Kenyan case law

Anne Mumbi Waiguru v Raila Amollo Odinga [2017] KEHC 1237 (KLR)

✦ The motion to strike out the plaint is dismissed.

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.

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

✦ The accused are acquitted of murder

K M (Minor suing through his mother next friend) R A N v Lydia Nthenya & another [2017] KEHC 1561 (KLR)

✦ The application is struck out as premature due to the lack of evidence linking the applicant's cheque to the previous case.

David K. Charles v Patrick Kithore Kirimania [2017] KEHC 1938 (KLR)

✦ The Appellant is the owner of motor vehicles registration numbers KBA 392H and KBJ 634Z.

Republic v Mary Wanjiku Mwangi [2017] KEHC 1830 (KLR)

✦ The accused is found guilty of murder

Kenya Wildlife Services v James Miriti M’Lintari (suing on behalf of Dorcas Kanario Miriti - Minor) [2017] KEHC 2038 (KLR)

✦ The appeal is dismissed with costs, and a portion of the award is to be deposited in a fixed deposit account for the minor when she turns 18 years old.

Muroko & another v Independent Electoral and Boundaries Commission (IEBC) & 2 others; Kidero (Interested Party) (Election Petition 23 of 2017) [2017] KEHC 2319 (KLR) (Civ) (16 November 2017) (Ruling)

✦ The application is misconceived and lacking in merit, and is accordingly dismissed with costs.

Hassan Omar Hasan & another v Independent Electoral & Boundaries Commission & others [2017] KEHC 9559 (KLR)

✦ The court grants the application for scrutiny and recount of votes in specific polling stations in the petition.

Republic v Michael Kihara Mwangi [2017] KEHC 1795 (KLR)

✦ The accused is found guilty of murder

Julius Makau Malombe v Charity Kaluki Ngilu & 2 others [2017] KEHC 2276 (KLR)

✦ The Petitioner's application to summon the OCPD is dismissed, and the costs of the application shall abide the outcome of the Petition.

Benard Situma Namukota v Republic [2017] KEHC 1511 (KLR)

✦ The conviction is quashed and the appellant is set at liberty

Julius Makau Malombe v Charity Kaluki Ngilu& 2 others [2017] KEHC 2275 (KLR)

✦ The court allowed the application to join the applicant as an interested party.

Eliud Nyongesa Wamalwa v Republic [2017] KEHC 1885 (KLR)

In re P K [2017] KEHC 1888 (KLR)

✦ A sum of Kshs. 2,000,000 shall be retained in court, and the balance of Kshs. 5,614,420 shall be released to the respondent.

Otieno Yogo & Company Advocates v UAP Provisional Insurance Company Limited [2017] KEHC 2076 (KLR)

✦ Judgment is entered for the advocate for Kshs. 147,505 and interest at 14% per annum from 17.2.17 until payment in full.

Joseph Wanjala Murere v Francis Tindi Nyongesa [2017] KEHC 1509 (KLR)

✦ The grant was irregular, and the subdivision should be canceled. The grant will be revoked, and the title will revert to its original number. Status quo will be maintained regarding the occupation of the subject property.

Leah Wangechi Gioche v Best Lady Cosmetics Shop Limited & 2 Others [2017] KEHC 1242 (KLR)

✦ The appropriate sentence should be non-custodial, and each respondent should pay a fine of Ksh.100,000 within 7 days.

Otieno Yogo & Company Advocates v UAP Provisional Insurance Company Limited [2017] KEHC 2094 (KLR)

✦ Judgment is entered for the advocate for Kshs. 51,220/-, interest on the taxed costs at 14% per annum from 17.2.17 until payment in full, and costs of the application are awarded to the advocate

Onesmus Kimathi Kibiti v Leneck Gitari Njoka [2017] KEHC 2135 (KLR)

✦ The court upholds the award of Kshs 120,000/= for future medical expenses and dismisses the appeal with costs to the respondent.

Republic v City County of Nairobi now County Government of Nairobi & another Ex Parte Kepha O. Maobe & 365 others on their Behalf and of all Residents of Kimathi Estate [2017] KEHC 2084 (KLR)

✦ The order of mandamus is valid and the respondents are in contempt for failing to comply with the court order.

Republic (through Cabinet Secretary, Ministry if Interior and Coordination of National Government) v Paul Gicheru & another [2017] KEHC 9577 (KLR)

✦ The High Court of Kenya has jurisdiction to determine the question whether a right or fundamental freedom in the Bill of Rights has been denied, violated, infringed or threatened.

Otieno Cosmas Ayora v Republic [2017] KEHC 1986 (KLR)

✦ The conviction is unsafe and the appeal is allowed. The conviction is quashed and the sentence is set aside.

Elizabeth Gacengu Makembo & 8 others v Joyce Karegi Makembo [2017] KEHC 1123 (KLR)

✦ The intestate estate shall be distributed equally among the beneficiaries, with the registered land (L.R. No. Tharaka/Nkondi ‘A’/193) measuring 0.47 Ha going to Elizabeth Gacengu Makembo and the unregistered land at Ikerebemi Kathangachini Location measuring 40 acres to be distributed equally among the beneficiaries.

Patrick Gachoka Mwangi v Director of Public Prosecutions & another [2017] KEHC 2148 (KLR)

✦ An order of prohibition is issued to prevent the Director of Public Prosecutions and the Barclays Bank from instituting criminal proceedings against the applicant.