Kenyan case law

Mohamed Ali t/a Top Model Apparels & 44 others v Kenya Revenue Authority [2020] KEHC 9210 (KLR)

✦ The High Court has jurisdiction over the petition and the Court finds that KRA failed to follow proper procedures.

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

✦ The summons for revocation is reinstated for hearing.

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.

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

DNC v Republic [2020] KEHC 1592 (KLR)

✦ Appeal on conviction dismissed, appeal on sentence allowed, sentence reduced from life to 15 years

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.

Ali Maghanga & another v Republic [2020] KEHC 1807 (KLR)

✦ The death sentence is substituted with a custodial sentence of 30 years imprisonment for each appellant.

Kenneth Omondi Ochieng & 39 others v Republic Thro’ The Director of Public Prosecutions [2020] KEHC 1872 (KLR)

Michael Mwangi Waithera v Republic [2020] KEHC 161 (KLR)

✦ The conviction is upheld, but the sentence of life imprisonment is set aside and replaced with a 25-year sentence.

Republic v Jackline Nthenya Uhuru & another [2020] KEHC 1581 (KLR)

✦ The accused are found guilty of murder

John Gichure Maina v Republic [2020] KEHC 230 (KLR)

✦ The conviction is set aside due to procedural errors in taking the victim impact assessment and failure to allow cross-examination.

RMW v Republic [2020] KEHC 1639 (KLR)

✦ The appeal is upheld, and the conviction and sentence are set aside.

Republic v Justin Ogalo Nyanumba & 2 others [2020] KEHC 1803 (KLR)

✦ The court finds that the prosecution did not prove the accused persons' guilt beyond reasonable doubt and acquits them of the offence of murder.

Earnest Tsuma & 2 others v Republic [2020] KEHC 1878 (KLR)

✦ The conviction of the appellants is quashed and the sentences set aside. The fines are ordered to be refunded.

Mercy Wanjiru Nyaga v Josphat Kiura & another [2020] KEHC 383 (KLR)

✦ The court upheld the learned trial magistrate's decision and dismissed the appeal.

Republic v Thomas Muli Kioko [2020] KEHC 1653 (KLR)

✦ Accused is sentenced to four and a half (4 1⁄2) years imprisonment, with the first 1 1⁄2 years in prison and the next three (3) years on probation.

AMM v Republic [2020] KEHC 1573 (KLR)

✦ The court found no error in the particulars of the charge sheet, the age of the victim, the proof of penetration, or the identification of the perpetrator. The court upheld the sentence of life imprisonment.

Joseph Wainaina Kuria v Republic [2020] KEHC 162 (KLR)

✦ The appeal on conviction has no merit and is dismissed. The sentence of life imprisonment is set aside and substituted with a sentence of 25 years imprisonment.

Republic v Joseph Kasimu Mule [2020] KEHC 1628 (KLR)

✦ The court allows the state to discontinue the prosecution and discharge the accused.

Raphael Murungi Geoffrey & another v Kenneth Micheni M’buri (Legal Representative of Estate of Geoffrey M’buuri Magiri (Deceased) [2020] KEHC 1782 (KLR)

✦ The application is allowed, and the appeal is extended to be filed within 30 days from the date of the ruling. There is a stay of implementation of the confirmed grant and further proceedings pending the appeal.

Ronald Nyaga Kiura v Republic [2020] KEHC 326 (KLR)

✦ The conviction on count 1 is set aside, while the convictions and sentences on counts 2 and 3 are upheld.

Emmanuel Mulei Kilova v Republic [2020] KEHC 1678 (KLR)

✦ The court found that the case was heard and finalized in a timely manner and that the prosecution proved a case of defilement against the appellant. The sentence was not found to be harsh and excessive.

Nancy Kemunto Mogeni v Invesco Assurance Company Limited [2020] KEHC 1693 (KLR)

✦ The respondent is required to satisfy judgments arising from the applicant's insurance policy and breached its contractual obligations by failing to pay the full decretal sums.

Eric Ndambuki Ndemange v Jackline Kakuvi Mutua [2020] KEHC 1683 (KLR)

✦ The court finds no basis for the Appellant's submission that the medical reports referred to implants which the Respondent had prior to the accident.

Michael Kosgei Cheptum & another v Republic [2020] KEHC 1809 (KLR)

✦ The application for review is allowed, and the proceedings of 17 December 2019 are set aside. The lower court file is remitted to the trial court with instructions to re-open the defence case.