Kenyan case law

Anne Mumbi Hinga v Gaitho Oil Limited [2013] KEHC 1691 (KLR)

✦ The court grants the Plaintiff's leave to admit the witness statement and file a supplementary list of documents.

Daniel Mbithuka Muia v Republic [2013] KEHC 1538 (KLR)

✦ The appeal is dismissed. The conviction is upheld but the sentence is reduced to 20 years imprisonment.

Kiema Mutie v Republic [2013] KEHC 1537 (KLR)

✦ The Appellant's conviction and sentence are upheld.

Enock Kirao Muhanji v Hamid Abdalla Mbarak [2013] KEHC 6015 (KLR)

✦ The current suit is not res judicata and is not an abuse of the court process.

In Re J A (Minor) [2013] KEHC 1219 (KLR)

✦ The court allows the applicants' application for adoption. The applicants, D S F and M W F, are hereby allowed to adopt Baby J A. The child shall be known as J S F. A A W and A R K W shall be the legal guardian of the child should such eventuality arise.

Republic v Chairman, Land Disputes Tribunal Lurambi Division [2013] KEHC 1628 (KLR)

✦ The decision of the Land Disputes Tribunal was made outside their powers and is therefore illegal, null and void and is quashed through certiorari.

Kisimani Holdings Limited & another v Fidelity Bank Limited [2013] KEHC 1608 (KLR)

✦ The Court finds in favor of the 1st Plaintiff and grants interlocutory prohibitory and mandatory injunctions.

Republic v Permanent Secretary, Office Of The PresidentMinistry Of State For Provincial Administration And Internal Security Ex-Parte Mariam J. D. Hassan [2013] KEHC 1610 (KLR)

✦ The court allows the application and issues an order of mandamus against the Permanent Secretary or any officer currently performing the functions previously performed by that Permanent Secretary.

L N C v D M K [2013] KEHC 1201 (KLR)

✦ The court grants the Petitioner's petition for divorce and orders that the Petitioner have custody of the minor children.

Ann Itumbi Kiseli v James Muriuki Muriithi [2013] KEHC 1581 (KLR)

✦ The court found that the Plaintiff must prove by producing evidence that the Defendant is the registered proprietor of the suit property. The Plaintiff produced an official search showing the property was registered in the name of the Defendant, and the failure to annex a certified extract of the Defendant's title on the supporting affidavit is not fatal to the Plaintiff's Originating Summons.

China Sichuan Corporation for International Techno-Economic Co-Operation v Kigwe Complex Ltd [2013] KEHC 1678 (KLR)

✦ The Court will not strike out the Plaintiff's claim and will grant the Defendant leave to file its Defence and Counterclaim out of time.

Humphrey Ngure Munene & 2 others v Republic [2013] KEHC 6958 (KLR)

Republic v Chairman, Land DisputeTribunal – Lurambi Division & 2 others ex-parte Herbert Andala Inyende [2013] KEHC 1622 (KLR)

✦ The decision was illegal, null and void, and certiorari orders will issue.

Justus Chania Lyunga v Standard Chartered Bank (K) Ltd [2013] KEHC 1641 (KLR)

✦ The Court extended the time for the Defendant to file its Notice of Appeal from 14 days to 34 days.

Republic v Nakalale Ewoto [2013] KEHC 142 (KLR)

✦ The accused is found guilty of manslaughter.

J M M v Republic (Criminal Appeal 109 of 2011) [2013] KEHC 1544 (KLR) (30 October 2013) (Judgment)

✦ The appeal is dismissed on sentence, and the sentences are set aside. The appellant is ordered to serve 15 years for incest and 25 years for deliberate transmission of HIV, to run concurrently.

Micheal Mbaabu Mutegi v Republic [2013] KEHC 1296 (KLR)

✦ The appeal is dismissed. The conviction is upheld and the sentence confirmed.

P. M. M v Republic (Criminal Appeal 168 of 2011) [2013] KEHC 1545 (KLR) (30 October 2013) (Judgment)

✦ The appeal is dismissed, the conviction is upheld, and the sentence is confirmed.

Basilio Mwaniki Ireri v Republic [2013] KEHC 1739 (KLR)

✦ The conviction and sentence are upheld

Alex James Muchangi v Republic [2013] KEHC 1713 (KLR)

✦ The identity of the assailant was not proved beyond reasonable doubt and the conviction is quashed

Michael Mugo Musyoka v Republic [2013] KEHC 1711 (KLR)

✦ The appeal is dismissed.

Republic v Peninah Joel Kasika [2013] KEHC 1549 (KLR)

✦ The court sentences the accused to three years on probation.

Oyatta & Associates v Nilam Doshi [2013] KEHC 1635 (KLR)

✦ The Advocate/Respondent was entitled to the Getting up fee and Instruction fee in both HCCC No. 803 and 804 of 2002.

Mohammed Siyat Bare & 8 others v Republic [2013] KEHC 1564 (KLR)

✦ The appeal is partially allowed, with the sentence set aside and replaced with a fine of Kshs. 50,000/= or four (4) months imprisonment in default for each appellant.

Robert Makau v Republic [2013] KEHC 1557 (KLR)

✦ The sentence is reduced to the period already served