Kenyan case law

Daniel Mutunga Munyao v Republic [2020] KEHC 1903 (KLR)

✦ The applicant's application is allowed, and the sentences shall commence from the date of arrest, 22.11.2018.

Edward Mwangi Macharia v Maina & Maina Advocates [2020] KEHC 1904 (KLR)

✦ The appellant's application for stay is dismissed with costs

Dorister Muloko Makau v Stephen Gachimu & another [2020] KEHC 1852 (KLR)

✦ The appeal is allowed, and the suit is reinstated on priority basis by another magistrate.

Benjo (K) Limited v James Kimani Gatiba (Suing in his capacity as the Administrator of the estate of Geoffrey Katiba Kimani(Deceased) [2020] KEHC 1900 (KLR)

✦ The appeal should not be dismissed for want of prosecution.

David Cheruiyot & another v W.K Ngenoh t/a W.K Lessan & Co. Advocates [2020] KEHC 1771 (KLR)

✦ The reference is dismissed with orders that each party bear its own costs.

Dalu Company Ltd & 2 others v I&M Bank Ltd & another [2020] KEHC 1818 (KLR)

✦ The Court dismissed the applications to set aside the settlement agreement and directed parties to appear before the Taxing Officer to determine auctioneers fees.

AL Ginza Automobiles Limited v Cyrus Nderitu Kariuki & another [2020] KEHC 1929 (KLR)

✦ The motion is allowed, and the applicant is granted leave to appeal out of time and an order for stay of execution of the decree pending the appeal.

Gumchem (K) Limited v Young Traders Limited & another [2020] KEHC 1916 (KLR)

✦ Special damages of Kshs.11,090,530 are awarded, and costs of the suit are granted.

Equity Bank Limited v Conier Limited & 2 others [2020] KEHC 1822 (KLR)

✦ The application to set aside the interlocutory judgment is granted, and the applicants are granted a hearing on their issues.

Bulent Gulbahar & anotherv Fidelity Security Limited & 2 others [2020] KEHC 1924 (KLR)

✦ The defendants' defence is deemed as duly filed with leave of court

Eliud Njua Njuma v Registrar of Societies;Paul Watoro Gichu & 7 others(Interested Parties) [2020] KEHC 1199 (KLR)

✦ The application for stay will be heard inter partes, and the only aspects of the previous ruling that can be reviewed are the timelines for the hearing of the stay prayer.

Ahmed Rashid Jabril & another v Director of Public Prosecutions [2020] KEHC 1200 (KLR)

✦ The court dismisses the application for revision, finding that the action of the applicant of withdrawing the criminal case before the subordinate court is not in furtherance of the constitutional objective of public interest, interest of administration of justice and the need to avoid abuse of the legal process.

Dorah Hellen Akinyi Aloo & another (Suing as the Legal Representatives of the Estate of Jack Opiyo Gitau-Deceased) v Simon Gakahu Murimi & 2 others [2020] KEHC 1919 (KLR)

✦ The appeal is allowed in respect to the award on damages for loss of dependency, and a global award of Kshs.1,200,000/ is made in favor of the appellant as loss of dependency.

Kiprotich Langat & 8 others v Social Service Officer, Londiani & 9 others [2020] KEHC 1774 (KLR)

✦ The application is dismissed as the orders for status quo expired on 15/10/2020 and the substantive suit is yet to be heard.

Registered Trustees of the Sisters of Mercy Trading as the Mater Hospital v Joyce Njeri Mukururi (Suing as the Mother and Next Friend of Anna Marie Waithira) (Civil Appeal 511 of 2014) [2020] KEHC 1918 (KLR) (Civ) (6 November 2020) (Ruling)

✦ The appeal is still pending and the motion is dismissed with costs

Alfred Kaingu Nguwa v Ali Dzivo Saha & Rehema Ali Dzivo (Both suing on behalf of the estate of Rashid Joha Dzivo (Deceased) [2020] KEHC 1808 (KLR)

✦ The Court found the trial court's assessment of damages to be manifestly excessive and erroneous.

Republic v Public Procurement Administrative Review Board & 2 others; China Communications Services International Limited & 2 others (Interested Parties) Soliton Telmec Limited (Ex Parte) [2020] KEHC 628 (KLR)

✦ The ex parte Applicant is entitled to the leave sought to commence judicial review proceedings against the Respondent.

Ramogi & 3 others v Attorney General & 4 others; Muslims for Human Rights & 2 others (Interested Parties) (Constitutional Petition 159 of 2018 & 201 of 2019 (Consolidated)) [2020] KEHC 10266 (KLR) (6 November 2020) (Judgment)

✦ The Impugned Directives are constitutionally invalid and are quashed. The Take or Pay Agreement is in violation of Articles 10 and 47 of the Constitution.

Director of Public Prosecutions v Charles Njogu Kamande [2020] KEHC 1405 (KLR)

✦ The court denies the application for bail as the prosecution has established at least one compelling reason (absconding) that justifies the denial of bail.

Ahmednasir Maalim Abdullahi v Njeri Thorne [2020] KEHC 1838 (KLR)

✦ The court granted the injunction and mandatory injunction against the defendant and awarded costs to the plaintiff/applicant.

Rodgers Mugumya v Stegro Sacco Limited [2020] KEHC 1759 (KLR)

✦ The application is dismissed as res judicata and the issues raised in the application are not merited.

Republic v Josea Kipngeno Mutai [2020] KEHC 1719 (KLR)

✦ The court acquitted the accused of murder as the prosecution failed to prove the accused's guilt beyond reasonable doubt.

NIC Bank Limited v Obae John Kebaso [2020] KEHC 1910 (KLR)

In the Matter of W. K. Ngeno t/a Ngenoh Lessan & Co. Advocates v Joseph Kipsigei Biegon & another (Suing as personal representatives of the estate of the late Kipyegon Sang [2020] KEHC 1728 (KLR)

✦ The court finds merit in the application and sets aside the ruling on the taxation of costs, directing a fresh taxation before a different taxing master.

Rachuonyo & Rachuonyo Advocate v National Bank of Kenya Limited [2020] KEHC 1779 (KLR)

✦ The application for leave to amend the Bill of Costs is denied and dismissed. The application for declaration that the Taxing Officer lacks jurisdiction to tax the Bill of Costs is granted as the Service Level Agreement amounts to a Retainer Agreement.