Kenyan case law

Kihara Mercy Wairimu & 7 others v Kenya School of Law & 4 others [2019] KEHC 1090 (KLR)

✦ The court has jurisdiction to hear the petition.

Spire Bank Limited v Emerging Investments Limited [2019] KEHC 1604 (KLR)

✦ The matter is transferred to the Environment and Land Court (ELC) and costs are awarded to the Respondent.

Republic v Richard Githaiga Wachira [2019] KEHC 1588 (KLR)

✦ The court found that the prosecution had made out a prima facie case against the accused and ordered him to be placed on his defence.

Republic v Joshua Kileru Munjure [2019] KEHC 525 (KLR)

✦ The accused Joshua Kileru Munjure is released on a reasonable bond of Kshs.1,000,000 with one surety of a similar amount.

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.

In re Estate of Asoma Okwang’ (Deceased) [2019] KEHC 1459 (KLR)

✦ The court upheld the mode of distribution proposed by the petitioner and dismissed the protest filed by the 11 protestors.

Alfalah Wholesalers Limited v Okongo (Civil Appeal 66 of 2018) [2019] KEHC 12490 (KLR) (28 November 2019) (Ruling)

✦ The Court dismissed the appeal and ordered the trial court's judgment to be enforced.

Isaack Bagaja Mohamed v Republic [2019] KEHC 1762 (KLR)

✦ The court finds that the applicant must demonstrate that his appeal has overwhelming chances of success to be entitled to bail pending appeal.

In re Estate of Miriam Mugure (Deceased) [2019] KEHC 1447 (KLR)

✦ The application is dismissed with costs as the applicant has not specifically pleaded facts constituting the court's bias and the allegations are farfetched.

Edward Ikinya Maina v Aeronautical Society of Kenya & Faustin Ondore [2019] KEHC 1487 (KLR)

✦ The court allows the plaintiff's oral application to produce the demand letter as evidence, but only within 7 days from the date of the ruling.

John Kenyatta Onchiri (Legal and personal representative of the estate of Pauline Kaseya) v Frank Endere & another [2019] KEHC 12049 (KLR)

✦ The court allowed the application for transfer of the suit from the subordinate court to the High Court.

CKM v PMK [2019] KEHC 1744 (KLR)

Republic v David Mwendwa Mulwa [2019] KEHC 1060 (KLR)

✦ The accused has a case to answer and is put on his defence.

Anthony Otiende Otiende v Attorney General Kirinyaga Construction Company (K) Ltd(Interested Party) [2019] KEHC 12165 (KLR)

✦ The petition is not sub judice and the Petitioner has locus standi to file the petition.

Mukuria Ngamau & another v Republic [2019] KEHC 423 (KLR)

✦ The application for revision of the trial court's orders is dismissed.

Kenya Power & Lighting Company Limited v David Obare Omwoyo t/a Omwoyo Auctioneers [2019] KEHC 1767 (KLR)

✦ The ruling on 21st February 2019 is reviewed, and the costs of the appeal are awarded to the appellant

Mbugua and Mbugua Advocates v Kenindia Assurance and Co Ltd [2019] KEHC 904 (KLR)

✦ The bill of costs is time barred and is hereby struck out.

In re IMS (Minor) [2019] KEHC 12033 (KLR)

✦ The court finds it in the best interest of the child to be adopted by the applicants and allows the adoption.

Civicon Limited v Kenya Rural Roads Authority [2019] KEHC 12421 (KLR)

✦ The court granted the plaintiff's application for interim measures of protection under section 7 of the Arbitration Act.

CAO v SNN [2019] KEHC 12162 (KLR)

✦ The appeal is dismissed with costs to the respondent.

Richard Otieno Oloo v Anastacia Anditi Oloo & another (Miscellaneous Civil Application 39 of 2019) [2019] KEHC 1501 (KLR) (28 November 2019) (Ruling)

✦ 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.

Mathenge Gitonga & Co Advocates v Kabatia & Co Advocates; Charles SC Kiberut & 41 others (Interested parties) [2019] KEHC 12439 (KLR)

✦ The application is incompetent as the applicants have no locus standi to urge the application and the court cannot issue orders in vain.

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.

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.

Polycarp Omolo Ochilo v Nation Media Group Limited [2019] KEHC 1883 (KLR)

✦ The court held that the defendant's publication was not libelous and dismissed the plaintiff's claims.