Kenyan case law

D K K v Senior Resident Magistrate Nairobi Children Court & another [2014] KEHC 8445 (KLR)

✦ The Children Act governs children-related matters, and the court has jurisdiction to hear and determine issues related to adoption. The court dismisses the application and returns the case to the Children's Court.

Cyprian Chibile Omukamani v Registrar Of Motor Vehicle & another [2014] KEHC 887 (KLR)

Jonas Sergi v Republic [2014] KEHC 8467 (KLR)

✦ The order requiring the applicant to be repatriated to Burundi is reversed and set aside. An order is substituted requiring the OCS Buru Buru Police Station to surrender custody to UNHCR and the Commissioner for Refugee Affairs for transfer to Kakuma Refugee Camp.

David Riitho Gathanju & another (Suing on Behalf of the Presbyterian Church of East Africa) v David Muhia Githii & 2 others [2014] KEHC 1235 (KLR)

Peter Kariuki Njoroge v Hannah Nduta Njuguna [2014] KEHC 1579 (KLR)

✦ The application for review is dismissed with costs.

Republic v Leah Muthoni Ikenye [2014] KEHC 8473 (KLR)

✦ The accused is ordered released on bail pending the hearing and determination of the case.

Republic v Funyula Land Dispute Tribunal Busia Principal & 2 others [2014] KEHC 1935 (KLR)

✦ The court finds that the Exparte Applicant cannot challenge the validity of the Provincial Land Dispute Appeals Committee, Western Province's award and cannot challenge the leave granted for the application for certiorari against the Funyula Land Dispute Tribunal's decision.

Republic v Director of Land Adjudication & another ex-parte Stanely Mbiuki [2014] KEHC 1954 (KLR)

✦ The application is dismissed with costs, and the ex-parte Applicant is ordered to file further submissions on the substantive notice of motion.

Republic v Joel Mainga Muthembwa [2014] KEHC 1389 (KLR)

✦ The application for bail is denied due to the risk of interference with witnesses and the potential for the accused to abscond.

Daniel Mugala Mudavadi v Moses Lanogwa Kavagi & another [2014] KEHC 914 (KLR)

✦ The court granted an interim injunction restraining the respondents from alienating, selling, or interfering with the applicant's structures and land.

Republic v Disciplinary Tribunal of the Law Society of Kenya & another Ex-parte John Wacira Wambugu [2014] KEHC 1977 (KLR)

✦ The application is misconceived and dismissed with costs.

Erick Kimingichi Wapang'ana v Isaac Zacharia Mulati & 2 others [2014] KEHC 1934 (KLR)

✦ The court sets aside partially the order requiring the auctioneer to release the motor vehicle

Mereka & Company Advocates v Zakhem Construction (Kenya) [2014] KEHC 1257 (KLR)

✦ The advocate's application lacks merit and is dismissed with costs.

Equity Bank Limited v Bryan Yongo & another [2014] KEHC 1970 (KLR)

✦ The application for committal for contempt is upheld

Paul Mutua Musau & 6 others v Secretary Nairobi City County Government & another [2014] KEHC 8427 (KLR)

✦ The application was not properly made as the 'application notice' should have been made in the proceedings in which the judgement or order was made.

County Government of Nyeri v National Environment Management Authority [2014] KEHC 8443 (KLR)

✦ The suit is struck out as the plaintiff has approached the court not through Judicial Review but a civil suit.

Samuel Abraham Lehango v Republic [2014] KEHC 1094 (KLR)

✦ The appeal is dismissed

Khalid Abdallah Abdulrehman v Republic [2014] KEHC 2028 (KLR)

✦ The appellant is fit for bond pending appeal with a bond of Kshs. 500,000/= with one surety of similar amount.

Lizzy Harufa Abia v Republic [2014] KEHC 473 (KLR)

✦ The one year imprisonment sentence is hereby reviewed to the period already served. The accused shall be set at liberty unless otherwise lawfully held.

Komora Beka Kuchia v Republic [2014] KEHC 2041 (KLR)

✦ The conviction and sentence are reversed, and the case is remanded for retrial in a Magistrate's Court.

Republic v Jason Rioba Asango & 2 others [2014] KEHC 315 (KLR)

✦ The court reduced the bond amount to Kshs. 1,000,000 and maintained the other terms

Esther Shaduma v Rose Amukwiri &Attorney;-General (Miscellaneous Civil Application 114 of 2012) [2014] KEHC 1154 (KLR) (5 November 2014) (Judgment)

✦ The application is dismissed as unnecessary and an abuse of process. The applicant and her late husband were heard in every forum and should await the Court of Appeal to determine the matter.

Devki Steel Mills Ltd v Jared Osodo [2014] KEHC 1558 (KLR)

✦ The court upheld the judgment of the Milimani Chief Magistrate's Court.

Muthiani Mwania v Republic [2014] KEHC 1077 (KLR)

✦ Conviction upheld, sentence for Count 1 and 2 reduced to six years each, to run consecutively with the original sentence.

Ali Kassim v Republic [2014] KEHC 2044 (KLR)

✦ The conviction and sentence are reversed, and the appellant is ordered to be retried by a court of competent jurisdiction