Kenyan case law

Okiya Omtatah Okoiti v Attorney General & 5 others [2020] KEHC 10296 (KLR)

✦ The court grants the conservatory order and injunction orders pending the hearing of the petition.

Republic v Public Procurement Administrative Review Board; Accounting Officer Kenya Revenue Authority & another (Interested Parties) Skaga Limited & another (Ex-Parte Applicant) [2020] KEHC 629 (KLR)

✦ The Court will determine the four substantive issues raised by the parties.

James Ouma Odin v Republic [2020] KEHC 1533 (KLR)

✦ The sentence of 2 years imprisonment is lawful and too lenient to warrant revision. The applicant is a recidivist and should serve the full sentence.

Opportunity International Wedco Limited Samelgchohi v Elizabeth Mueni Kiamba & another (Suing as Legal Representative of Estate of Stepheni Muoki Mailu- deceased) [2020] KEHC 1780 (KLR)

✦ The application is dismissed with no order as to costs due to non-compliance with the court's directions by the respondents.

Kevin Agik Odhiambo v Republic [2020] KEHC 1486 (KLR)

✦ The application is dismissed as devoid of merit and an abuse of the court process

Progress Welfare Association of Malindi & 3 others v County Government of Kilifi & 4 others (Constitutional Petition E2 of 2020) [2020] KEHC 1704 (KLR) (16 November 2020) (Ruling)

✦ The Court found that the petitioners had not established a strong primafacie case to warrant the grant of conservatory orders.

Mt. Kenya Leisure Lodge & another v Nicholas Kogi Njogu (Suing as the Administrator of the Estate of Hellen Njoki Kogi) [2020] KEHC 1455 (KLR)

✦ The judgment of the Chief Magistrate's Court is upheld.

Amos Kabogo Kuria v Stephen K Kangethe t/a Dalali Auctioneers & SBM Bank (K) Ltd (Commercial Civil Case 061 of 2020) [2020] KEHC 10283 (KLR) (Commercial and Tax) (13 November 2020) (Ruling)

✦ The court granted the Plaintiff's application for an interlocutory injunction to prevent the Defendant from interfering with the property pending the determination of the parties' rights.

Kenya Medical Research Institute v George Wainaina Ngugi [2020] KEHC 1740 (KLR)

✦ The contract between the appellant and the respondent was frustrated by a third party, who was not under the control of the appellant. The appellant should not have been found to be in breach of contract. The award of loss of user is set aside as there was no proof of loss of user.

Josephine Kavivi Mutie & 13 others v County Assembly of Kitui & another [2020] KEHC 421 (KLR)

✦ The application is dismissed for want of merit.

Crown Bus Services Ltd & 2 others v Jamilla Nyongesa and Amida Nyongesa (Legal Representatives of Alvin Nanjala (Deceased) [2020] KEHC 1806 (KLR)

✦ The appeal is allowed, and the award of Ksh.3,120,000/- for general damages under the Fatal Accidents Act is set aside and substituted with an award of Ksh.2,800,000/-, while the award of Ksh.120,000/- under the Law Reform Act is affirmed.

Republic v Gerald Mutuku Nyalita & another [2020] KEHC 1642 (KLR)

✦ The court found the evidence insufficient to prove the accused's guilt beyond reasonable doubt.

David Benjamin Onyango v Republic [2020] KEHC 1391 (KLR)

✦ The sentences should run consecutively, and the remand period should be accounted for in the sentence.

Remy GmbH & KG v Henkel Polmer Co. Ltd t/a Henkel Chemial (E.A) [2020] KEHC 10297 (KLR)

✦ The motion is dismissed with costs awarded to the plaintiff.

National Bank of Kenya Limited(As the Successor In Business of Kenya National Capital Corporation Limited “Kenyac”) & another v Rachuonyo & Rachuonyo Advocates [2020] KEHC 1787 (KLR)

✦ The Deputy Registrar's decision on instruction fees and consequential items is set aside

Republic v Sunza Makau [2020] KEHC 1617 (KLR)

✦ The accused is found guilty of murder

Clifford Omondi Otieno v Geoffrey Muthiani Mutiso & another [2020] KEHC 1449 (KLR)

Kenya Revenue Authority v Pevans East Africa Limited [2020] KEHC 10282 (KLR)

✦ The Preservation Orders are discharged and the matter is stayed pending the hearing of Misc. Application No. E045 of 2020.

David Njihia Mbugua & another v Monicah Wanjiru Mbugua & another [2020] KEHC 10277 (KLR)

✦ The order dismissing the plaintiffs' derivative suit application and striking out the suit is not capable of execution, and therefore, the plaintiffs' application for a stay of execution is dismissed.

Mak’ogonya T.T. Tiego v Livingston Tomno Kapto t/a Litoki Associates;Onsando Osiemo & another (Interested Parties) [2020] KEHC 1726 (KLR)

✦ The first application is dismissed with costs, and the second application is referred to arbitration and proceedings are stayed pending the outcome of an appeal.

Crown Bus Services Ltd & 2 others v BM (Minor suing through his mother & Next Friend) SMA) [2020] KEHC 1817 (KLR)

✦ The appeal is allowed, reducing the award of general damages to Ksh.2,500,000 and affirming the award for the cost of an artificial limb and special damages.

Republic v Smith Tama Muli [2020] KEHC 1448 (KLR)

✦ The court finds the accused guilty of murder.

Leeds Engineering Company Limited v Cosmocare Limited [2020] KEHC 1789 (KLR)

✦ The defendant’s application to change legal representation is allowed, and the default judgment is set aside on condition that the applicant deposits Kshs 14,000,000 as security.

Republic v Grace Muthoni Ndambiri & another [2020] KEHC 363 (KLR)

✦ The court varies the bail terms for the 2nd accused to allow him to sign a free bond with two sureties, attend court, and not interfere with witnesses.

Ndunde Investments Limited v Eugenie Muthoni Dadet [2020] KEHC 10278 (KLR)

✦ The ex-parte judgment entered against the defendant on December 13, 2018, is hereby set aside, and the defendant is allowed to defend the suit. An order of inhibition is registered against LR. No. 2/52/1 Wado Apartments Nairobi pending hearing and determination of the suit.