Kenyan case law

Lucy Kagwiria Rutere v Standard Limited & 4 others [2015] KEHC 865 (KLR)

✦ The defendants are ordered to apologise, retract, and publish the retraction of the defamatory part of the reports within 30 days. The plaintiff is awarded a minimum of Kshs.400,000 in general damages for defamation.

Richard Mwema Mbondo v Republic [2015] KEHC 7984 (KLR)

✦ The sentences are set aside and substituted with a fine of Kshs.100,000/= in respect of each of the counts for which he was convicted. In default, he shall serve twelve months imprisonment in each of the counts.

Joseph Onyango Ochieng v Republic [2015] KEHC 962 (KLR)

✦ The accused is denied bail pending trial.

John Litunda Ngaira v Republic (Criminal Appeal 34 of 2009) [2015] KEHC 1198 (KLR) (11 November 2015) (Judgment)

✦ The appeal is dismissed. The conviction and sentence are upheld.

M/S Flavemart Enterprises Limited v Kenya Railways Corporation (Land Case 48 of 2013) [2015] KEHC 1318 (KLR) (11 November 2015) (Ruling)

✦ The court found that the application is brought under Order 10 Rule 11 and Order 40 Rule 1 and 2 of Civil Procedure Rules and set aside the interlocutory judgment and the Ex parte order of injunction.

Republic v Simon Panyako Emudo [2015] KEHC 1145 (KLR)

✦ The court finds the accused guilty of murder and convicts him.

Republic v Joseph Mburu Njoroge [2015] KEHC 1110 (KLR)

✦ The court finds a prima facie case against the accused and places him on his defence.

Aphaxard Njue Mucheke v Tyres Mbae Kiraithe [2015] KEHC 1168 (KLR)

✦ The Appeals Committee's decision upholding the District Land Disputes Tribunal's award to the Respondent was upheld. The District Land Disputes Tribunal had jurisdiction to award the Respondent 2 acres of land.

Elvis Muriuki Njagi v Prosecution [2015] KEHC 761 (KLR)

✦ The conviction and sentence are hereby upheld. The appellant was sentenced to six years imprisonment.

Republic v David Mutai Kibet [2015] KEHC 506 (KLR)

✦ The court finds the prosecution failed to prove the cause of death and thus the charge of murder is not proven beyond reasonable doubt.

Justus Thiora Kiugu & 4 others v Joyce Nkatha Kiugu [2015] KEHC 1186 (KLR)

✦ The application is allowed to add Steve Mureti Kiugu as a second defendant and to award costs to the applicants.

Julius G Macharia v Daniel Mwai Rugano [2015] KEHC 396 (KLR)

✦ The court grants the defendant's prayers for leave to appeal out of time and for stay of execution, but the defendant must deposit the whole decretal amount in court within 30 days from the date of the ruling.

Abuga Bichanga Misiani & David Mauti Nyameyio v Wilfred Nyambego Nyamboke [2015] KEHC 1264 (KLR)

✦ The applicants have not satisfied the court that their application meets the threshold for revocation and/or annulment of the grant.

Mugambi v Muthaura & 2 others (All t/a Muthaura Mugambi Ayugi & Njonjo Advocates) (Miscellaneous Civil Application 199 of 2015) [2015] KEHC 8025 (KLR) (Civ) (10 November 2015) (Ruling)

Peter Gichamba Kiratu v Republic [2015] KEHC 1020 (KLR)

✦ The application is allowed with certain conditions pending the hearing and determination of the appeal.

Republic v Commissioner for Income Tax & another Ex Parte Qplast Industries Limited [2015] KEHC 7871 (KLR)

✦ The court will not examine the evidence to form its own view of the substantial merits of the case, but will determine if there is a recognisable public law wrong committed.

John Kamau Njenga v Simon Muchiri Kamau & another [2015] KEHC 1359 (KLR)

✦ The court determines that the only issue is jurisdiction and transfers Cause No. 361 to Nairobi High Court.

Regine Butt v Haroon Butt & another [2015] KEHC 7964 (KLR)

✦ The Preliminary Objection raised by the Respondents lacks merit and is hereby dismissed with costs.

Anastasia Gitiri Munyi & others v County Commissioner Kiambu County, Kimani Ichungwa & John Kiragu [2015] KEHC 1463 (KLR)

✦ The preliminary objection that the motion was filed out of time is upheld, and the proceedings are struck out with costs to the respondents.

M’Ruuti v Muthuku & 2 others (Originating Summons 27 of 2010) [2015] KEHC 8553 (KLR) (10 November 2015) (Ruling)

✦ The court finds that cause has been shown to the satisfaction of the court as to why the suit should not be dismissed for want of prosecution.

Maingi v Diamond Trust Bank Limited & another (Civil Case 603 of 2009) [2015] KEHC 548 (KLR) (Civ) (10 November 2015) (Ruling)

✦ The court dismisses the 1st defendant's application to dismiss the suit for failure to issue and serve summons to enter appearance on the 1st defendant.

Larbi Jesse Appiah v Republic [2015] KEHC 1357 (KLR)

✦ The sentence is set aside and replaced with the period already served. The appellant is ordered to be repatriated back to his home country as soon as possible.

Republic v William Mbithi Ngali [2015] KEHC 1104 (KLR)

✦ The court finds that there is evidence establishing a prima facie case against the accused and proceeds to put him on his defence.

Kenya Union of Savings and Credit Cooperatives (KUSCCO) Limited v Nairobi City Council(now Nairobi City County & 2 others [2015] KEHC 1504 (KLR)

✦ KUSCCO is granted leave to file contempt proceedings and to apply for judicial review. The court orders the respondents to comply with the previous court order.

Mary Imbenzi Nechesa v Felix Khayesa & another [2015] KEHC 1286 (KLR)

✦ The Petitioner is the only heir to the estate of the deceased and ranks higher in priority than the Objector. The grant is confirmed in terms of the consent of distribution prepared by the Petitioner.