Kenyan case law

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.

Meshack Mumo Stephen v Benjamin Mutua Matolo & another [2018] KEHC 1860 (KLR)

✦ Stay of execution granted

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.

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.

In re Estate of Kagiri Ndugi (Deceased) [2018] KEHC 1006 (KLR)

✦ The court is inclined to make orders for the Land Registrar Naivasha to confirm how LR Gilgil/Gilgil Block 1/1028 got transferred to Stephen Ngere Kagiri, and to clarify the existence of LR No. Gilgil/Gilgil Block 1/1018 and LR Nos Gilgil/Gilgil/1018 and 1028.

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

✦ The appeal is dismissed.

Kemusalt Packers Production Limited v Peter Kahi & another [2018] KEHC 869 (KLR)

✦ The court directs the matter to be heard in Malindi High Court, where the plaintiff has previously filed suits, and maintains the status quo in Mombasa.

Michael Muuthoka Makau (Suing as Personal Representative of the Estate of Ernest Daudi (Deceased) v Simon Nganga Mbugua & 2 others; Monarch Insurance Company Ltd (Interested Party) [2018] KEHC 2003 (KLR)

✦ The Court granted the application to join the interested party and dismissed the preliminary objections.

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 of Simoto Omwenje Isaka - Deceased [2018] KEHC 875 (KLR)

✦ The application for revocation of the grant is dismissed with costs

Makokha Joyce & another; v Jane Mwaniga Elabo (suing as personal representatives and or administrators of the estate of Joash Asembekha Amukayia, deceased [2018] KEHC 1706 (KLR)

✦ The award on loss of dependency is reduced from 7 to 2, resulting in a new total of Kshs. 1,575,600.00.

Republic v Director of Public Prosecution & another & Exparte Joshua Kilonzo Mutisya [2018] KEHC 9885 (KLR)

✦ The court quashes and prohibits the criminal trial in Tawa Resident Magistrate’s Court Criminal Case No. 403 of 2014 for the prosecution of the applicant on a charge of forcible detainer of the land subject of this proceedings.

Hezron Odhiambo Abok v Prajapat Pravinbhai Jivabhai t/a Mitra Enterprises (K) Limited [2018] KEHC 1462 (KLR)

✦ The application is adjourned for further directions.

Republic v Francis Kitiyia Nairenke [2018] KEHC 1109 (KLR)

✦ The accused is convicted of murder and sentenced to fifteen (15) years imprisonment.

In re Estate of Zablon Shimbalia Kulavi (Deceased) [2018] KEHC 769 (KLR)

In re Estate of Bernard Karani Ayugu (Deceased) [2018] KEHC 1196 (KLR)

✦ The court confirms the grant made to the administrator, Mary Grace Ayugu, and orders the distribution of the estate as follows: Nzoia/Moi’s Bridge/Block 1/1727 to Alice Sebi Minayo, Nzoia/Moi’s Bridge/Block 1/652 to Mary Grace Ayugu, Nairobi/Block 82/1086 to Mary Grace Ayugu, and the pensions and death gratuity to Mary Grace Ayugu and the children of the deceased.

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 Martin Kibor & 2 others [2018] KEHC 312 (KLR)

✦ The court finds that the trial court did not act illegally, incorrectly, or unprocedurally and therefore its decision to proceed with the trial was correct.

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.

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.

Jamarat Apartments Limited v County Government of Vihiga [2018] KEHC 1824 (KLR)

✦ The judgment of 13th June 2017 is set aside and the suit proceeds on its merits.

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

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

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

AKK v PKW [2018] KEHC 1568 (KLR)

✦ The Preliminary Objection is upheld; the Court has jurisdiction upon confirmation of marriage and dissolution thereof.