Kenyan case law
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Nicholas Marende & another v Suan Rono & 2 others [2017] KEHC 1566 (KLR)
✦ The court finds the plaintiffs liable for malicious prosecution and awards them Ksh. 500,000 in general damages.
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A N M v D M M [2017] KEHC 2366 (KLR)
✦ The court finds the marriage irretrievably broken down and dissolves the marriage.
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Rishad Hamid Ahmed v Independent Electoral & Boundaries Commission, Abdallah Mwarua Chikophe & Stanley Muiruri Muthama [2017] KEHC 2659 (KLR)
✦ The Petitioner's request for access to information is dismissed as it seeks to expand the boundaries of the Petition and is not necessary for the determination of the case.
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Mercy Nduta Mwangi t/a Mwangi Keng’ara & Company Advocates v Invesco Assurance Company Limited [2017] KEHC 2209 (KLR)
✦ The trial court was correct in dismissing the appellant's Notice of Motion as the respondent had raised a triable issue that the appellant's fees had been fully paid.
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Kweri Peter & 2 others v Ann Wanjiku Maina [2017] KEHC 2218 (KLR)
✦ The appeal is partly successful, with the judgment of the lower court set aside and the Respondent awarded Shs 781,277/= in general damages.
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Assembled Enterprises Limited v National Water Conservation & Pipeline Corporation [2017] KEHC 10085 (KLR)
✦ The Plaintiff's explanation for the delay in the prosecution of the case is plausible, and no prejudice will be suffered by the Defendant which cannot be ameliorated by an award of costs. The suit is dismissed with an order that costs thereof be paid by the Plaintiff.
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In re H J O (Minor) [2017] KEHC 956 (KLR)
✦ The Application is denied, and the Nairobi case is transferred to Kisumu for an inter-partes hearing and determination.
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Abikheir Abdullahi Dubow v Independent Electoral and Boundaries Commission & 2 others [2017] KEHC 2546 (KLR)
✦ The court declines to grant the recount and scrutiny orders at this interlocutory stage due to the need for evidence. The respondent is ordered to provide certified copies of forms 35A and 35B to the petitioner and the court.
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Republic v Chief Magistrate, Naivasha Law Courts & 3 others ex-parte Investments Limited [2017] KEHC 2043 (KLR)
✦ The court declines the prayers in the substantive motion and directs the parties to appear before the subordinate court to argue the Preliminary Objection and/or the Motion filed on 1st March, 2016.
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Rosa Associati v KTK Advocates [2017] KEHC 2530 (KLR)
✦ Application to stay entry of judgment is allowed, but no costs awarded. Application for reference to be heard on priority basis.
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Aziz Mohamed Karisa v Independent Electoral & Boundaries Commission (IEBC) & 2 others [2017] KEHC 76 (KLR)
✦ The 2nd Petition is struck out and the 1st Petition is fixed for hearing.
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Lachlan Kenya Limited v Kenya Commercial Bank Staff Pension Fund Registered Trustees [2017] KEHC 9750 (KLR)
✦ The suit is dismissed with costs for want of prosecution
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In re G J (Baby) [2017] KEHC 2410 (KLR)
✦ The court allows the prayers sought in the Originating Summons and orders the adoption of Baby GJ by the Applicants.
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Mumias Sugar Company Limited & another v Retirement Benefits Authority & another [2017] KEHC 2467 (KLR)
✦ The court ordered a stay of the decision to place the 2nd Applicant under interim administration and issued a temporary injunction against the 2nd Respondent.
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Lochab Brothers Limited v Tobias Owino [2017] KEHC 2468 (KLR)
✦ The appeal should be dismissed for want of prosecution.
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In re F (Baby) [2017] KEHC 2400 (KLR)
✦ The applicant is allowed to adopt Baby F, who shall be known as T J N W. The child shall be presumed to be Kenyan by birth, and the applicant shall assume all parental rights and duties.
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Millicent Wandia Murage alias Millicent Wanja Murage v Republic [2017] KEHC 1423 (KLR)
✦ The sentence of two years imprisonment is set aside and replaced with a sentence on probation for a period of eighteen (18) months.
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Bernard Mutisya Wambua v Swaleh Hashil (Civil Case 28 of 2015) [2017] KEHC 1104 (KLR) (3 November 2017) (Judgment)
✦ The court finds the Plaintiff 100% liable for the accident and awards him damages for pain, suffering, loss of amenities, diminished earning capacity, future medical expenses, and special damages.
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Mutinda Muvevi Kavengo v Republic [2017] KEHC 2482 (KLR)
✦ The appellant was found in possession of stolen items shortly after the robbery, and the prosecution proved its case beyond reasonable doubt.
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Azhar Mohammed Sheikh & 8 others v Velji Narshi Shah & another [2017] KEHC 10094 (KLR)
✦ The application for dismissal of the suit is dismissed, and the Plaintiffs are afforded a chance to prosecute the case to conclusion.
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Benson Kimanja v Georgina Wairimu Muchungu [2017] KEHC 2391 (KLR)
✦ Leave is granted to file an appeal out of time, a stay of execution is granted pending the appeal, and costs are to abide the outcome of the appeal.
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In re K Z (Baby) eKLR [2017] KEHC 2439 (KLR)
✦ The application is dismissed as the pleadings are not in sync with the evidence presented, and the child named in the pleadings is not the same as the child reported to the police as abandoned.
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Elizabeth Ongoro Amollo v Francis Kajwang Tom Joseph & 2 others [2017] KEHC 2509 (KLR)
✦ The court allows the Petitioner to file a rectified certificate and directs it to be filed and served within the specified time frame.
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Ernest Hinzao v I E B C & 3 others [2017] KEHC 2650 (KLR)
✦ The application for information and production of items and documents should be deemed part of the application for scrutiny and recount and be kept in abeyance until evidence is led.
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Peter Mung’ara Mwaura v Republic [2017] KEHC 2283 (KLR)
✦ The conviction and sentence are set aside due to procedural errors and lack of evidence of mens rea.