Kenyan case law

Kenya Wildlife Service v Cliff Odinga Obadha (suing as the Personal Representative of the Estate of Daniel Otieno (Deceased) [2017] KEHC 314 (KLR)

✦ The appeal is successful, and the award of Kshs 929,000/= is substituted for the original award.

Republic v Locheria Esekon [2017] KEHC 776 (KLR)

✦ The court finds the deceased's act of pushing Esekon's son into the river was sufficient provocation to reduce the charge from murder to manslaughter.

Republic v Non Governmental Orgnizations Cordination Board Ex-Parte Evans Kidero Foundation [2017] KEHC 9598 (KLR)

✦ The court quashed the decision and prohibited the Respondent and the State from implementing it.

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.

Republic v Benard Mureu Kimani [2017] KEHC 131 (KLR)

✦ The accused is directed to give his defence to the charge

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'.

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

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

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

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.

Amos Nabwera Kayo v Republic [2017] KEHC 9817 (KLR)

✦ The court found the case not proved beyond reasonable doubt and dismissed the appeal.

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

✦ The accused is found guilty of murder.

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 Lepirasi Lesipiti [2017] KEHC 116 (KLR)

✦ The court finds the prosecution failed to prove the accused's guilt and enters a verdict of 'Not Guilty'

Butali Sugar Mills Limited v West Kenya Sugar Company Limited & another [2017] KEHC 10098 (KLR)

✦ The Interrogatories are struck out, but with no order as to costs.

Patrick Munyao & another v Standard Chartered Bank (K) [2017] KEHC 1653 (KLR)

✦ The court finds that the 1st and 2nd applicants have not established a prima facie case against the respondent and that the respondent has properly served notices and carried out a valuation.

Republic v County Cooperative Commissioner Nyeri & 2 others Ex-parte Onesmus Ndirangu Rimwa [2017] KEHC 114 (KLR)

✦ The court found that the cancellation of the elections was not in accordance with the law and that the remedy sought by the ex parte applicant has been overtaken by events.

M W v P N M & H T K [2017] KEHC 446 (KLR)

✦ The application is certified urgent and will be heard expeditiously. The Public Trustee's office will release Ksh. 475,000 for the upkeep of the minor until the revocation of the grant is heard.

Daniel Kariuki King’ori v Republic [2017] KEHC 802 (KLR)

✦ The conviction is quashed and the sentence set aside due to the facts not disclosing an offence under Section 313 of the Penal Code. The case is remitted for a fresh trial before another magistrate.

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

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

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.

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.

Directline Assurance Company Limited v KM (Minor Suing Through the Mother and Next Friend CNM) [2017] KEHC 1973 (KLR)

✦ The application for a 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.

Jimale Mohamud Abdullahi v Independent Electoral and Boundaries Commission & 2 others [2017] KEHC 72 (KLR)

✦ The court grants the Petitioner's application to withdraw the election petition and orders that each party will bear their respective costs of the proceedings.

Ibrahim Ahmed v Independent Electoral and Boundaries Commission & 2 others [2017] KEHC 9567 (KLR)

✦ The petition is struck out with costs to the Respondents

Kenya Diaspora Homes Expo Limited v Eunice Nganga t/a Salisbury Travel & Tours [2017] KEHC 9610 (KLR)

✦ The application for stay of execution is dismissed with costs, and the appeal is struck out with costs to the respondent.