Kenyan case law

Isaac Obongo Onyinywa v Republic [2016] KEHC 8285 (KLR)

Anthony Muchina Njoroge v Republic [2016] KEHC 8314 (KLR)

✦ The sentence of 2 years imprisonment is set aside and the Applicant is set free

Mohamed Nasir Said & 2 others v Republic [2016] KEHC 1724 (KLR)

✦ The court reviews the orders of the trial court, sets aside the conviction and sentence imposed on each of the three, and instead finds each of the three guilty of the offence charged. Each is ordered to pay a fine of Kshs 50,000/= and render community service under the supervision of the Probation Officer at Wajir for a period of three (3) months each.

Abdirizack Muktar Edow v Republic [2016] KEHC 8327 (KLR)

John Kibicho Thirima v Emmanuel Parsmei Mkoitiko [2016] KEHC 238 (KLR)

✦ The court held the defendant liable for the accident and awarded damages to the plaintiff.

Munyaka Kuna Co. Limited v Joseph Kimani Herman & 6 others [2016] KEHC 1123 (KLR)

✦ The application is dismissed with costs to the defendants.

In re estate of Muli Ndambo Wambate (Deceased) [2016] KEHC 707 (KLR)

✦ The application for reinstatement of the cause of action is allowed.

David Kariuki Wanuthu v Republic [2016] KEHC 1467 (KLR)

Aden Abdille Dullo v Republic [2016] KEHC 629 (KLR)

✦ The appeal is allowed, conviction and sentence are quashed, and the appellant is set at liberty.

Erastus Mbaabu & another v M'mburugu M'rinkanya & 9 others [2016] KEHC 688 (KLR)

✦ The caution registered against the land parcel NO.TIGANIA/TEA SCHEME THANANGA/38 is removed.

Nicholas Kipsigei Ngetich & 6 others v Republic [2016] KEHC 1507 (KLR)

✦ The principle of double jeopardy does not apply as the charges are not the same, and the evidence required to prove the charges is different.

Robert Psinon v Republic [2016] KEHC 1033 (KLR)

✦ The appellant's appeal is summarily rejected and dismissed.

David Mwangi Ndungu v Republic [2016] KEHC 1286 (KLR)

✦ The conviction and sentence of death are quashed, and the appellant is set at liberty

Ricrac Company Ltd & another v Kenya National Highways Authority & another [2016] KEHC 1969 (KLR)

✦ Petitioners are entitled to orders pending the hearing and determination of the petition.

Republic v Naru Ole Saguda [2016] KEHC 1961 (KLR)

✦ The court finds that a prima facie case has been made out by the prosecution against the accused to warrant him to be put on his defence.

Republic v Daniel Ngige Waithera [2016] KEHC 1047 (KLR)

✦ The court finds that the accused's statement was voluntarily made and in compliance with the Evidence Act, and thus admissible as evidence.

Republic v Philip Ndungu Kariuki [2016] KEHC 1371 (KLR)

✦ The court finds that the accused was not fit to plead and that no prima facie case was made out, thus entering a verdict of 'Not Guilty' and acquitting the accused.

Peter Wanjohi Mbogo v Republic [2016] KEHC 1935 (KLR)

✦ The court of appeal upheld the lower court's decision but remitted the appeal back to the High Court for fresh hearing by a properly constituted bench.

Republic v Wyclife Wafula Namaswa [2016] KEHC 1334 (KLR)

✦ The accused is placed on his defence.

Nation Newspaper Limted v Simon Muruchi Thinga [2016] KEHC 125 (KLR)

✦ The defendant has a right to know the case against him as provided by the Constitution 2010 or Rules of natural justice

Lawrence Otieno Ochacho v Republic [2016] KEHC 1980 (KLR)

✦ The charge of threatening to murder was not proved, and the conviction is quashed.

Richard Gwako & another v Republic [2016] KEHC 1336 (KLR)

✦ The court found overwhelming evidence to prove the grievous harm and that the identification of the appellants was free from error.

Nicholas Kipsigei Ngetich & 6 others v Republic [2016] KEHC 1160 (KLR)

✦ The principle of double jeopardy does not apply to the second trial for Attempted Murder as the charges are distinct and require different evidence.

Paskal Imbinda Omamo & another v Commission of Administrative Justice & 4 others [2016] KEHC 1316 (KLR)

✦ The application has merit and the 1st Respondent is removed from the proceedings

Mathira Water & Sanitation Company Limited v Steve N. Murimi & 3 others [2016] KEHC 1904 (KLR)

✦ An order of injunction was issued restraining the defendants from interfering with the plaintiff's water intake and supply.