Kenyan case law

Muthoka Kyengo & 2 others v Attorney General [2016] KEHC 1028 (KLR)

✦ The application is dismissed.

Kyalo Kioko v Republic [2016] KEHC 365 (KLR)

✦ The conviction and sentence for defilement are affirmed.

Mohammed Omar Mwamasai v Republic [2016] KEHC 1017 (KLR)

✦ The court finds the appellant's grounds of appeal devoid of merit and dismisses the appeal. The minimum sentence of fifteen (15) years is upheld.

Charles Njagi Ireri v Njeru Simon Gathuri & another [2016] KEHC 2 (KLR)

✦ The court finds that P.N. Mugo for the appellant is properly on record for the appellant and was not required to obtain any court order before coming on record.

Kanyinyi Kairu v Republic [2016] KEHC 8297 (KLR)

✦ Sentences in counts III and IV are set aside and replaced with fines and concurrent imprisonment.

Lucy Wakarima Ngabucha & another v George Mwangi Ngabucha & another [2016] KEHC 2411 (KLR)

✦ The grant was not obtained fraudulently, and the proceedings were not defective in substance. The applications are dismissed.

Andrew Mcghie v Catherine Wembridge Baumgarten & 5 others [2016] KEHC 2175 (KLR)

✦ The Court of Appeal dismissed the petition, finding that the dispute is civil in nature and that the petitioner's rights have not been violated.

Republic v James Onserio Achochi & another [2016] KEHC 1066 (KLR)

✦ The accused are found guilty of manslaughter

David Wambura Nahashon v Republic [2016] KEHC 2073 (KLR)

✦ The Court of Appeal found that the evidence of visual identification was sufficient and that an identification parade was not necessary.

E M M v Republic [2016] KEHC 359 (KLR)

✦ The plea of guilty was not unequivocal and the sentence was unlawful. The conviction and sentence are quashed and the Appellant is retried.

P L O v Republic [2016] KEHC 8261 (KLR)

✦ The court held that the charges were proved beyond a reasonable doubt and the sentence was not harsh and excessive.

Alex Otieno Onyango v Director of Public Prosecutions & 2 others [2016] KEHC 2092 (KLR)

✦ The court found that the trial of the Petitioner was unconstitutional and null and void.

In re Estate of Abubakar Ireri Karuiria (Deceased) [2016] KEHC 11 (KLR)

✦ The application to transfer the case to the Kadhis Court is dismissed as it is contrary to the Constitution and the Kadhis Court Act.

Anthony Kyalo v Republic [2016] KEHC 399 (KLR)

✦ The Appellant's plea was not unequivocal, and the conviction and sentence were unlawful

Republic v Ethics and Anti-Corruption Commission & 2 others Ex-parte Erastus Gatebe [2016] KEHC 2457 (KLR)

✦ The Court finds the EACC's decision to recommend disciplinary action against Gatebe was procedurally unfair and quashed it. The Court also finds the EACC's subsequent letter asking Gatebe to show cause for disciplinary action is not contempt of court.

In re Hezekiah Wanjohi Wango (Deceased) [2016] KEHC 13 (KLR)

✦ The application is allowed as the applicant is found to be unfit to manage his personal and legal affairs due to senile dementia.

Francis Matheka Mutiso v Republic [2016] KEHC 1831 (KLR)

Vincent Yegon v Director of Public Proseutions & 2 others [2016] KEHC 8165 (KLR)

✦ The applicant has failed to disclose a prima facie case for the purposes of leave and leave is declined.

In re Baby K P alias Baby M N K (Child) [2016] KEHC 2479 (KLR)

✦ The application for adoption is allowed and the applicants are granted authority to adopt the child.

Republic v Charles Gachau Kamotho [2016] KEHC 647 (KLR)

✦ The court finds a prima facie case has been established against the accused and he has a case to answer.

G M v D M M [2016] KEHC 2019 (KLR)

✦ The Preliminary Objection raises a pure point of law and there is a possible conflict of interest on the part of the advocates representing the Defendant.

Republic v Jacob Mwendwa Ngucia [2016] KEHC 403 (KLR)

✦ The identification parade was not conducted in accordance with the rules of procedure and was therefore unreliable evidence.

Republic v Director of Public Prosecutions & another Ex-parte Ramesh Chandra Govind Gorasia [2016] KEHC 763 (KLR)

✦ The court found that the doctrine of res judicata was properly taken as a preliminary objection on a point of law and that the matter in issue in the previous suit was the same as in the current application.

Joseph Salano Busisa v Republic [2016] KEHC 2173 (KLR)

✦ The appellant is set free unless lawfully held

J K K v N N M & another [2016] KEHC 1483 (KLR)

✦ The Grant of Letters of Administration to the Estate of E N K is hereby granted to J K K.