Kenyan case law
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Moses Yamaa v Republic [2013] KEHC 1769 (KLR)
✦ The main charge of defilement was proved beyond reasonable doubt, and the appellant was properly convicted on the alternative charges of indecent acts with the two minors.
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Jairo Alela Abuheri v Filister Omukhenje Mukuywa & another [2013] KEHC 1791 (KLR)
✦ The plaintiff has proved his case and acquired ownership of plot number BUTSOTSO/INDANGALASIA/1133 by way of adverse possession. The transfer of the land to the 2nd defendant is hereby cancelled and the land shall be registered in the names of the plaintiff.
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John Mugo Thiaka v Republic [2013] KEHC 1494 (KLR)
✦ The conviction and sentence are quashed due to the trial's defects, and a retrial is ordered before a different magistrate.
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A M G v Republic [2013] KEHC 1808 (KLR)
✦ The conviction for attempted defilement is quashed and the appellant is set free.
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David Chestit Kiminy & another v Republic [2013] KEHC 1590 (KLR)
✦ The appeal is dismissed. The conviction and sentence are upheld.
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E S L v G M B [2013] KEHC 1668 (KLR)
✦ Both the appeal and the cross appeal are dismissed with no orders as to costs. The ruling of the court attaching the respondent’s salary shall remain in force.
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Mark Wangoliku Mulati v Republic [2013] KEHC 1817 (KLR)
✦ The appeal is dismissed. The conviction and sentence are upheld.
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Moses Mwongera v Republic (Criminal Appeal 43 of 2010) [2013] KEHC 526 (KLR) (23 October 2013) (Judgment)
✦ The court finds the offence aggravated due to the appellant's transmission of a sexually transmitted disease. The court dismisses the appeal.
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Simon Kipsang Sum v Republic [2013] KEHC 1730 (KLR)
✦ The conviction and sentence are quashed, and the appellant is ordered to be retried by any magistrate of competent jurisdiction.
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Daniel Ole Parsapayet & another (Suing as the Administrators of the Estate Parsapayo Ole Oluwuas (Deceased)) v Tulito Ole Roitei [2013] KEHC 1683 (KLR)
✦ The court orders the status quo to be maintained with regard to the disputed portion of land, pending the hearing and determination of the suit.
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Kelvin Musyoka v Republic [2013] KEHC 1810 (KLR)
✦ The conviction and sentence are upheld
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Mohammed Abdulahi v Republic [2013] KEHC 1784 (KLR)
✦ The conviction is quashed and the appellant is set at liberty
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Sebastian Ameyo Daraja v Rudold Shibandi Daraja & another [2013] KEHC 1783 (KLR)
✦ The magistrate made the wrong decision by dismissing the application for review. The appellant's suit number 267 of 2008 before the magistrate's Court at Mumias be heard in full by a different magistrate.
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Jacob Nyaga Njeru v Njeru Kinanda [2013] KEHC 1517 (KLR)
✦ The application is dismissed, and the plaintiff is ordered to meet the defendant's costs and complete pre-trial procedures.
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Muktar Muhina v Republic [2013] KEHC 1663 (KLR)
✦ The sentence is reduced to the period already served, slightly over one year, to ensure immediate release.
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Benard Kiprotich Kamama v Republic [2013] KEHC 1761 (KLR)
✦ The court upheld the conviction but reduced the sentence from 40 years to 20 years.
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Nyaga Johana Njakwigua v Augustine Njeru Njuguna [2013] KEHC 6774 (KLR)
✦ The Court denied the application, finding the applicant's delay to be inordinate and lacking a good and sufficient cause.
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Daykio Plantations Limited v Thomas Oginga Onyango & 3 others [2013] KEHC 1824 (KLR)
✦ The costs of the Plaintiff's Notice of Motion dated 19th July 2012 shall be in the cause.
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Franklin Kimathi v Republic (Criminal Appeal 82 of 2011) [2013] KEHC 1724 (KLR) (22 October 2013) (Judgment)
✦ The Court declines to reduce the sentence and upholds the original sentence of 10 years imprisonment.
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Christopher Musau v Attorney General [2013] KEHC 1551 (KLR)
✦ The court ordered the Permanent Secretary, Office of the President, to pay the ex parte applicant the decretal sum in CMCC 7274/1998.
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Joseph Losiru & another v Republic [2013] KEHC 1130 (KLR)
✦ The convictions and sentences are upheld, but the sentence for burglary is reduced from seven (7) years to four (4) years, to run concurrently with the three (3) years for stealing.
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Kenya Petroleum Refineries v Hassan Ngoa & 53 Others [2013] KEHC 1626 (KLR)
✦ The defendants' notice of motion is struck out, and all orders consequential thereto are set aside. The application is allowed in terms of prayers (2) and (3). Costs are met personally by the defendants' counsel.
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Michael Kamoru Guantai v Republic [2013] KEHC 1789 (KLR)
✦ The conviction and sentence are quashed, and the case is ordered for retrial by a different magistrate.
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Patrick Kathurima Ngeera v Republic [2013] KEHC 1800 (KLR)
✦ The appellant was properly convicted for defilement contrary to Section 8(1) and appropriately sentenced to 20 years imprisonment under Section 8(3) of the Sexual Offences Act.
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Republic v Hakim Kazungu Thoya & another [2013] KEHC 1496 (KLR)
✦ The court convicts both accused persons for the offence charged and sentences them to 30 years imprisonment each.