Kenyan case law

Republic v Boniface Mutuma Gatobu & 3 others [2016] KEHC 1255 (KLR)

✦ The court allows the applications and orders the accused persons to be released on bond with specific terms

Mulu Mbuvi v John Mutia Syanda [2016] KEHC 1676 (KLR)

✦ The plaintiff is entitled to judgment for the outstanding amount of Kshs 766,000/= with interest at court rates from 22nd of March 2010 till payment in full.

Muya Mailu Kamene v The Kenya Bureau Of Standards & 2 others [2016] KEHC 546 (KLR)

✦ The ex parte applicant has not demonstrated that either the Respondent had no legal authority to issue the seizure notices for the maize and ensure that tainted maize did not get into the market.

Dennis Nyabando Kaimosi v Republic [2016] KEHC 8311 (KLR)

✦ The application is allowed, and the criminal case will be transferred to the Children Court, Milimani.

David Letira Lekai v Republic [2016] KEHC 819 (KLR)

Nzei & Company Advocates v Davis Mutiso Nthenge [2016] KEHC 353 (KLR)

✦ The Court entered judgment for the Applicant for a sum of Kshs 1,322,936/= (one million, three hundred thousand, nine hundred and thirty six shillings) as per the certificate of costs and the interest sought.

Republic v David Odoyo Okoth [2016] KEHC 658 (KLR)

✦ The charge is withdrawn and the accused is discharged.

In re M N (Baby) [2016] KEHC 433 (KLR)

✦ The court allows the application for adoption and orders that the Applicants, B M K and J K M, are hereby allowed to adopt Baby M N. The child shall henceforth be known as M M M. C N Tito shall be the legal guardian of the child. The child is hereby declared a Kenyan citizen by birth. The Registrar-General is directed to enter this adoption order and particulars of M M M in the Adoption Children’s Register.

Kapchorua Tea Factory v David Kirwa Lagat [2016] KEHC 1995 (KLR)

✦ The trial court’s finding on liability is upheld. The damages awarded to the respondent are affirmed.

Nicholas Nzioka Ndambuki v Director of Public Prosecution & another [2016] KEHC 397 (KLR)

✦ The court grants leave to commence proceedings in the nature of judicial review.

Abdi Noor Ibrahim v Republic [2016] KEHC 1937 (KLR)

✦ The appeal is allowed, and the sentence of seven years imprisonment for each limb of the offence is set aside. The appellant is set free with the term already served.

Moses Njenga & Moturi Anoks t/a Rock Mirror School v B E [2016] KEHC 1926 (KLR)

✦ The court finds that the 2nd appellant failed to prove that he deposited the money, and orders that the entire amount payable to the respondent by the 1st appellant be paid from the money held in the Housing Finance Company of Kenya fixed deposit account.

Benjamin Furaha Dickson v Republic [2016] KEHC 2168 (KLR)

✦ The conviction is safe and the sentence is upheld.

Joseph Garang Korir v Republic [2016] KEHC 2011 (KLR)

✦ Appellant's application for bail pending appeal is dismissed.

Peter Mwai Mutugi v Monica Wambui Mutugi & another [2016] KEHC 8290 (KLR)

✦ The grant of letters of administration was revoked and annulled.

David Mututo Mumo v South Eastern Kenya University (formerly known as South Eastern University College [2016] KEHC 825 (KLR)

✦ The application is allowed, the interlocutory judgment is set aside, and the matter is referred to arbitration.

Republic v Kelvin Koitalel Lepesh [2016] KEHC 1230 (KLR)

✦ A prima facie case has been established against the accused.

Abimbola Justus Oyeleye alias Justus Abimbola Ogola v Republic [2016] KEHC 8366 (KLR)

✦ The sentences are set aside and the applicant is set free to be repatriated to Nigeria upon serving a sufficient sentence

Brenda Ngii Muiu v Peter Mwangi Kimani & 2 Others [2016] KEHC 964 (KLR)

✦ The court certified the application as urgent and ordered it to be heard ex-parte. The court also ordered the court to hear the suit in its original unlimited civil jurisdiction. The court appointed the Quantity Surveyors as arbitrators.

Republic v City Council of Nairobi Ex Parte Teejay Estates Ltd [2016] KEHC 2167 (KLR)

✦ The enforcement notice was a decision and the applicant had not exhausted the remedies available to them.

Margaret Wanjiru Ndungu v Serah Nyambura Magondu [2016] KEHC 1690 (KLR)

✦ The court held that the Petitioner is the widow of the deceased and the Objector is still married to Mr. Ndungu.

Luke Wagana & 4 others v John Ciira & another [2016] KEHC 923 (KLR)

✦ The defendant's application is dismissed with no order as to costs.

In re Estate of Rashid Muktar Shide (Deceased) [2016] KEHC 1716 (KLR)

✦ The application for confirmation of grant is allowed. Distribution of assets will be as determined by the Kadhi's court. The letters of administration herein issued to the Public Trustee are hereby confirmed.

Nkaitole Moror & 10 others v Chairman, Kajiado County Land Board & 3 others [2016] KEHC 1792 (KLR)

✦ The application is dismissed as the motion lacks legs and the applicants do not have standing to bring the judicial review action.

Republic v John Maina Muthoni [2016] KEHC 998 (KLR)

✦ The court found sufficient and credible evidence to require the accused to be put on trial.