Kenyan case law
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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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Republic v Resident Magistrate & 2 others Ex Parte Kavit Handa [2017] KEHC 9579 (KLR)
✦ The Court held that the applicant had the onus to show exceptional circumstances to be exempted from resorting to available remedies. The Court found that the applicant did not meet this burden.
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M S v Republic [2017] KEHC 2241 (KLR)
✦ The appeal is dismissed. The conviction and sentence are upheld.
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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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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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Kenindia Assurance Co. Limited v Alice Mugure Kimani t/a A. M. Kimani & Co Advocates [2017] KEHC 9613 (KLR)
✦ Application to lift stay of execution is allowed
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Lawrence Omondi Owuor v Republic [2017] KEHC 2336 (KLR)
✦ The sentence of two years imprisonment is set aside and replaced with a fine of Kshs.60,000 or 12 months imprisonment in default.
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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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Simon Erot Nakale v Repbulic [2017] KEHC 606 (KLR)
✦ The conviction and sentence are upheld.
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Joseph Oyugi Magwanga & another v Independent Electoral and Boundaries Commission & 3 others [2017] KEHC 10124 (KLR)
✦ The application dated 6th September 2017 is partly allowed, and the application dated 5th October 2017 is dismissed with costs.
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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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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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Republic v Kenya School of Law; Council of Legal Education (Interested Party); Marai (Ex parte) (Judicial Review 529 of 2017) [2017] KEHC 2571 (KLR) (Judicial Review) (7 November 2017) (Judgment)
✦ The Court dismissed the application, finding that the applicant is not eligible for admission to Kenya School of Law under the Act.
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Martin Muchangi Njeru v Director of Public Prosecutions [2017] KEHC 733 (KLR)
✦ The sentences of ten years were within the law and there was no irregularity, impropriety, or mistake to warrant revision.
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Kenya Forest Service v Republic [2017] KEHC 690 (KLR)
✦ The donkeys are hereby forfeited to the Kenya Forest Service and should be sold by Public Auction
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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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Republic v John Ndirangu Kirathi [2017] KEHC 2359 (KLR)
✦ The conviction and sentence in Criminal Case 777 of 2017 are quashed. The proceedings are quashed for being irregular.
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Naftali Amiru v Servitel Supplies Ltd & another [2017] KEHC 1232 (KLR)
✦ The appeal is allowed. The judgment and decree of the lower court is hereby set aside and substituted by an order of entry of judgment in favour of the appellant and against the respondent.
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Mercy Achieng Mola & another v Raphael Bitta Sauti Wanjala & 2 others [2017] KEHC 2582 (KLR)
✦ Partial scrutiny of votes in specific polling stations is allowed
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Joshua Njiri v Republic [2017] KEHC 1200 (KLR)
✦ The High Court has both revisionary power and supervisory jurisdiction under the CPC and the Constitution to call and examine the record of any proceedings of a subordinate court or tribunal.
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Priscah Njeri Kamau v Raymond O. Oigara & 2 others [2017] KEHC 1440 (KLR)
✦ The court allows the motion to extend the filing time and find the plaint properly on record.
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Priscah Njeri Kamau (Suing as administrator and personal representative of the Estate of Nicholas Gideon Kamau) v Raymond O. Oigara & 2 Others [2017] KEHC 1339 (KLR)
✦ The court awards the plaintiff the sum of ksh.2,331,230/=
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Republic v Stephen Maranga Nyagakwa [2017] KEHC 681 (KLR)
✦ The accused is entitled to be released on reasonable bail terms as provided under Article 49 of the Constitution.
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Judy Njura Kathuri & another (suing as the legal representative and administratrix of the estate of Thomas Vuhiru Agade v Kenya Power & Lighting Company Limited [2017] KEHC 572 (KLR)
✦ The court held that the deceased died due to electrocution and that Kenya Power and Lighting was responsible for the incident.
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Njenga v Kenya School of Law [2017] KEHC 2158 (KLR)
✦ The Court finds that applicants who obtained LLB degrees from local universities are not exempted from sitting Pre Bar examination and that regulation 6 of the Regulations contravenes Section 16 of the Act as read with paragraph 1(a) of the Second Schedule to the Act.