Kenyan case law

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.

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.

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.

John Kipkoros Kilel v Omar Juma & 6 others [2020] KEHC 1732 (KLR)

✦ The application is dismissed with costs to the Plaintiff/Respondent as the defendants have not demonstrated a triable issue.

Mathew Kipruto v Republic [2020] KEHC 1857 (KLR)

✦ The appeal is dismissed. The conviction and sentence are upheld.

ASL Credit Limited v Limuru Hills Limited & 2 others [2020] KEHC 10274 (KLR)

✦ The court strikes out the defendants' defence and enters judgment for the plaintiff.

John Maringa v Harambee Sacco Society Ltd (Civil Appeal 25 of 2020) [2020] KEHC 1120 (KLR) (5 November 2020) (Judgment)

✦ The Tribunal's decision on eligibility was incorrect and the appeal is upheld

Kenya Tea Packers Company Limited v Hezron Getuma t/a Hegeons Auctioneers [2020] KEHC 1547 (KLR)

✦ The application for a stay of execution is allowed on condition that the entire decretal sum is deposited either in court or in an interest earning account in the joint names of Counsel for the parties within 30 days of this ruling.

Molline Traders Limited & another v Tourism Regulatory Authority & 4 others [2020] KEHC 10433 (KLR)

✦ The Tourism Act is not unconstitutional and invalid in its definition of 'Restaurant' and the requirement for a 'Restaurant' to have a Tourism License.

Patrick Kanai Waweru v George Ogwella & another [2020] KEHC 1835 (KLR)

✦ The court finds the 2nd Defendant's application incompetent and an abuse of the court process. The court grants orders to produce insurance policy documents and confirm the 2nd Defendant's representation in the suit.

Richard Kibet Kebenei & 2 others v Veronica Muhonja Mugailwa [2020] KEHC 1116 (KLR)

✦ The appeal is dismissed with costs to the respondent, with the exception of the award for loss of earning capacity which is set aside.

Dennis Michuki Willie v Barclays Bank Kenya Limited [2020] KEHC 10275 (KLR)

✦ The plaintiff's suit is dismissed, and the parties are ordered to reconcile and ensure the calculation does not go against the in duplum rule.

Monyoro Mong'are Shem & Nicholas Mong'are v Rose Kebaki (Civil Appeal 3 of 2020) [2020] KEHC 1610 (KLR) (5 November 2020) (Ruling)

✦ The court dismissed the application and ordered that the appeal proceedings be stayed until the appellants comply with the Chief Magistrate's court stay condition.

JWM v ANKW [2020] KEHC 10259 (KLR)

✦ The respondent shall absolutely keep and be registered in respect of plot No. D-****- Dandora Area 4 – Nairobi; the applicant shall absolutely keep and be registered in respect of LR No. **** - South Ruiru, Kiambu township; and the respondent shall be registered in respect of House No. H **** – Umoja Estate Phase I to hold in trust for herself (80%) and for their daughter (20%).

Monyoro Mong'are Shem & another v Timothy Nyagaka Nyagaka [2020] KEHC 1530 (KLR)

✦ The court dismissed the application and ordered that the appeal proceedings be stayed until the appellants comply with the Chief Magistrate's court stay condition.

MMM v LOO [2020] KEHC 10256 (KLR)

✦ The ruling/judgment entered on 23rd October 2018 is hereby set aside due to the court's mistake.

Rowlands Ndegwa & 4 others v County Government of Nyeri & 3 others; Agriculture, Fisheriers and Food Authority & another (Interested Parties) [2020] KEHC 1939 (KLR)

✦ The application for the dismissal of the petition for want of prosecution is without merit

Republic v Attorney General & another;Ex Parte Jesse Gitau [2020] KEHC 1791 (KLR)

✦ The application is dismissed

Kenya Bankers Association v Attorney General & another; National Assembly (Interested Party) [2020] KEHC 10263 (KLR)

✦ The retroactive imposition of increased excise duty on fees charged by banks is unconstitutional.

Attorney General & 4 others v Abraham Kithinji Ireri [2020] KEHC 1708 (KLR)

✦ The interlocutory judgment is set aside, and the case is transferred back to the subordinate court for hearing and determination.

Asl Credit Limited v Highgrove Holdings Limited & 2 others [2020] KEHC 10285 (KLR)

✦ The court strikes out the defendants' Statement of Defence and enters judgment for the plaintiff.

LWM v HMT [2020] KEHC 1825 (KLR)

✦ Preliminary objection dismissed, applicant's application for opening the shop is allowed

Francis Mulinge Kiio v Kam Sacco Limited & another [2020] KEHC 1964 (KLR)

Republic v Benjamin Matheka Musela & another [2020] KEHC 1960 (KLR)

✦ The court found the prosecution failed to prove the elements of murder and dismissed the charges.

Chalbi Gardens Limited & another v Joseph Mwaniki Kiaraho & 6 others [2020] KEHC 10270 (KLR)

✦ The judgment and decree of 12th July 2018 are set aside, and a temporary injunction is issued.