Kenyan case law

Philip Mwago v Lilian Njeri Thuo [2019] KEHC 1381 (KLR)

✦ The appellant was found 100% liable and the award of Kshs. 500,000/= in general damages was upheld.

Republic v Calvin Waweru [2019] KEHC 1639 (KLR)

✦ The accused has a case to answer and will be put on his defence

Paul Kipkemei Korei v Paul Muriuki Nderitu [2019] KEHC 452 (KLR)

✦ The appeal is dismissed with no orders as to costs, as the respondent did not file submissions.

In re Estate of Zakayo Murage Ngare (Deceased) [2019] KEHC 1070 (KLR)

✦ The protest has merits and the petitioner is not entitled to 0.5 acres from the estate of the deceased. The estate of the deceased shall be distributed as proposed by the protestor.

Bank of India v Raman Enterprises Limited & 2 others [2019] KEHC 12431 (KLR)

✦ Judgment for the plaintiff for Kshs. 58,729,451.65 with interest at 13% per annum from 1st December 2012

Michael Mutisya Mweu v Republic [2019] KEHC 12039 (KLR)

✦ The court held that the appellant's actions did constitute rape of a person with mental disability, as the complainant was unable to give consent due to her mental disability.

Kihingo Village (Waridi Gardens) Management One Limited v William Edward Pike & 7 others [2019] KEHC 12409 (KLR)

✦ The interim orders made by Muigai J. should remain in force, and the plaintiff's Notice of Motion dated 26th July 2019 is allowed to the extent that a temporary injunction is issued.

Agabitus Milimo Ingavi & another v Republic [2019] KEHC 12188 (KLR)

✦ The appeals are dismissed. The convictions and sentences are upheld.

In re Estate of Luchibia Wangatia Alias Luchivia Wangatia (Deceased) [2019] KEHC 1820 (KLR)

✦ The application for confirmation of the grant is incompetent as it is not supported by a proper affidavit. The administrator is directed to file another confirmation application listing all surviving children of the deceased, both male and female, and their descendants.

Anne Nyachomba Gitau & another v Paul Muigai Murigi [2019] KEHC 833 (KLR)

✦ The appellants were held liable for the accident, and the respondent was awarded Kshs.1,973,909/= in total.

Athman Omar v Republic [2019] KEHC 1593 (KLR)

✦ The 20 year sentence is set aside and substituted with a 10 year sentence.

Eliud Ndiwa Sichei v Republic [2019] KEHC 1830 (KLR)

Monicah Wambui Wanjiru v Republic [2019] KEHC 1658 (KLR)

✦ The sentence of imprisonment is set aside and a fine of Kshs 50,000/- or six months imprisonment is substituted

Dock Workers Union v Kenya Ports Authority [2019] KEHC 1171 (KLR)

✦ Application dismissed without granting review

Proline Supaquick Limited v Kenya Oil Company Limited [2019] KEHC 1983 (KLR)

✦ The Plaintiff is not entitled to be refunded by the Defendant Ksh 2,098,777.25.

Rabut Nicholas Neal v University Council, University of Eldoret & 2 others [2019] KEHC 636 (KLR)

✦ The court granted leave to file for judicial review orders

Pinnacle Tours and Travel Limited & 3 others v Pauline Ngigi t/a Safari Market Tours [2019] KEHC 569 (KLR)

✦ The respondent failed to prove her case as her claim was unsubstantiated and the alleged services were not provided.

In re Estate of Edward Epeni Oracho (Deceased) [2019] KEHC 1553 (KLR)

✦ The grant is revoked, and John Emonyi Edward Ateko is appointed as administrator to act alongside the surviving administratrix, Zaida Andaye Eben.

Albert Kariuki Mundia v John Kiboi Wambugu [2019] KEHC 1706 (KLR)

✦ The proceedings in the magistrates' court together with the purported decision amounted to nothing more than a nullity. The respondent's suit in the magistrates' court is struck out.

Mukoma Mwenze Benjamin t/a Ben La Concorde v Scardale Investments Limited & another [2019] KEHC 1909 (KLR)

✦ The Plaintiff's claim for USD 133,567 is proved and judgment is entered for that amount. The Plaintiff is entitled to costs of the suit.

John Juma & 2 others v Patrick Lihanda & another; Zedekiah Orera & 4 others (Interested Parties) [2019] KEHC 1273 (KLR)

✦ The court declines to allow the petitioners to withdraw the suit, but allows them the liberty to do so, and orders the 1st respondent to apply to have his name removed as respondent.

Ima Hauliers Limited v Mary Mwinjisi Amwaya & Blue Shuttle Co. Ltd (Civil Appeal 73 of 2017) [2019] KEHC 276 (KLR) (29 November 2019) (Judgment)

✦ The appeal is dismissed with costs, as the award of damages is not unreasonable given the passage of time and inflation.

In re Estate of David Nyikuri Olwika (Deceased) [2019] KEHC 1866 (KLR)

✦ Application dismissed due to respondent's absence and lack of proper service

DHL Global Forwarding (K) Limited v Audiovisual Engineering Limited [2019] KEHC 1894 (KLR)

✦ The appeal is partially successful. The Appellant is found wholly liable for the loss of the Respondent's goods. The award of USD 12,929/40 is set aside and substituted with an award of Euros.1210/40.

Republic v Joakim Odwor Okal [2019] KEHC 554 (KLR)

✦ The court finds that the prosecution has established a prima facie case against the accused and that the accused has a case to answer.