Kenyan case law

Kukai v Bom Kapngetir Primary School (Miscellaneous Civil Application E015 of 2023) [2023] KEHC 26433 (KLR) (8 December 2023) (Ruling)

✦ The Application succeeds, and the Appellant is given leave to le the intended Appeal within fourteen (14) days from the date hereof

Ngigi v Achoka & another (Suing as administrators of the Estate of Pamela Jane Akinyi Achoka (Deceased)) (Civil Appeal 35 of 2020) [2023] KEHC 26523 (KLR) (Civ) (8 December 2023) (Ruling)

✦ The court directs the Deputy Registrar to forward the ruling and the court file to the Directorate of Criminal Investigations to investigate the case.

Otundo v Republic (Criminal Appeal 70 of 2023) [2023] KEHC 26515 (KLR) (8 December 2023) (Judgment)

✦ The court finds that the appellant did report the loss of his firearm promptly and that his actions were not in violation of section 92(2) of the National Police Service Act.

Maina v Khagram & 2 others (Civil Case 247 of 2019) [2023] KEHC 26304 (KLR) (Civ) (8 December 2023) (Ruling)

✦ The court allows the plaintiff's application and orders that the security for costs for the 1st defendant of Kshs. 1,500,000.00 provided and deposited on 22.06.2023 in a joint interest earning account is deemed as duly furnished in satisfaction of the order dated 12.04.2023 and that the suit be reinstated.

Mwihaki (Suing as the personal representative of the Estate of Brian Ngure Ndung’u (Deceased) v Lengete (Civil Appeal E071 of 2022) [2023] KEHC 26603 (KLR) (8 December 2023) (Judgment)

✦ The court upholds the trial court's apportionment of liability at 50:50 and the award of damages.

Gasi v Republic (Criminal Appeal E049 of 2021) [2023] KEHC 26386 (KLR) (8 December 2023) (Judgment)

✦ The appellant's conviction for rape is upheld, and the sentence of 10 years imprisonment is reduced to 5 years imprisonment.

Gitahi v Republic (Miscellaneous Criminal Application E028 of 2022) [2023] KEHC 26339 (KLR) (8 December 2023) (Ruling)

✦ The application for resentencing is dismissed. The issues should have been raised on appeal, and the resentencing hearing should be limited to the window provided by the Supreme Court.

Lomala v Republic (Court Martial Appeal E001 of 2020) [2023] KEHC 26383 (KLR) (Crim) (8 December 2023) (Judgment)

✦ The court upheld the conviction and sentence for stealing ammunition but quashed the sentence for being absent without official leave.

Otieno trading as OM Otieno & Co Advocates v African Merchant Assurance Company Ltd (Miscellaneous Civil Application 105 of 2021) [2023] KEHC 26609 (KLR) (8 December 2023) (Ruling)

✦ The Application is allowed, and Judgment is entered for the Applicant against the Respondent in the sum of Ksh. 115,260.00 with interest and the case is closed.

Ouma Maurice Otieno Trading as O.M. Otieno & Co. Advocates v African Merchant Assurance Company Ltd (Miscellaneous Civil Application 56 of 2021) [2023] KEHC 26360 (KLR) (8 December 2023) (Ruling)

✦ The Application is allowed, and judgment is entered for the Applicant in the sum of Kshs 187,955.00.

Mogire Nyamwaya t/a Mogire Nyamwaya & Co. Advocates v Mwaniki (Miscellaneous Application E024 of 2021) [2023] KEHC 26279 (KLR) (8 December 2023) (Ruling)

✦ Execution cannot be undertaken before the Certificate of taxed costs is adopted and entered as a Judgment of the Court.

Haria v Credit Bank Limited (Miscellaneous Civil Application E104 of 2023) [2023] KEHC 26619 (KLR) (8 December 2023) (Ruling)

✦ The application for extension of time is dismissed with no order as to costs.

Otieno trading as OM Otieno & Co Advocates v African Merchant Assurance Company (Miscellaneous Civil Application 75 of 2021) [2023] KEHC 26616 (KLR) (8 December 2023) (Ruling)

✦ The application is allowed, and judgment is entered for the applicant against the respondent in the sum of Ksh. 211,620.00 with interest and the file is closed.

Khimji Trading as Madhusudan Construction v Chahilu (Civil Appeal 305 of 2017) [2023] KEHC 26721 (KLR) (Civ) (8 December 2023) (Judgment)

✦ The court held that the High Court does not have jurisdiction to hear an appeal relating to work injury claims and that the Employment and Labour Relations Court has jurisdiction to handle such appeals.

Gichigi v Gichigi (Succession Cause 2123 of 2007) [2023] KEHC 27188 (KLR) (Family) (8 December 2023) (Ruling)

✦ The application for review is dismissed, and the estate's grant is revoked.

Musyoki v Republic (Criminal Appeal E005 of 2022) [2023] KEHC 26385 (KLR) (8 December 2023) (Judgment)

Muraya v Housing Finance Co Ltd (Civil Suit 416 of 2006) [2023] KEHC 26559 (KLR) (Commercial and Tax) (8 December 2023) (Ruling)

✦ The application for injunctive relief is dismissed with costs.

Otieno trading as OM Otieno & Co Advocates v African Merchant Assurance (Miscellaneous Civil Application 91 of 2021) [2023] KEHC 26607 (KLR) (8 December 2023) (Ruling)

✦ The application is allowed, and judgment is entered for the applicant in the sum of KES 177,900.00 with interest from June 17, 2023, and the file is closed.

NCBA Bank Group PLC v Mose & another (Civil Appeal 158 of 2021) [2023] KEHC 26377 (KLR) (8 December 2023) (Judgment)

✦ The court held that the interim orders were not lawfully issued and that the court's orders on the application were not binding.

Ouma Maurice Otieno Trading as O.M. Otieno & Co. Advocates v African Merchant Assurance Company Ltd (Miscellaneous Civil Application 101 of 2021) [2023] KEHC 26356 (KLR) (8 December 2023) (Ruling)

✦ The Application is allowed, and judgment is entered for the Applicant in the sum of Ksh. 86,608.00 with interest and the case is closed.

Ouma Maurice Otieno Trading as O.M. Otieno & Co. Advocates v African Merchant Assurance Company Ltd (Miscellaneous Civil Application 93 of 2021) [2023] KEHC 26357 (KLR) (8 December 2023) (Ruling)

✦ The Application is allowed, and Judgment is entered for the Applicant in the sum of Ksh 203,359.00 with interest and the file is closed.

Njoroge v Republic (Miscellaneous Criminal Application E018 of 2023) [2023] KEHC 26541 (KLR) (8 December 2023) (Ruling)

✦ The court grants the applicant's request to be released on reasonable bail terms pending investigations

GNM v Republic (Criminal Appeal E033 of 2021) [2023] KEHC 26949 (KLR) (8 December 2023) (Judgment)

✦ The conviction is upheld, but the sentence is reduced from 10 years to 5 years imprisonment.

Kirui v Clerk, County Assembly of Uasin Gishu & 2 others; Independent Electoral and Boundaries Commission (Interested Party); United Democratic Alliance (UDA) & 13 others (Proposed Interested Parties) (Constitutional Petition E016 of 2023) [2023] KEHC 26276 (KLR) (8 December 2023) (Ruling)

✦ The Application partially succeeds. The Petitioner is allowed to amend the Petition and join the County Assembly of Uasin Gishu as the 3rd Respondent, but the prayer to join the proposed 3rd to 15th interested parties is declined.

Oduodi & another v Busia County Education Board & another; Director of Education for Busia County & another (Interested Parties) (Civil Appeal E421 of 2021) [2023] KEHC 26325 (KLR) (Civ) (8 December 2023) (Judgment)

✦ The appeal lacks merit and is dismissed.