Kenyan case law

Alfred Washika Lukandu & another v Cynthia Nyanduko Mauncho [2018] KEHC 1516 (KLR)

✦ The appeal is allowed substantially. The consent on liability is upheld. The trial court's awards are interfered with. Judgment for the appellants in the sum of Kshs. 100,000 for pain and suffering, Kshs. 150,000 for loss of expectation of life, Kshs. 2,208,000 for loss of dependency, and Kshs. 15,500 for special damages is granted. The appellants shall have costs of the suit at the lower court. Interest on the amount of damages shall be charged from the date of delivery of the judgment at the lower court. Each party shall bear their own costs on the appeal.

Republic v Permanent Secretary, Ministry of State for Provincial Administration & Internal Security; Attorney General (Interested Party) Exparte Eustace Wamuria Mahinda [2018] KEHC 1849 (KLR)

✦ The Applicant's Notice of Motion is brought in abuse of the court process and is struck out with no order as to costs.

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

David Abdalla Tiego & 2 others v Susan Sabula [2018] KEHC 1624 (KLR)

✦ The court sets aside the trial court's award of Kshs. 250,000.00 and replaces it with an award of Kshs. 100,000.00 for general damages.

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.

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.

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

✦ Stay of execution granted

Petronilla Savahi & 2 others v Deputy Commissioner (Kakamega South) & 2 others [2018] KEHC 974 (KLR)

✦ The petition has been substantially handled by Njagi J, and the matter shall be placed before Njagi J for further directions. The order of July 3, 2018, is hereby reviewed.

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.

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.

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

✦ The application is adjourned for further directions.

In re Estate of Esther Tam Binayo (Deceased) eKLR [2018] KEHC 840 (KLR)

✦ The application is allowed, pending objections are to be exhausted before the estate is distributed, and the matter is to be mentioned for directions on the disposal of the revocation of grant summons.

Ann Njeri Njoroge & another v New Kenya Creameries Cooperative Limited [2018] KEHC 1618 (KLR)

✦ The appeal is dismissed. The respondent is found to be 100% liable for the accident.

Republic v Joseph Kipngeno & 2 others [2018] KEHC 321 (KLR)

✦ The conviction and sentence are quashed due to lack of jurisdiction and irregularity of the community service sentence.

Republic v Felista Komeiyani Kuyo [2018] KEHC 452 (KLR)

✦ The conviction and sentence are quashed due to lack of jurisdiction and irregularity.

Republic v Christine Akiro & 6 others [2018] KEHC 355 (KLR)

✦ The conviction and sentence are quashed due to lack of jurisdiction and irregularity of the community service sentence.

Republic v Sarah Kiringet & another [2018] KEHC 479 (KLR)

✦ The conviction and sentence are quashed due to lack of jurisdiction and irregularity.

Albino Mathom Aboug v Attorney General & 2 others [2018] KEHC 9807 (KLR)

✦ The court held that the High Court does not have jurisdiction to grant the order of stay and that the order amounted to supervising another Superior Court decision.

Pamellah Charm Amadi v Baraza Limited t/a Kenya Television Network & 2 others [2018] KEHC 9859 (KLR)

✦ The suit is reinstated on condition that the Applicant sets it down for hearing within 3 months, otherwise it will be dismissed.

In re NO (Child) [2018] KEHC 831 (KLR)

✦ The court authorizes SKK and BC to adopt the child, renaming him EK and declaring him a citizen of Kenya.

Republic v Dennis Kipkorir Langat [2018] KEHC 469 (KLR)

✦ The conviction and sentence are quashed due to lack of jurisdiction and irregularity.

In re GNK (Baby) [2018] KEHC 1808 (KLR)

✦ The applicants are qualified to adopt GNK and it is in the best interest of the child that the adoption be allowed.

Republic v John Leonard Munyua Ngugi & 2 others; Ndirangu Karanja (Complainant) [2018] KEHC 1125 (KLR)

✦ The court finds that the prosecution's handling of the matter was erratic and that the trial court correctly declined the application for withdrawal under Section 87(a) of the Criminal Procedure Code.

Republic v Paul Meroe & 5 others [2018] KEHC 174 (KLR)

✦ The conviction and sentence are quashed due to lack of jurisdiction and irregularity.

Leisure Lodges Limited v Telkom (K) Limited [2018] KEHC 393 (KLR)

✦ The application is dismissed