Kenyan case law
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In re Estate of Simon Kibaara Mutegi (Deceased) [2019] KEHC 1482 (KLR)
✦ The court sets aside the claims of Njeru and Kelwon for 15 acres and 4 acres respectively, and orders them to pursue their claims in the Environment and Land Court.
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Kimalel Narike Lojan v Republic [2019] KEHC 1503 (KLR)
✦ The court upholds the conviction and sentence for rape. The court calls for a pre-sentence report.
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Republic v Hosea Kipchirchir Tanui [2019] KEHC 2020 (KLR)
✦ The court finds the accused guilty of Manslaughter and reduces the charge from Murder.
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Clearwater Industries v First Community Bank Limited; Rural Power Solutions Limited (Third Party) [2019] KEHC 180 (KLR)
✦ The irregularity is curable and does not prejudice the plaintiff. The defence dated 10th July 2019 is deemed as duly filed.
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Charles Mutuku v Republic [2019] KEHC 12137 (KLR)
✦ The appeal is dismissed. The conviction and sentence are upheld.
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Nicholas Shivachi Mboya v Republic (Miscellaneous Criminal Application 531 of 2019) [2019] KEHC 12203 (KLR) (Crim) (25 November 2019) (Ruling)
✦ The Applicant’s application is allowed. The Applicant is granted leave to file appeal out of time. Appeal must be filed and served within 14 days.
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Savannah Hardware v EOO (Suing As representative of SO (deceased) (Civil Appeal 13 of 2019) [2019] KEHC 269 (KLR) (25 November 2019) (Judgment)
✦ The appeal against liability is dismissed. The appeal against quantum is allowed to the extent that the special damages in the sum of KShs.492,700/- is set aside and substituted with an award of KShs.361,950.
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Nzioka Ndeti Nicholas & another v Esther Ndunge Manthi [Suing as the Legal Representative of the Estate of Stephen Manthi Malile (Deceased) [2019] KEHC 1012 (KLR)
✦ The trial court's award of damages was upheld, and the Appellants' challenge to the quantum of damages was dismissed.
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Kennedy Kiman Njeru v Republic [2019] KEHC 1177 (KLR)
✦ The sentence is set aside and substituted with an order that the applicant shall pay a fine of Kshs. 400,000/= in default serve one year imprisonment
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In re SSS & NSS [2019] KEHC 12081 (KLR)
✦ The court directs the applicants to amend their application to substitute the applicants with their adoptive parents and recognizes the adoption in Kenya under Kenyan laws.
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In re Estate of Fredrick Polwarth Kibuthu Kubai (Deceased) [2019] KEHC 12153 (KLR)
✦ The Applicants are granted leave to appeal and a stay of execution pending the appeal.
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Mahan Limited v Villa Care Limited [2019] KEHC 1341 (KLR)
✦ The Court declines the setting aside summons of 2nd May 2018 and allows the enforcement summons of 9th October 2018 with costs.
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In re Estate of David Kamau Mbaria (Deceased) [2019] KEHC 1472 (KLR)
✦ The court confirmed the grant of letters of administration to the Petitioners, Mary Wairimu Kamau and Afrohios Njoroge Kamau, partially with the following orders: Kabete/Gikuni/T.86 was held by the deceased in trust for himself and his brother Peter Boro, the 1st Protestor herein as per affidavit filed on 20th June 2017. Peter Boro is entitled to half a share of Kabete/Gikuni/T.86. The remaining share shall constitute the net intestate estate of the deceased available for distribution to the widow and children of the deceased. Kabete/Nyathuna/205 was subdivided into Kabete/Nyathuna/1965 and Kabete/Nyathuna/1962. Kabete/Gikuni/T.17 is not available for distribution as there is a pending dispute over its ownership.
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Oceanic Oil Limited v Standard Chartered Bank Kenya Ltd [2019] KEHC 1807 (KLR)
✦ The Application for temporary injunction is dismissed with costs.
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Rosemary Atieno Tolo v Raffman David Bryan and Virdee Singh Davindrpal t/a Raffman Dhanji Elms & Virdee Advocates & another [2019] KEHC 1629 (KLR)
✦ The Plaintiff’s entire case against the Defendants is dismissed with costs.
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Michael Biwot Segerot v Republic [2019] KEHC 1977 (KLR)
✦ The appeal is dismissed, and the sentences are altered to run concurrently.
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Mwananchi Credit Limited v Anerlisa Muigai [2019] KEHC 1654 (KLR)
✦ The Court grants the Defendant's application to join the third party Ben Kangangi and orders that the Notice to 3rd Party shall be served within the requisite period to the intended 3rd Party who shall file appropriate and relevant pleadings to the claim.
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Consolidated Bank of Kenya Limited v Jockbed Njeri Muriithi t/a Njesh Enterprises [2019] KEHC 12411 (KLR)
✦ The appeal is allowed, the order of injunction is set aside, and the respondent’s Notice of Motion is dismissed. The appellant is ordered to pay the costs of the application and appeal.
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Kenneth Nzae v Republic [2019] KEHC 2114 (KLR)
✦ The court found that the prosecution did not discharge the burden of proof beyond reasonable doubt and that the appellant's defence was not rebutted.
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MS v JNM [2019] KEHC 1556 (KLR)
✦ The Appellant meets the conditions for grant of stay and the orders issued on 19.9.2019 are hereby granted pending the hearing and determination of the appeal.
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Aloona Industries Kenya Limited v Crown Beverages Limited [2019] KEHC 1826 (KLR)
✦ The appeal is dismissed with costs to the respondent
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Simon Imbayi Kubasu v James Ngari Mwangi [2019] KEHC 211 (KLR)
✦ The application is dismissed with costs to the respondent.
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Byron Trustkett Investments Limited v Sport Stadia Management Board; Standard Chartered Bank (Ruaraka Branch) (Garnishee/Respondent) [2019] KEHC 12412 (KLR)
✦ The Court directs parties to jointly appoint an accountant to audit the debt and report on what has been paid and what amount, if any, is due.
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Peter Charles Kirori v Rose Muthoni Mwaura (Miscellaneous Application 22 of 2019) [2019] KEHC 817 (KLR) (Civ) (22 November 2019) (Ruling)
✦ The Court granted a temporary injunction restraining the Respondent from demolishing, transferring, selling, charging, leasing, or in any way dealing with the properties pending the hearing and determination of the Application.
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Erine Campbell Company Limited v Gighugu Housing Co-operative Society Limited [2019] KEHC 1562 (KLR)
✦ The Motion is premature and the same is hereby struck out with no order as to costs. However, the parties are at liberty to move the court appropriately in respect to the question of accounts.