Kenyan case law
-
Ouma Maurice Otieno Trading as O.M. Otieno & Co. Advocates v African Merchant Assurance Company Ltd (Miscellaneous Civil Application 73 of 2021) [2023] KEHC 26355 (KLR) (8 December 2023) (Ruling)
✦ The Application is allowed, and Judgment is entered for the Applicant in the sum of Ksh 197,145.00 with interest and the case is closed.
-
Saningu v Republic (Criminal Appeal 8 of 2020) [2023] KEHC 26389 (KLR) (8 December 2023) (Judgment)
✦ The appellant was properly convicted of attempted delement and the sentence of 10 years imprisonment is set aside and substituted with a sentence of 5 years imprisonment.
-
MNN v GMN; EWN (Being an administrator of the Deceased) SNN (Interested Party) (Civil Suit 52 of 2014) [2023] KEHC 27173 (KLR) (Family) (8 December 2023) (Ruling)
✦ The Court is functus ocio, but the Respondent should bear the costs of the Application.
-
Pacific Construction Limited v Ceivienters Limited (Civil Suit 634 of 2010) [2023] KEHC 26560 (KLR) (Commercial and Tax) (8 December 2023) (Ruling)
✦ The application to amend the statement of defense is merited.
-
Republic v Kipeen (Criminal Appeal E009 of 2020) [2023] KEHC 26382 (KLR) (8 December 2023) (Judgment)
✦ The court set aside the judgment of the trial court and acquitted the respondent.
-
Njoki v Republic (Criminal Appeal E063 of 2022) [2023] KEHC 26316 (KLR) (Crim) (8 December 2023) (Judgment)
✦ The conviction is upheld, and the sentence is reduced from 20 years to 10 years.
-
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.
-
Republic v Nyabuti & another (Criminal Case E036 of 2023) [2023] KEHC 26319 (KLR) (Crim) (8 December 2023) (Ruling)
✦ The court denied the application for bail due to the likelihood of interference with witnesses, the public order, peace, and security, and the accused being a flight risk.
-
Metropolitan National Sacco Society Limited v Rotich (Civil Appeal 229 of 2021) [2023] KEHC 26324 (KLR) (Civ) (8 December 2023) (Judgment)
✦ The appeal is dismissed with costs to the Respondent.
-
Haroon & another v Hassan (Succession Cause E501 of 2022) [2023] KEHC 27186 (KLR) (Family) (8 December 2023) (Ruling)
✦ The court grants the stay of proceedings and sets out the terms for the application.
-
Kinyanjui v NCBA Limited & another (Civil Appeal E094 of 2022) [2023] KEHC 26588 (KLR) (8 December 2023) (Judgment)
✦ The appeal is partially successful, with the ruling set aside and substituted with an order allowing the Notice of Motion only in terms of prayer no. 3. The appellant is ordered to pay the costs of the appeal and costs of the Notice of Motion shall abide the outcome of the suit.
-
Muigai v Republic (Criminal Appeal E004 of 2022) [2023] KEHC 26314 (KLR) (8 December 2023) (Judgment)
✦ The appellant's conviction is upheld, but the sentence of life imprisonment is set aside and substituted with a sentence of twenty (20) years imprisonment.
-
Munyiri v Attorney General & another (Judicial Review E0161 of 2023) [2023] KEHC 26880 (KLR) (Judicial Review) (8 December 2023) (Ruling)
✦ The court allows the application and grants leave to institute Judicial Review proceedings.
-
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.
-
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
-
CKN v DMO (Civil Appeal 21B of 2022) [2023] KEHC 26379 (KLR) (8 December 2023) (Judgment)
✦ The court dismissed the prayer for full custody of the minor and ordered access to be proper in law.
-
Otieno trading as O.M. Otieno & Co Advocates v African Merchant Assurance Company Ltd (Miscellaneous Civil Application 61 of 2021) [2023] KEHC 26611 (KLR) (8 December 2023) (Ruling)
✦ The Application is allowed, and Judgment is entered for the Applicant in the sum of Ksh.143,045.00 with interest and the case is closed.
-
ALS v Republic (Criminal Appeal E046 of 2021) [2023] KEHC 26519 (KLR) (8 December 2023) (Judgment)
✦ The decision of the trial court is upheld and the appeal dismissed for lack of merit.
-
Hashim v Republic (Criminal Appeal E050 of 2021) [2023] KEHC 26652 (KLR) (8 December 2023) (Judgment)
✦ The conviction for obtaining registration by false pretence is sustained. The sentence is upheld as legal and not harsh and excessive.
-
Wasike v Republic (Criminal Appeal 78 of 2023) [2023] KEHC 26521 (KLR) (8 December 2023) (Judgment)
✦ The appeal is partially successful, with the sentence reduced to 1 year on each count, to run concurrently.
-
Equity Bank Kenya Ltd v Hassan & 3 others (Civil Case E302 of 2022) [2023] KEHC 26558 (KLR) (Commercial and Tax) (8 December 2023) (Ruling)
✦ The court finds that the service of summons was regular and well effected on both defendants.
-
Otieno t/a OM Otieno & Co Advocates v African Merchant Assurance Company Ltd (Miscellaneous Civil Application 96 of 2021) [2023] KEHC 26618 (KLR) (8 December 2023) (Ruling)
✦ The Application is allowed, and Judgment is entered for the Applicant in the sum of Ksh. 385,304.00 with interest and the case is closed.
-
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.
-
Lumbi v Musyoki & another (Commercial Suit 545 of 2013) [2023] KEHC 26367 (KLR) (Commercial and Tax) (8 December 2023) (Judgment)
✦ The court finds that the suit is not res judicata, is not time barred, and there exists a valid contract between the plaintiff and the deceased. The court enters judgment for the plaintiff for the sum of Kshs. 7,353,000/= together with interest and costs.
-
Ouma Maurice Otieno Trading as O.M. Otieno & Co. Advocates v African Merchant Assurance Company Ltd (Miscellaneous Civil Application 88 of 2021) [2023] KEHC 26350 (KLR) (8 December 2023) (Ruling)
✦ The Application is allowed, and Judgment is entered for the Applicant in the sum of Ksh. 153,125.00 with interest and the case is closed.