Kenyan case law

Kenolkobil Limited & another v Chartis Kenya Insurance Company Limited [2015] KEHC 8383 (KLR)

✦ The Defendant is not liable for the damage caused to the Plaintiffs' property during the period between 28 December, 2007 and 31 January, 2008.

Cyrus Ireri Daniel v Republic [2015] KEHC 823 (KLR)

✦ The conviction and sentence are quashed. The appellant is set free.

John Njogu Ngugi v Republic [2015] KEHC 819 (KLR)

✦ The court orders that the sentences in Criminal Cases No. 992 of 2013 and 1002 of 2013 run concurrently, but consecutive to the sentence in Criminal Case No. 6373 of 2012.

Jackline Khaumbi v Republic [2015] KEHC 40 (KLR)

✦ The appeal is allowed, the life sentence is set aside and substituted with a two-year imprisonment term.

Republic v Doris Mwendwa [2015] KEHC 1102 (KLR)

✦ The court found that the prosecution failed to prove who inflicted the fatal wounds on the deceased and that the accused did not have malice aforethought.

Republic v Philip Muthiani Kathiwa [2015] KEHC 939 (KLR)

✦ The accused is sentenced to serve a Probation Sentence for a period of 1 year under the supervision and direction of the Probation Office, Machakos County.

Nyaluoyo Auctioneers v Patrick Afyai Lubembe T/A Pal Mercahants & another [2015] KEHC 286 (KLR)

✦ The court grants the stay of execution pending appeal

Peter Maina Kweri & Peter Wainaina Mwangi v Donald Migiro Omaiyo [2015] KEHC 902 (KLR)

✦ The appeal is dismissed. The trial court's findings on liability and the award of compensation are upheld.

Pine Tree Agencies Limited & another v Lucy Chemwetich [2015] KEHC 1290 (KLR)

✦ A conditional stay of execution of the decree is granted, with the appellants paying half of the awarded damages and depositing the balance in an interest-earning account pending the appeal.

Dixon Odhiambo Obungu v Manjit Sembi & 3 others [2015] KEHC 1371 (KLR)

✦ The application is dismissed with each party bearing their own costs.

H Young & Company (EA) Limited v South Shore International Limited [2015] KEHC 8087 (KLR)

S R S V v P H [2015] KEHC 1325 (KLR)

✦ Application dismissed

Samuel Reigo v Republic [2015] KEHC 1296 (KLR)

✦ The sentence is reduced to two years imprisonment from the date of the original sentence.

Nancy Atieno Omondi v Wycliffe Abok [2015] KEHC 1377 (KLR)

✦ The court allowed the defendant's application to set aside the judgment and file a defence, but set conditions for the defendant to deposit the principal claim in an interest-earning account and pay costs.

Muslims for Human Rights (MUHURI) & another v Inspector-General of Police & 5 others; Katiba Institute & another (Amicus Curiae) (Petition 19 of 2015) [2015] KEHC 1165 (KLR) (12 November 2015) (Judgment)

✦ The court found that the Gazette Notice No. 2326 of 7th April, 2015 was ultra vires POTA and the POTA Regulations, and that the freezing of the Petitioners' accounts was in contravention of their rights to property.

Simon Nguyo & 2 others v Atanasius Gitari Nguyo [2015] KEHC 975 (KLR)

✦ The court will give the plaintiffs an opportunity to prosecute their claim

Betty Nanjala Wamalwa & another v John Were Chibaywa W. Sumbule & another [2015] KEHC 1442 (KLR)

✦ The application fails; the applicants were aware of the cause and participated in it, but are dissatisfied with the administration of the estate.

Joseph Njenga Ngethe v Republic [2015] KEHC 768 (KLR)

✦ The purported new evidence does not amount to new and compelling evidence under Article 50(6). The conviction is upheld.

Milkah Wanjiku Muthea v Daniel Kipkirong Tarus & another [2015] KEHC 904 (KLR)

✦ The defendants are held wholly to blame for the accident and are ordered to pay damages of Kshs.6,397,280/= under the Fatal Accidents Act and Kshs.52,700/= as special damages.

Primrose Management Limited v Chairman of the Business Premises Rent Tribunal, Nairobi & another [2015] KEHC 1372 (KLR)

✦ Leave to apply for judicial review orders of certiorari and prohibition is granted

Republic v Elisha Andai [2015] KEHC 1285 (KLR)

✦ The Court found that the Prosecution proved the fact and cause of death of the deceased persons and that the deaths were caused by the direct consequence of an unlawful act or omission on the part of the accused. However, the Court found that the Prosecution did not prove that the unlawful act or omission was committed with malice aforethought.

Republic v Political Parties Tribunal & 2 others Ex Parte & 2 others [2015] KEHC 1346 (KLR)

✦ The application is competent and the Tribunal's decision is not irrational.

In re Mitts Electrical Company Limited [2015] KEHC 8391 (KLR)

✦ The Winding Up Petition is struck out as the company is not insolvent and the petitioner has been restrained from advertising the petition.

Erick Otieno Ajigo v Republic [2015] KEHC 665 (KLR)

✦ The convictions and sentences for housebreaking and stealing are upheld, but the charge of being in possession of ammunition is dismissed.

Diana Kethi Kilonzo v Republic [2015] KEHC 7995 (KLR)

✦ The application is dismissed without merit