Kenyan case law
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Republic v Langat & another (Criminal Case 29 of 2015) [2023] KEHC 25930 (KLR) (30 November 2023) (Sentence)
✦ The court sentences Robert Kipkorir Langat to a three-year probation order and Felix Kipkoech Korir to a two-year probation order.
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In re Estate of Daudi Mbogori (Deceased) (Succession Cause 206 of 1994) [2023] KEHC 26972 (KLR) (30 November 2023) (Ruling)
✦ The court ordered the 1st Objector/Applicant to apply for a fresh grant of letter of administration intestate within 60 days.
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Commissioner of Domestic Taxes v Shah T/A Symtiss Trading (Income Tax Appeal E068 of 2023) [2023] KEHC 26844 (KLR) (Commercial and Tax) (30 November 2023) (Ruling)
✦ The application is allowed, and the costs are awarded to the respondent.
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Wakhanu v Sada (Suing as the personal representative of the Estate of Francis Juma Tembu) (Civil Appeal 19 of 2022) [2023] KEHC 26138 (KLR) (30 November 2023) (Judgment)
✦ The appeal is partially successful, and the trial court's judgment on quantum is set aside. The Appellant is found liable for the accident, and the court awards damages for pain and suffering, loss of dependency, and special damages.
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Gichuru v Karwitha & 2 others (Miscellaneous Civil Case E071 of 2023) [2023] KEHC 26214 (KLR) (30 November 2023) (Ruling)
✦ The application for leave to appeal is allowed with certain conditions
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Nganga v Adaki & 5 others (Commercial Case E002 of 2023) [2023] KEHC 26198 (KLR) (Commercial and Tax) (30 November 2023) (Judgment)
✦ Nganga's claim for injunctive relief is upheld.
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Abdulsalim v Republic (Criminal Appeal E005 of 2023) [2023] KEHC 25863 (KLR) (30 November 2023) (Judgment)
✦ The conviction is quashed and sentence set aside. The Appellant is set at liberty unless otherwise lawfully held under another warrant.
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Republic v Permanent Secretary Ministry of Higher Education & 2 others; Gideon Indeche t/a Interglobal Academic Consortium (Exparte Applicant) (Judicial Review Miscellaneous Application E049 of 2022) [2023] KEHC 25955 (KLR) (Judicial Review) (30 November 2023) (Ruling)
✦ The court found that the applicant's claims do not constitute a 'sufficient reason' for review as per the Civil Procedure Act and Order 45 Rule 1, and thus the orders remain valid.
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Muchiri v Republic (Miscellaneous Criminal Application 46 of 2023) [2023] KEHC 26145 (KLR) (30 November 2023) (Ruling)
✦ The applicant is granted leave to file their appeal out of time within 21 days from the date of this ruling.
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SWM (Suing as a Guardian Ad Litem and Friend of GWW (Minor) v Gatura Secondary School & 6 others (Constitutional Petition 33 of 2018) [2023] KEHC 25857 (KLR) (30 November 2023) (Judgment)
✦ The Petition is dismissed for want of proof.
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In re Estate of Namulunda Simiyu alias Namulinda Simiyu (Succession Cause 139 of 2008) [2023] KEHC 26545 (KLR) (30 November 2023) (Judgment)
✦ The court found that there were no liabilities to the deceased's Estate and that the grant should be confirmed.
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Republic v Principal Secretary Ministry of Public Service and Gender & another; Mativo (Exparte) (Judicial Review Miscellaneous Application E119 of 2022) [2023] KEHC 25953 (KLR) (Judicial Review) (30 November 2023) (Judgment)
✦ The Court granted the order of mandamus, directing the Attorney General to pay the sum of Kshs. 2,156,322.24/=. The Court also ordered the Attorney General to pay the costs of the application.
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Kimeria (Suing in her capacity as the administrator of the Estate of Harrison Charles Kimeriah (Deceased) v Housing Finance Company (K) Ltd (Commercial Case 250 of 2008) [2023] KEHC 26196 (KLR) (Commercial and Tax) (30 November 2023) (Judgment)
✦ The Court has jurisdiction to hear the dispute and the Plaintiff is entitled to the reliefs sought.
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Republic v Bore (Criminal Case E010 of 2023) [2023] KEHC 25931 (KLR) (30 November 2023) (Ruling)
✦ The court grants the accused bail with a bond of Kshs. 200,000/= with one surety of similar amount.
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Commissioner of Domestic Taxes v Gulf Badr Group (K) Limited (Income Tax Appeal E141 of 2023) [2023] KEHC 26391 (KLR) (Commercial and Tax) (30 November 2023) (Ruling)
✦ The application to strike out the Memorandum of Appeal is dismissed, while the application for extension of time is allowed
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In re Estate of Francis Wasilwa Saratuki (Deceased) (Succession Cause 18 of 2006) [2023] KEHC 26162 (KLR) (30 November 2023) (Ruling)
✦ The court declines to issue an order for revocation of the grant, finding that it would cause prejudice to the parties and the objector failed to prove his allegations.
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Wafula v Republic (Criminal Appeal E038 of 2021) [2023] KEHC 27110 (KLR) (30 November 2023) (Judgment)
✦ The court does not find any violation of the right to a fair trial. The prosecution's case was well supported by the evidence, and there were no inconsistencies or contradictions that would warrant interference with the trial court's judgment.
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Lalo v Republic (Criminal Revision E022 of 2023) [2023] KEHC 26041 (KLR) (30 November 2023) (Ruling)
✦ The period of 6 months spent in remand custody should be considered as part of the 6-year sentence and the sentence should run from the date of arrest.
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Angelica Medical Supplies Limited v Commissioner of Customs and Border Control (Income Tax Appeal E012 of 2023) [2023] KEHC 26178 (KLR) (Commercial and Tax) (30 November 2023) (Judgment)
✦ The tribunal erred in classifying the Dialyzer under HS Code 8421.29, and the Dialyzer is subject to VAT and import duty.
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In re Estate of Protasio Njeru (Deceased) (Succession Cause 23 of 2023) [2023] KEHC 26208 (KLR) (30 November 2023) (Ruling)
✦ The court confirms the grant of administration testate and orders the distribution of the estate's assets.
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Ngeny v County Government of Kericho; Kericho Water and Sanitation Company Limited (Interested Party) (Constitutional Petition E010 of 2023) [2023] KEHC 26380 (KLR) (30 November 2023) (Ruling)
✦ The preliminary objection is sustained and the Notice of Motion and the Petition are struck out and dismissed with costs
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Kimatei v Republic (Criminal Appeal 48 of 2019) [2023] KEHC 26007 (KLR) (30 November 2023) (Judgment)
✦ The court finds that the prosecution proved all elements of the charge and that there was no reasonable doubt in the evidence.
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China Quinjian International Group v Kariuki (Civil Appeal E052 of 2022) [2023] KEHC 26046 (KLR) (Civ) (30 November 2023) (Judgment)
✦ The appeal is dismissed. The appellant is ordered to pay Kshs. 30,000 in costs.
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In re Estate of Kerubo Matara (Deceased) (Family Miscellaneous Application 1 of 2023) [2023] KEHC 25841 (KLR) (30 November 2023) (Ruling)
✦ The application is struck out and each party shall bear their own costs
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Olima & another v Director of Public Prosecutions; Independent Policing Oversight Authority (IPOA) & another (Interested Parties) (Criminal Petition E003 of 2022) [2023] KEHC 26079 (KLR) (30 November 2023) (Judgment)
✦ The court finds that the petitioners have failed to demonstrate how the DPP acted contrary to public interest or failed to prevent and avoid abuse of the legal process.