Kenyan case law
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Payless Carhire and Tours Ltd v Coca-Cola East & Central Africa Ltd [2015] KEHC 867 (KLR)
✦ The appeal is dismissed and struck out
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Alex Wambani Joseph v Republic [2015] KEHC 816 (KLR)
✦ The appeal is dismissed as the prosecution proved its case beyond all doubts.
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M A A v M S A [2015] KEHC 8527 (KLR)
✦ The learned magistrate erred in law and fact by awarding custody to the respondent, as the best interests of the children should have been considered in favor of the mother.
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Odhiambo Owiti & Company Advocates v Standard Assurance (K) Limited & 3 others [2015] KEHC 1522 (KLR)
✦ The Court of Appeal's order remains intact, and the respondent must meet the consequences of the garnishee order absolute proceedings against them.
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Paul Ainea Mwendwa & another v Joseph Thiongo Mwangi & 2 others [2015] KEHC 1519 (KLR)
✦ The Application is dismissed with costs to the Respondent and as a consequence thereof, the suit is struck out with costs to the Defendant.
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Abdi Aziz Suleiman & another v Nyara Youth Group (sued through its management officials chairman, Secretary and treasurer [2015] KEHC 1199 (KLR)
✦ The application is allowed, and the plaintiffs' application is meritorious.
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C M K v Republic (Criminal Appeal 7 of 2015) [2015] KEHC 7862 (KLR) (Crim) (5 November 2015) (Judgment)
✦ The appeal on conviction lacks merit and is dismissed. The appeal on sentence similarly fails. The sentence was legal.
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Charles Wambua Kivuno v Republic [2015] KEHC 7992 (KLR)
✦ The appeal is dismissed as the prosecution proved its case to the required standard.
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Kihara Muttuu v M'mugambi M'mbogori [2015] KEHC 1112 (KLR)
✦ The application is dismissed. Costs are awarded to the plaintiff.
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Munyange M’imanyara v M’rarama M’tuaruchiu [2015] KEHC 1089 (KLR)
✦ The court adopts the surveyor's report and orders the distribution of the estate property as per the sketch map, with the petitioner receiving 0.36 Ha and the objector receiving 0.35 Ha.
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N P K v Republic [2015] KEHC 964 (KLR)
✦ The conviction and sentence are quashed due to the offender's age and the prison term not being in accordance with the Children Act.
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Mwalimu Wasi Kalume & another v Republic [2015] KEHC 1586 (KLR)
✦ Appeals are dismissed. The charge sheet was not defective. The sentence is lawful. The evidence points to the appellants' guilt.
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Mutali Nyamwea Alias Mokaka v Republic [2015] KEHC 8528 (KLR)
✦ The court finds that the evidence established penetration and dismisses the appeal, allowing the cross-petition and substituting the conviction for defilement with a life sentence.
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Republic v Principal Secretary Ministry of Planning & National Development & 2 others ex-parte Emmaculate Nduku Musyula [2015] KEHC 7846 (KLR)
✦ The ex parte Applicant's application is dismissed as premature due to the lack of a certificate of order against the government. The respondents are protected by Section 23 of the Government Proceedings Act, Cap 40 from paying the decretal amount until they receive the certificate of order against the government.
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Republic v Nairobi City County Ex Parte Senco Limited W.H.E. Edgley’s Trust Trustees Registered (Judicial Review 461 of 2014) [2015] KEHC 7855 (KLR) (Judicial Review) (5 November 2015) (Judgment)
✦ The Respondent's decision to charge the property with land rates is in breach of the Valuation for Rating Act, Cap 266, and the matter is res judicata.
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Republic v OCPD Nairobi County Police Headquarters & 7 others Ex-parte Mary Gathoni Ndungu [2015] KEHC 7872 (KLR)
✦ The court declares the arrest and criminal charges against the applicant are illegal and should be stayed and reversed pending the hearing and determination of the application and suit.
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Republic v Retirement Benefits Appeals Tribunal & 5 others Ex-parte Kenya Airports Authority Staff Superannuation Scheme [2015[] eKLR [2015] KEHC 1473 (KLR)
✦ The court finds that the Retirement Benefits Appeals Tribunal failed to give reasons for its decision, which amounts to procedural impropriety. The court quashes the decision and dismisses the order for prohibition.
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Republic v Land Registrar Meru South District Ex-Parte Felix Kiambi Gituru & another [2015] KEHC 1137 (KLR)
✦ The application is allowed, and the order is corrected to remove the typographical error.
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Dominic Njenga Mbui v Republic [2015] KEHC 7987 (KLR)
✦ The appeal is partially successful. The sentence of three years imprisonment is reduced to a fine of Kshs. 50,000, payable in default of which the Appellant will serve twelve months imprisonment.
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Betty Njoki Mureithi t/s Blue Star Enterprises v Inspector General & another [2015] KEHC 788 (KLR)
✦ The court gives the police a maximum of 7 days to complete investigations and will be mentioned on 12/11/2015 for a recommendation on whether to charge the Applicant or exonerate her.
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Peter Thairu Gathuna v Lucia Wanjiku Kamau & 2 others [2015] KEHC 273 (KLR)
✦ The 1st and 2nd Defendants are restrained from dealing with the plot until further orders.
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Akkad Systems Limited v County Gorvernment of Nairobi [2015] KEHC 7844 (KLR)
✦ An order of mandamus will issue compelling the County Government of Nairobi to settle the decretal amount in Milimani CMCC No. 484 of 2013.
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Christopher Amasava v Republic [2015] KEHC 1452 (KLR)
✦ The application is dismissed as the prosecution's withdrawal of charges was within its rights and the Applicant has not shown any prejudice.
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In re Adoption of Baby N K [2015] KEHC 304 (KLR)
✦ The court allows the application for adoption and grants the applicants permission to adopt the child. The child shall be called J M C and J O K will be appointed as his legal guardian.
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Lai Mohamed Mwango alias Mzogah v Republic [2015] KEHC 1593 (KLR)
✦ The prosecution proved its case beyond reasonable doubt and the appellant was properly identified.