Kenyan case law

Republic v Attorney General & another Ex-Parte Samwel Mwangi Gatoto t/a Diani Farmers Day & Night Club and t/a Gombato Guest House [2020] KEHC 1256 (KLR)

✦ The ex parte applicant is entitled to an order of mandamus to compel the respondents to satisfy the judgment

Elias Omondi Okinda (suing as the legal representative of the Estate of Crispo Okinda Mien (Deceased) v KCB Bank Kenya Limited [2020] KEHC 1798 (KLR)

✦ The court dismissed the appeal.

Republic v Fridah Kanario [2020] KEHC 87 (KLR)

✦ The sentence imposed by the trial magistrate is revised and set aside. It is substituted with a sentence of Kshs.20,000 or six months imprisonment.

Mark Makoani Musyoka v Republic [2020] KEHC 1659 (KLR)

✦ The court affirmed the conviction and sentence for defilement, finding that the evidence established the age of the complainant, the act of penetration, and the identification of the perpetrator.

Republic v Kenya Revenue Authority (KRA) & 4 others; New Flamingo Hardware & Paints Limited & 22nd others (Ex Parte) [2020] KEHC 10284 (KLR)

✦ The Court has jurisdiction and the applicants are entitled to the reliefs sought.

In re Estate of Francis Pamba Odulwa (Deceased) [2020] KEHC 1830 (KLR)

Rebecca Watare Mugure v Julius Ndirangu Wanjeru [2020] KEHC 1681 (KLR)

✦ The appeal has merit. The award of Kshs.100,000/= for general damages is set aside and substituted with Kshs.230,000/=. The Appellant is awarded Kshs.233,500/= plus interest and costs.

Republic v Ambrose Kimanthi Itumo [2020] KEHC 1587 (KLR)

✦ The court found that both the complainant and the Respondent sustained grievous harm, and there was no error on the trial court's finding.

Republic v John Muia Ngomolo [2020] KEHC 1453 (KLR)

✦ The accused is placed on probation for three years under the supervision of the county probation officer

Catherine Wawira Mwangi & another v Republic [2020] KEHC 1712 (KLR)

✦ The prosecution proved its case to the desired threshold and the sentence was not manifestly harsh and excessive.

Law Society of Kenya v Attorney General & another [2020] KEHC 1702 (KLR)

✦ The court will not deal with issues falling within the realm of the main petition and will not grant the conservatory order.

In re Estate Samuel Kamau (Deceased) [2020] KEHC 1884 (KLR)

✦ The grant and certificate of confirmation are annulled, and a co-administrator is appointed from among the applicants.

Dadson Maina Mwangi v Simon Ngichiri Mwaka & another (Suing as the Legal Representatives of Estate of) Grace Wambui Ngichiri [2020] KEHC 1601 (KLR)

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.

Lukas Mburu Thuku v Republic [2020] KEHC 1812 (KLR)

✦ Convictions for robbery with violence and burglary are quashed. Convicted of handling stolen property in the alternative.

Kelvin Muli Kisenga & another v Republic [2020] KEHC 1640 (KLR)

✦ The court found that the prosecution did not prove its case against the Appellants to the required standard.

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.

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.

Scion Healthcare Limited & Augustine Kinyua v Kenya Medical Laboratory Technicians and Technologists Board & Director of Public Prosecutions (Constitutional Petition 195 of 2020) [2020] KEHC 10291 (KLR) (Constitutional and Human Rights) (12 November 2020) (Judgment)

✦ The Board has powers to license the Petitioners' hospital laboratory and regulate the practice of medical laboratory technicians and technologists.

Republic v Angelica Mwau Wanza (Criminal Case 58 of 2012) [2020] KEHC 1810 (KLR) (Crim) (12 November 2020) (Ruling)

✦ The court found that the prosecution has not established a prima facie case and placed the accused on her defence.

Republic v Lucas Munandu Malile [2020] KEHC 1593 (KLR)

✦ The accused is found guilty of murder

In re Estate of Enoch Wariadho Pudha (Deceased) [2020] KEHC 1730 (KLR)

✦ The summons for revocation is reinstated for hearing.

Ndungu Wambui Christine & 2 others v Muusi Nzivo Maingi aka Muusi Uzivo & another [2020] KEHC 1684 (KLR)

✦ The appeal is partly allowed, with the award on pain and suffering reduced to Ksh.100,000 and the award on loss of expectation of life reduced to Ksh.100,000. The multiplier used by the trial court is set at 25 years.

L.G. Menezes & Company Advocates v African Merchant Assurance Company Limited; Diamond Trust Bank Limited (Garnishee) [2020] KEHC 2301 (KLR)

✦ The Garnishee's lien is invalid, and the Judgment Creditor's garnishee order takes precedence.

Kimunai ole Kimeiwa & 5 others v Joseph Motari Mosigisi (The Then District Commissioner Rongai District) & 3 others [2020] KEHC 10267 (KLR)

✦ The court dismissed the application to sue the 1st respondent in his individual capacity and held that the 1st respondent was liable for his actions.