appeal has merits. The orders of the sub-ordinate court shall be set aside. The preliminary objection before the trial magistrate had merits as the Court had no jurisdiction to entertain the suit. The order dismissing the preliminary objection is substituted with an order allowing it with costs. The suit shall be struck out with costs for want of jurisdiction.

Kenya Wildlife Service v Amos Mfwaya Kokoth [2017] KEHC 315 (KLR)

✦ The court sets aside the award and substitutes it with an award of Kshs. 358,000 to the deceased's family.

Francis Kariuki Mbatia v Republic [2017] KEHC 594 (KLR)

Henry Muli Munguti, David Ndunda Nyungu & Henry Mwake Mbindyo (Suing as Officials of Good Hope Rehabilitation Centre) v Martin Mischrick, Jennifer Otin, Francis Kieti, Registrar of Societies & Kenya Commercial Bank Limited [ (Civil Suit 77 of 2017) [2017] KEHC 1304 (KLR) (Civ) (17 November 2017) (Ruling)

✦ The court dismissed the plaintiffs' application and found it misconceived, mischievous, and an impediment to the just, expeditious, and proportionate resolution of the suit.

Julius Cheruiyot Korir v Republic [2017] KEHC 797 (KLR)

✦ The conviction and sentence are quashed, and the appellant is set at liberty.