Kenyan case law

In re Estate of Alfred Meso Nono (Deceased) [2019] KEHC 12044 (KLR)

✦ The application is dismissed with costs as the applicant and her son were not the deceased's dependants and there was no valid marriage or cohabitation relationship.

Republic v Kenya Bureau of Standards & 3 others Ex parte Unifresh Exotics (K) Limited [2019] KEHC 1798 (KLR)

✦ An order of mandamus is issued compelling the Kenya Bureau of Standards to re-sample and re-test the imported fertilizer within 60 days of the judgment.

Republic v Ministry of Land, Housing and Urban Development & 2 others Exparte Josphat K Yator; Jane Chepkosgei Chekiyeng & another (Interested Parties) [2019] KEHC 650 (KLR)

✦ The court held that the court has jurisdiction to hear the matter and granted the applicant's orders for certiorari.

In re Estate of Mark Kiptarbei Too (Deceased) [2019] KEHC 384 (KLR)

✦ Application dismissed with costs

Republic v Alex Cheren Laikong & 7 others [2019] KEHC 1810 (KLR)

✦ The court finds the prosecution has proved its case beyond reasonable doubt and convicts the accused of Murder.

Ameli Inyangu & Partners Advocates v Millenium Management Limited [2019] KEHC 2036 (KLR)

✦ The court held that the application lacks merit as there are no substantial grounds for a stay of execution.

Robert Njoka Muthara v Commissioner of Value Added Tax & another [2019] KEHC 1668 (KLR)

✦ The court dismissed the plaintiff's claims as there was no evidence of malice on the part of the police/prosecutor, and the prosecution was not actuated by malice.

In re Estate of Joseph Gichuki Riunge (Deceased) [2019] KEHC 12127 (KLR)

✦ The respondents are given 60 days to distribute the estate to the beneficiaries in accordance with the certificate of confirmation, failing which the Deputy Registrar will distribute the estate on their behalf.

Moses Musa Cheptum v Republic [2019] KEHC 1719 (KLR)

✦ The Court finds no merit in the appeal both on conviction and sentence, and dismisses the appeal.

Republic v Julius Kipkemoi Rotich [2019] KEHC 1854 (KLR)

✦ The court allows the application for bail and sets the conditions for the accused.

In re Estate of John Bede Achieng Osedo (Deceased) [2019] KEHC 123 (KLR)

✦ The application for revocation of the grant is dismissed with each party bearing their own costs and being advised to exhaust the process in the magistrate's court prior to moving to this court.

Kedireng Lokilepuang alias Geoffrey v Republic [2019] KEHC 12089 (KLR)

✦ The court found that the appellant was guilty of defilement and sentenced him to life imprisonment.

E.P. Communications Limited v East Africa Courier Services Limited [2019] KEHC 1298 (KLR)

✦ The court held that the appellant supplied goods on credit to the respondent and that the respondent failed to pay for the goods.

Intex Construction Limited v CMC Aviation Limited [2019] KEHC 726 (KLR)

✦ The application is allowed, and the court grants the orders sought.

Mohamed Iqbal & another v GOW (deceased suing through legal representatives MW & MWW) [2019] KEHC 1887 (KLR)

✦ The appeal is dismissed. The trial court's finding of 100% liability to the appellant is upheld. The award of Kshs.600,000/= for general damages is upheld. The special damages are also upheld.

Landmark Port Converyors Limited v Buzeki Entrprises Limited & another [2019] KEHC 570 (KLR)

Prosecutor v Dedan Ouma Sweta [2019] KEHC 1880 (KLR)

✦ I find that Everline is not a competent and compellable witness for the prosecution

Dancan Ekwam Auren v Inspector General of Police & another [2019] KEHC 12054 (KLR)

✦ The Defendants' application to recall witnesses for cross-examination is allowed, but the Plaintiff's Written Submissions are expunged from the court record.

Republic v Commissioner General, Kenya Revenue Authority Ex parte Sanofi Aventis Kenya Limited (Judicial Review 117 of 2017) [2019] KEHC 12024 (KLR) (Judicial Review) (26 November 2019) (Judgment)

✦ The court found that the suit did not offend the doctrine of exhaustion of remedies and that the impugned decision was not tainted with illegality. The applicant is entitled to the orders sought.

Republic v Michael Aliwa Simba [2019] KEHC 2006 (KLR)

✦ The accused is acquitted of the charge of murder.

Jane Nduta Koigi v Attorney General [2019] KEHC 1757 (KLR)

✦ The court finds that the petitioner's fundamental rights were contravened and grossly violated in 1987 and 1992.

Patrick Arube Nyabera & another v Republic [2019] KEHC 1756 (KLR)

✦ Bond is a Constitutional right guaranteed under Article 49(1) of the Constitution. The bond terms are varied to Kshs.500,000/= with one surety of the same amount. Cash bail is not granted due to the seriousness of the offence.

Republic v Elizabeth Kathini Muvea [2019] KEHC 862 (KLR)

✦ The accused was convicted of murder.

Brian Mutinda Kalusi v Republic [2019] KEHC 1076 (KLR)

✦ The sentence of life imprisonment is set aside and substituted with a sentence of 25 years imprisonment.

Carolyne Nyambura Waithiageni v Republic [2019] KEHC 12166 (KLR)

✦ The court orders a Community Service Orders report be filed.