Kenyan case law
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Mado v Omar & another (Civil Appeal 38 of 2022) [2023] KEHC 27635 (KLR) (6 December 2023) (Judgment)
✦ The Court dismissed the appeal and upheld the Trial Court's ruling, allowing the Appellant to defend the suit and setting aside the default judgment.
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Riaz and Sons Co. Ltd v Githiri & 3 others (Civil Suit E037 of 2022) [2023] KEHC 27636 (KLR) (6 December 2023) (Ruling)
✦ The appeal is not dismissed, but the court declines to issue orders of stay of execution and sets aside the order extending the stay. The court also declines to release the vehicles and directs timely determination of the appeal.
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Okombo v Republic (Criminal Revision E075 of 2023) [2023] KEHC 26295 (KLR) (6 December 2023) (Ruling)
✦ The application is declined as the applicant cannot approach the High Court for a criminal revision due to the lack of an appeal and the sentence was not unlawful.
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Nyangares v Republic (Criminal Revision E008 of 2023) [2023] KEHC 26293 (KLR) (6 December 2023) (Ruling)
✦ The application is declined as it will be tantamount to usurpation of the powers of the president and sitting on appeal on a matter that this court is functus officio.
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Republic v Maunde (Criminal Case E007 of 2023) [2023] KEHC 26247 (KLR) (6 December 2023) (Ruling)
✦ The court denied the accused's request for release on reasonable bail terms due to compelling reasons not to be released.
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Republic v Nyamesa (Criminal Case E010 of 2022) [2023] KEHC 26530 (KLR) (6 December 2023) (Judgment)
✦ The court finds the prosecution failed to prove the accused caused the fatal injuries and was culpably negligent.
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Otemba & 2 others v Republic (Criminal Revision 65, 66 & 67 of 2023) [2023] KEHC 26340 (KLR) (6 December 2023) (Ruling)
✦ The application fails, but the sentences shall run concurrently.
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Maina v Kagendo (Civil Appeal E157 of 2023) [2023] KEHC 26272 (KLR) (6 December 2023) (Ruling)
✦ The application for stay of execution is granted.
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Atembe v Republic (Criminal Revision 194 of 2023) [2023] KEHC 26456 (KLR) (5 December 2023) (Ruling)
✦ The application is therefore declined.
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Martha v Republic (Criminal Revision 238 of 2023) [2023] KEHC 26294 (KLR) (5 December 2023) (Ruling)
✦ The application is therefore declined.
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Mwaniki v Kamunya & 2 others (Civil Appeal 43 of 2020) [2023] KEHC 27398 (KLR) (5 December 2023) (Ruling)
✦ The appeal should not be dismissed for want of prosecution as the steps leading to dismissal of an appeal for want of prosecution were not followed.
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Modern Coast Bus v Machoni & another (Suing as the Legal Representative of the Estate of Geoffrey Mwanda Ombati) & another (Civil Miscellaneous Application E065 of 2022) [2023] KEHC 26191 (KLR) (5 December 2023) (Ruling)
✦ The court denied the application as the reason for delay was not sufficient.
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Gitau v Republic (Criminal Appeal E005 of 2023) [2023] KEHC 26451 (KLR) (5 December 2023) (Judgment)
✦ The court found that the prosecution proved the ingredients of delement and that the appellant's belief was not a valid defence.
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Githinji v Republic (Criminal Revision 61 of 2023) [2023] KEHC 26244 (KLR) (5 December 2023) (Ruling)
✦ The court allows the application and directs that the period the applicant spent in custody be included in the computation of his sentence by the Prisons Officers. The sentence shall run from the date of arrest, which is 30th June 2014.
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Onkoba v Republic (Criminal Appeal E009 of 2023) [2023] KEHC 26290 (KLR) (5 December 2023) (Judgment)
✦ The appeal is dismissed as the sentence is legal and the mandatory 20-year sentence is constitutional.
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Eboso v Republic (Criminal Revision 97 of 2023) [2023] KEHC 26260 (KLR) (5 December 2023) (Ruling)
✦ The court denied the application and set directions for the matter.
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Ng’ang’a & another v Kainuthia (Miscellaneous Civil Application E055 of 2023) [2023] KEHC 26284 (KLR) (Civ) (5 December 2023) (Ruling)
✦ The court will allow the motion dated 14.01.2023 in terms of prayers (2) and (3) but award costs to the Respondent in any event.
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Gaturu v Maina (Miscellaneous Civil Application 213 of 2020) [2023] KEHC 26348 (KLR) (Civ) (5 December 2023) (Ruling)
✦ The Applicant’s reference is without merit, save for the sole issue raised in respect of item 252. The decision of the taxing officer dated 22.04.2021 is upheld save for item 252 which is set aside.
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Ogweno v Republic (Criminal Revision 237 of 2023) [2023] KEHC 26292 (KLR) (5 December 2023) (Ruling)
✦ The application is declined as the applicant cannot approach the High Court for revision due to her choice not to appeal and the court's limited jurisdiction to review sentences.
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Onyango v Okiambe & another (Miscellaneous Civil Application E158 of 2022) [2023] KEHC 27131 (KLR) (5 December 2023) (Ruling)
✦ The court grants the leave to appeal and stays the proceedings.
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Ayaji v Republic (Criminal Revision 3 of 2023) [2023] KEHC 26211 (KLR) (5 December 2023) (Ruling)
✦ The court finds no error or irregularity in the sentence and denies the application for reduction of sentence.
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Moraa v Republic (Criminal Revision 239 of 2023) [2023] KEHC 26459 (KLR) (5 December 2023) (Ruling)
✦ The application is declined as the High Court does not have jurisdiction to revise the sentence.
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Kerima v Republic (Criminal Revision 240 of 2023) [2023] KEHC 26458 (KLR) (5 December 2023) (Ruling)
✦ The application is declined as the applicant cannot approach the High Court for a criminal revision due to the lack of an appeal and the sentence was not unlawful.
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Moraa v Republic (Criminal Revision 236 of 2023) [2023] KEHC 26457 (KLR) (5 December 2023) (Ruling)
✦ The application is declined as the High Court does not have jurisdiction to revise the sentence due to the lack of an appeal.
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In re Baby JJ (Child) (Adoption Cause 13 of 2023) [2023] KEHC 26859 (KLR) (5 December 2023) (Judgment)
✦ The court found the baby available for adoption and the applicants fit to adopt him. The adoption is in the best interest of the child.