Kenyan case law
-
Republic v Disciplinary Tribunal of the Law Society of Kenya & another exparte John Maina Mburu [2015] KEHC 7854 (KLR)
✦ The application is dismissed with no order as to costs.
-
Benta Achieng Opondo v Republic [2015] KEHC 1479 (KLR)
✦ The application has no merit. The applicant has not demonstrated that her appeal has high chances of success.
-
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.
-
City Finance Bank Limited v Cedar Bank Enterprises Limited & another [2015] KEHC 8380 (KLR)
✦ The court entered judgment for the Defendant against the Third Party, awarding 50% of the principal sum, interest, and costs.
-
Joshua Kipchirchir Kurgat v Eastern Produce (K) Ltd [2015] KEHC 387 (KLR)
✦ The appeal is dismissed with costs to the respondent.
-
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.
-
Elijah Kinyua Ng’ang’a & 3 others v Gitu Wa Kahengeri & 3 others [2015] KEHC 7972 (KLR)
✦ The preliminary objection should only extend to the 4th defendant. The 1st to 3rd defendants are subjects and individuals sued in their personal capacity, and an injunction can be issued against them. The suit should be heard on its merits and the court should determine whether to deny the relief or return a persuasive verdict through a declaratory order.
-
Daniel Ojijo Ogonda & another v Archie Chamugwana Mgondah Viany [2015] KEHC 1567 (KLR)
✦ The application is granted as prayed and the vesting order is cancelled.
-
Nandi Tea Estates Ltd v George Ochieng Oduong [2015] KEHC 377 (KLR)
✦ The court finds no basis to interfere with the quantum of general damages awarded to the respondent by the learned trial magistrate. Special damages in the sum of Kshs.1,500/- were specifically pleaded and proved. The award of Kshs.161,500 special and general damages is therefore upheld.
-
Erastus Wanyonyi Wanyama v Republic [2015] KEHC 39 (KLR)
✦ The court finds that the prosecution proved the offence beyond reasonable doubt and the sentence is legal.
-
Bonfas Murigi Rutere v Julius Kamande Chomba [2015] KEHC 966 (KLR)
✦ The confirmed grant dated 29th October, 2014 is revoked, and a rectified grant will be issued in the names of the identified beneficiaries.
-
Republic v Retirement Benefits Appeals Tribunal & 91 others Ex parte Trustees Barclay Bank of Kenya Staff Pension Fund & Barclays Bank of Kenya [2015] KEHC 1454 (KLR)
✦ The applicants have met the conditions for grant of judicial review orders, and an order of certiorari and prohibition will be issued.
-
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.
-
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.
-
Ouma Njoga And Company Advocates v Raphael Oketch Ogonji [2015] KEHC 1467 (KLR)
✦ The Advocate/Respondent's application is dismissed and the Client/Applicant shall bear the costs.
-
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.
-
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.
-
J O O v Republic [2015] KEHC 8526 (KLR)
✦ The conviction is affirmed and the appeal is dismissed save that the sentence of life imprisonment is set aside and substituted with a sentence of 10 years imprisonment.
-
Republic v James Onserio Ochochi [2015] KEHC 1303 (KLR)
✦ The court revised the bail terms to allow the accused to be released on his own bond of Ksh.500,000 with two sureties, and required him to appear for court appearances every 30 days.
-
Benson Anyona Ombaki & 5 others v Republic [2015] KEHC 8346 (KLR)
✦ The appeals of the 1st to 4th Appellants are dismissed, and their sentences are upheld. The additional sentence of twelve (12) months imprisonment of the 1st Appellant is set aside. The appeals of the 5th and 6th Appellants are allowed, and their conviction is quashed. The sum of Kshs.70 million deposited in Equatorial Bank shall be refunded to the Ministry of Education within seven (7) days of the judgment of this court.
-
Cattani Alberto v Kenya Revenue Authority & 2 others [2015] KEHC 1554 (KLR)
✦ No violation of constitutional rights
-
Malkit Singh Pandhal v N.I.C Bank Limited & another [2015] KEHC 1552 (KLR)
✦ The application is dismissed with costs. The interim orders are hereby vacated.
-
Esther Chepkirui Masit v Albert G Too & 2 others [2015] KEHC 1215 (KLR)
✦ The application for injunction is dismissed with costs as the plaintiff has not demonstrated a prima facie case with a probability of success.
-
David Ndegwa Githinji & another v Regina Wambui Githinji [2015] KEHC 7891 (KLR)
✦ Application dismissed for want of merit
-
Lucy Muthoni Mucaki v Fridah Nyaguthii [2015] KEHC 1396 (KLR)
✦ The award for general damages of Kshs.650,000/= is set aside and substituted with Kshs.450,000/=. The award is reduced by 25% (Kshs.112,500) and special damages of Kshs.51,906/=. The appellant is ordered to pay Kshs.389,406/= to the respondent plus costs and interests.