Kenyan case law
-
Miguna v Standard Group Ltd & 12 others (Civil Suit 124 of 2017) [2023] KEHC 26448 (KLR) (Civ) (8 December 2023) (Ruling)
✦ The motion to set aside the dismissal for want of prosecution is allowed, and the suit is reinstated. The applicant must prosecute the suit to conclusion by May 31, 2024, or the suit will be dismissed for want of prosecution.
-
In re Estate of Akram Amrani Mohamed (Deceased) (Succession Cause E113 of 2021) [2023] KEHC 27438 (KLR) (8 December 2023) (Ruling)
✦ The preliminary objection is dismissed.
-
Olellei v Respondent (Criminal Appeal E010 of 2023) [2023] KEHC 26518 (KLR) (8 December 2023) (Judgment)
✦ The court finds that the evidence of penetration was sufficient and that the appellant did not consent to the sexual acts. The sentence of 10 years imprisonment is reduced to 3 years.
-
Kamau v Republic (Criminal Appeal E004 of 2023) [2023] KEHC 26516 (KLR) (8 December 2023) (Judgment)
✦ The conviction and sentence are set aside. The sentence is reduced to 20 years imprisonment.
-
In re Baby MH (A Child) (Adoption Cause E016 of 2023) [2023] KEHC 27355 (KLR) (8 December 2023) (Judgment)
✦ The application for adoption is allowed, and Baby MH is adopted as M.A.M.
-
Ngigi v Achoka & another (Suing as administrators of the Estate of Pamela Jane Akinyi Achoka (Deceased)) (Civil Appeal 35 of 2020) [2023] KEHC 26523 (KLR) (Civ) (8 December 2023) (Ruling)
✦ The court directs the Deputy Registrar to forward the ruling and the court file to the Directorate of Criminal Investigations to investigate the case.
-
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.
-
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
-
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.
-
Wanyonyi v Republic (Miscellaneous Application E035 of 2021) [2023] KEHC 26388 (KLR) (8 December 2023) (Ruling)
✦ The court does not have jurisdiction to review the decision of a court of concurrent jurisdiction.
-
Otieno trading as OM Otieno & Co Advocates v African Merchant Assurance Company Ltd (Miscellaneous Civil Application 77 of 2021) [2023] KEHC 26605 (KLR) (8 December 2023) (Ruling)
✦ The Application is allowed, and Judgment is entered for the Applicant in the sum of Ksh. 143,755.00.
-
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.
-
Nyambane v Republic (Criminal Appeal E019 of 2023) [2023] KEHC 26517 (KLR) (8 December 2023) (Order)
✦ The appeal is dismissed
-
Wagumba v Republic (Criminal Appeal 17 of 2023) [2023] KEHC 26514 (KLR) (8 December 2023) (Judgment)
✦ The appeal against conviction and sentence is dismissed for lack of merit
-
Ayoro v Amboga (Commercial Appeal E026 of 2021) [2023] KEHC 26557 (KLR) (Commercial and Tax) (8 December 2023) (Judgment)
✦ The respondent was not in breach of the lease agreement as the appellant was aware of the modifications and did not deny the fact. The respondent was entitled to possession and quiet possession.
-
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.
-
Ouma Maurice Otieno Trading as O.M. Otieno & Co. Advocates v African Merchant Assurance Company Ltd (Miscellaneous Civil Application 59 of 2021) [2023] KEHC 26354 (KLR) (8 December 2023) (Ruling)
✦ The Application is allowed, and Judgment is entered for the Applicant against the Respondent in the sum of Ksh.146,650.00 with interest and the file is closed.
-
Otieno trading as OM Otieno & Co Advocates v African Merchant Assurance Company Ltd (Miscellaneous Civil Application 74 of 2021) [2023] KEHC 26604 (KLR) (8 December 2023) (Ruling)
✦ The application is allowed, and judgment is entered for the applicant against the respondent in the sum of Ksh. 198,125.00 with interest and the case is closed.
-
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.
-
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.
-
Republic v Cabinet Secretary, Ministry of Agriculture & Livestock Development; Ndungu (Exparte Applicant) (Judicial Review 111 of 2023) [2023] KEHC 26613 (KLR) (Judicial Review) (8 December 2023) (Ruling)
✦ The preliminary objections are dismissed. The substantive application for judicial review is upheld.
-
Kirimi v Republic (Criminal Appeal 35 of 2019) [2023] KEHC 26624 (KLR) (8 December 2023) (Judgment)
✦ The court dismissed the appeal, finding that the prosecution proved their case and that the trial court did not err in failing to inform the appellant of his right to legal representation or in failing to conduct an identification parade. The age of the complainant was established through other means.
-
Nyabaru v Republic (Criminal Appeal E006 of 2022) [2023] KEHC 26288 (KLR) (8 December 2023) (Judgment)
✦ The appeal is dismissed as the appellant was not prejudiced by the alleged duplicity in the charges and the defect is curable under section 382 of the Criminal Procedure Code
-
Republic v Principal Secretary, Ministry of Information & Coordination of national Government & another; Kimani (Ex parte Applicant) (Judicial Review E005 of 2022) [2023] KEHC 27419 (KLR) (7 December 2023) (Judgment)
✦ The application is unopposed, and the Ex-parte Applicant is granted orders of mandamus against the 1st Respondent.
-
In re Estate of Ezekiel Kiplelei Barngetuny (Deceased) (Probate & Administration 22 of 2021) [2023] KEHC 26268 (KLR) (7 December 2023) (Ruling)
✦ The court ordered an alternative method to resolve the dispute amicably and expeditiously.