Kenyan case law
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Republic v Wilberforce Kosgei Bett [2017] KEHC 2573 (KLR)
✦ The renewed application for bail is rejected due to the likelihood of witness interference and confrontation with family members and the community.
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Pekatewa Investments Company Limited v NIC Bank Limited [2017] KEHC 9611 (KLR)
✦ The judgment should be set aside and the amended defence admitted as the Defendant filed the amended defence out of time.
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Joseph M’ Mukira v Ciomugwika Thumaita & 10 others [2017] KEHC 2093 (KLR)
✦ The appeal is dismissed. All 11 sons of the deceased shall share the estate property equally.
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Republic v Kennedy Muriera John [2017] KEHC 1944 (KLR)
✦ The second accused is admitted to bond with a bond of KShs.250,000/- with a surety of a similar amount.
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Ali Odhiambo Okaroni & another v Republic [2017] KEHC 2337 (KLR)
✦ The sentences are affirmed, but the failure to sentence on each limb is corrected
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Republic v J K W & another [2017] KEHC 2252 (KLR)
✦ The sentence for the 1st Respondent is set aside due to his age. The minors are committed to Getathuru Reception Center and Shikutsa Borstal Institution for rehabilitation.
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Andrew Chitua John v Republic [2017] KEHC 2311 (KLR)
✦ The appeal is dismissed as the appellant was sentenced to the minimum sentence provided by law.
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British-American Insurance Company (Kenya) Limited v T N M (A minor suing through his mother and Next friend A N O) [2017] KEHC 9617 (KLR)
✦ The application is dismissed with costs as the applicant has failed to meet one of the conditions for the grant of stay of execution.
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Makupa Ndege v Republic [2017] KEHC 2329 (KLR)
✦ The fine and imprisonment sentence for Count II are set aside as illegal, but the conviction and sentence for Count I are upheld.
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Republic v National Transport Services Authority Ex-Parte Extra Solutions Ltd [2017] KEHC 2112 (KLR)
✦ The court has residual jurisdiction to review its own orders in judicial review proceedings, and the exparte applicant’s notice of motion for leave dated 24th May 2017 is reinstated and heard inter partes.
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Joseph Okumu v Republic [2017] KEHC 2358 (KLR)
✦ The appeal is successful in quashing the conviction and sentence on the alternative charge.
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Keza Limited v Cabinet Secretary, Ministry of Interior and Coordination of National Government & 2 others [2017] KEHC 9514 (KLR)
✦ The High Court does not have jurisdiction to hear the petition as it falls under the exclusive jurisdiction of the Supreme Court under Article 165(2)(b) of the Constitution.
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Millitonic Mwendwa Kimanzi Kitute v Independent Electoral And Boundaries Commission & 2 others [2017] KEHC 2575 (KLR)
✦ The Court dismissed the application for scrutiny of KIEMS information.
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In re Estate of Martha Kanyai M’Impwi (Deceased) [2017] KEHC 2418 (KLR)
✦ A surveyor will be appointed by the parties to provide a scheme of subdivision of NYAKI/KITHOKA/2235 which enables each beneficiary to have the benefit of the flat and the hilly parts of the estate property.
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Andrew Kereti v Republic (Criminal Appeal 14 of 2017) [2017] KEHC 2437 (KLR) (7 November 2017) (Judgment)
✦ The appeal is dismissed as the sentence of 4 years imprisonment is not harsh.
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Republic v Public Procurement Administrative Review Board & 3 others Ex-parte Furniture Elegance Limited [2017] KEHC 906 (KLR)
✦ The court granted the exparte applicant’s application for certiorari and prohibition, quashing the decision of the PPARB and prohibiting the second respondent from acting upon the decision or signing any contract with any persons or entities other than the applicant.
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Isoe Ochoki Andrew Mingate v Independent Electoral and Boundaries Commission & 2 others [2017] KEHC 2596 (KLR)
✦ The court dismissed the petition and ordered the 3rd respondent, Arama Samuel, to be declared the validly elected Member of the National Assembly.
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Kennedy Mugendi Njagi v Republic [2017] KEHC 225 (KLR)
✦ The conviction and sentence are quashed, and a retrial is ordered before a different magistrate at Runyenjes Court within three months.
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Bhogals Garage Limited v Shukhwinder Singh Jutley Purporting to Trade as Sukako Transporters Limited and/or Sukako Limited & 2 others [2017] KEHC 528 (KLR)
✦ The suit is time barred, and the cause of action arose on the date of breach, 31st March 1993.
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Eric Ng’ang’a & another v Nairobi Liquor Board - Dagoreti North Sub County Alcoholics Drink Control and Licensing Committee & another [2017] KEHC 2078 (KLR)
✦ The court finds and holds that prayer No. 1 of the notice of motion is incompetently filed as leave to apply for the said prayer challenging the 1st respondent's decision made on 9th January 2017 was rejected by the court on 15th February 2017. The prayer No. 1 is accordingly struck out.
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John Chikamai v Republic [2017] KEHC 1077 (KLR)
✦ The appeal is dismissed as the conviction was based on sound evidence.
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Lucas Changwony & 6 others v Stanley K. Chebiator [2017] KEHC 1975 (KLR)
✦ Respondent’s notice of motion for dismissal of appeal is disallowed. Appellants shall pay respondent thrown away costs of Kshs 20,000 and ensure appeal is placed before a judge in chambers for directions and listed for hearing within 90 days.
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Joseph Oyugi Magwanga & another v Independent Electoral and Boundaries Commission & 3 others [2017] KEHC 10123 (KLR)
✦ The application dated 6th September 2017 is partly allowed, while the application dated 5th October 2017 is dismissed with costs.
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Eldoret Packers Limited v Kieru Chege [2017] KEHC 2100 (KLR)
✦ The appeal is partly successful. The liability of the appellant is dismissed. The award of general damages is set aside and reduced to Kshs 40,000.
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M W v Republic [2017] KEHC 9730 (KLR)
✦ The sentence is set aside and the Appellant is ordered to be set free.