Kenyan case law
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Menengai Oil Refineries v Peter Omboko Mirikwa (suing as the Administrator and Personal Representative of the Estate of Richard Mirikau Andanje– Now Deceased) & another [2019] KEHC 1155 (KLR)
✦ The court sets aside the primary court's judgment and awards 50% liability to the appellant, Kshs. 530,050.00 in total.
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John Mweresa Kivuli Il & 3 others v Registrar of Societies & 4 others; Wilson Peterson Mbandu (Interested Party) [2019] KEHC 1761 (KLR)
✦ The application is dismissed as there is no merit in it and the applicants listed only five respondents to the application.
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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
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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.
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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.
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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
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Republic v Rasto Wanyama Masinde & 4 others [2019] KEHC 1045 (KLR)
✦ Accused 2 is found guilty of all four counts of murder and is sentenced to life imprisonment. Accused 4 and 5 are acquitted.
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Richard Otieno Oloo v Anastacia Anditi Oloo & Another [2019] KEHC 1777 (KLR)
✦ An Executive Officer has no powers to assess a bill of costs in a suit. Assessment of costs is a judicial function and can only be discharged by one who is so mandated.
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Mobimex Tours & Safaris (K) Ltd v Shaymic Mulaa Kalitu [2019] KEHC 1685 (KLR)
✦ The appeal is dismissed with costs to the respondent.
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Richard Otieno Oloo v Anastacia Anditi Oloo & another [2019] KEHC 1755 (KLR)
✦ An Executive Officer has no powers to assess a bill of costs in a suit. Assessment of costs is a judicial function and can only be discharged by a duly constituted court.
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AEE Power SA v Kenya Power & Lighting Company Ltd [2019] KEHC 12438 (KLR)
✦ The application is dismissed with costs, as the defendant has assured the court that it has no intention of calling up the bank guarantees.
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Onesmus Kinyua Michudu v Mishi Kambi & another [2019] KEHC 1923 (KLR)
✦ The appeal is dismissed for lack of merit
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In re SM (Baby) [2019] KEHC 1652 (KLR)
✦ The court finds the applicants suitable and fit persons to adopt the child and grants the adoption order.
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In re DM (Baby) [2019] KEHC 12148 (KLR)
✦ The court finds that it is in the best interest of the child to be adopted by the applicants and allows the adoption.
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Chaxton Geoffrey Kamami Maina v KCB Kenya Limited & 3 others [2019] KEHC 12405 (KLR)
✦ The 2nd defendant is struck out of the suit and ordered to pay the plaintiff's costs.
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Pentagon Communication Limited v Borosil Glass Works Limited [2019] KEHC 1926 (KLR)
✦ The appeal is dismissed for want of prosecution.
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Faram E.A Limited v Attorney General & another [2019] KEHC 2028 (KLR)
✦ The defendants' defence is struck out as it does not define the question in controversy, does not give fair notice of the precise case to be met, and does not assist the court in investigating the truth of the allegations.
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Afrasia Bank Limited v SBM Bank (Kenya) Limited [2019] KEHC 1754 (KLR)
✦ The court held that the Transfer of Business Act applies to the acquisition of Chase Bank's assets and liabilities by SBM Bank (Kenya) Limited.
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Joseph Kingeno Kirui & another v Faulu Microfinance Bank Ltd & another [2019] KEHC 12406 (KLR)
✦ The court will not allow the appellants to produce additional documentary evidence in this appeal.
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Joseph Makau Muasya v Republic [2019] KEHC 676 (KLR)
✦ The court found that the complainant's age was not proved to the required standard, the charge sheet was defective, and the offence was not proved beyond reasonable doubt.
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Republic v National Transportand Safety Authority & another [2019] KEHC 727 (KLR)
✦ The decision to interdict the applicant was quashed, and costs are awarded to the applicant.
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Peter Kungu Wanyoike v Michael Wang’ombe [2019] KEHC 1452 (KLR)
✦ The appeal is incompetent and the motion to stay proceedings is dismissed
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Julius Muisyo Mwania v Isaac Loki Ndunda & another [2019] KEHC 1650 (KLR)
✦ The appeal is allowed, the decision of the learned trial magistrate is set aside with costs, and the status quo regarding the estate of the deceased is maintained for 30 days.
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MI v MB [2019] KEHC 1763 (KLR)
✦ Application dismissed with costs
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ENW v TBN [2019] KEHC 1082 (KLR)
✦ The court upheld the judgment of the trial court, finding that the learned magistrate did not re-open the plaintiff's case and that the award of custody was in the best interest of the child.