Kenyan case law

Republic v Commissioner for Co-operative Development & another Exparte Mary Oyugi Odhiambo [2019] KEHC 1466 (KLR)

✦ The application is dismissed as the summons was not prepared and signed by the Plaintiff as required by the Civil Procedure Rules, and the inquiry was not biased. The decision to surcharge board members was not irrational.

Noor v Osman (Civil Appeal 156 of 2018) [2019] KEHC 12480 (KLR) (20 November 2019) (Judgment)

✦ The Debt Settlement Agreement was not procured by undue influence or fraud, and the Appellant failed to prove the existence of the debt.

Owala Champingny Makonyango v Siaya Wholesalers Ltd [2019] KEHC 1975 (KLR)

✦ The appeal is dismissed for non-compliance with the orders for filing a complete record of appeal

Ramadhan Kombe v Director of Public Prosecution [2019] KEHC 12012 (KLR)

✦ Sentence reduced to 29 years from the date of arraignment

Benedict Nzioka Kimeu v Republic [2019] KEHC 1263 (KLR)

✦ The Petition is dismissed as there is no new evidence and the Petitioner did not exhaust the appeal process.

Prosecutor v Silas Juma Odhiambo & 2 others [2019] KEHC 1871 (KLR)

✦ Each of the three accused persons has a case to answer.

County of Siaya & another v Attorney General & 2 others [2019] KEHC 2 (KLR)

✦ The court finds that Section 35(3) of the County Government Act is not ambiguous and does not offend the leadership and service delivery provisions of the Constitution and Article 174 on objects of devolution.

Maina Kamau Allan v Director of Public Prosecution [2019] KEHC 12007 (KLR)

✦ The death sentence is set aside and replaced with a life sentence of 35 years from the date of arrest

In re Estate of Mukemo Murere Ndege (Deceased) (Probate & Administration 61 of 2012) [2019] KEHC 2013 (KLR) (20 November 2019) (Ruling)

✦ The court finds that the deceased partitioned his land into three parcels (6801, 6802, and 6803) and not four as claimed by the objector. The application for review is dismissed.

Edward Mutiso Ndavi v Peter Mulei and Sons Ltd [2019] KEHC 1988 (KLR)

✦ The appeal is dismissed for lack of jurisdiction.

Republic v Joseph Kyende Masika [2019] KEHC 2147 (KLR)

✦ The accused is placed on probation for three years

LWK (A minor suing through father and next friend SKD) v Kirigu Stanley & another [2019] KEHC 1946 (KLR)

✦ The appellate court will review the evidence and evaluate it independently, giving due weight to the trial court's observations of the witnesses.

Republic v Betting Control & Licencing Board & 3 others Ex-parte Diana Muthoni t/a DND Gaming Machines [2019] KEHC 1664 (KLR)

✦ The 1st Respondent is wrongly joined as a party to these proceedings and should be struck out. The dispute is primarily between the Applicant and the 1st Respondent.

Jalna Stores Limited v Mwikali Syengo & another [2019] KEHC 2131 (KLR)

✦ The court grants leave to file appeal out of time and grants a stay of execution pending the appeal

Aggregate Construction Limited v Ashleah Developers Limited [2019] KEHC 1940 (KLR)

✦ The court awards the plaintiff Kshs. 62,413,634.60 with interest at 18% per annum from July 2, 2014, and Kshs. 21,377,568.46 with interest at 12% per annum from the date of filing the suit until payment in full.

Samwel Ongera Nyabuti & another v WOO (minor suing through next friend of BOO) [2019] KEHC 152 (KLR)

✦ The appeal is hereby struck out and dismissed for being fatally defective with costs to the respondents.

Peter Kingori Mwangi & another v Director of Public Prosecution [2019] KEHC 12028 (KLR)

✦ The death sentence is set aside and replaced with a life sentence of 35 years from the date of arrest.

Republic v Jeremy Kiogora Mbae [2019] KEHC 1910 (KLR)

✦ The court sentences the accused to a 20-year jail term, commencing from the date of his first arraignment in court.

Hezron Waithaka Ndarwa & another v Ezekiel Ruheni Maina [2019] KEHC 736 (KLR)

✦ The court affirmed the trial court's decision on liability but reduced the special damages award.

Assets Recovery Agency v Jared Kiasa Otieno (Civil Application 36 of 2019) [2019] KEHC 1032 (KLR) (Anti-Corruption and Economic Crimes) (20 November 2019) (Ruling)

Noreen Shariff & others, as administrators of the estate of Jim Choge v Chief Land Registrar & 2 others; Amusement Garden Limited (Interested Party) [2019] KEHC 2184 (KLR)

✦ The court finds that the applicable law at the time of filing the application was the Contempt of Court Act, which was later nullified. The court did not proceed with contempt proceedings as the required notice was not served.

Michael Wachira Gakuu v Grace Wahu Gakuu [2019] KEHC 620 (KLR)

✦ The appeal is dismissed, and the respondent's claim for confirmation of the grant is upheld.

Michael Chege Ndishu v Dedan Kimathi University of Technology [2019] KEHC 2151 (KLR)

✦ The dismissal was fair and procedurally correct, as the Claimant was not promoted to the position he sought due to the disciplinary process at his previous employer.

Republic v Cabinet Secretary for Interior and Co-ordination of National Government Ex parte Abulahi Said Salad [2019] KEHC 12003 (KLR)

✦ The court found that the applicant can review the judgment on the grounds set out in Order 45 of the Civil Procedure Rules and Section 80 of the Civil Procedure Act, and that the applicant did not fail to attach the decision he was challenging.

Maurice Ochieng Obadha v Republic [2019] KEHC 778 (KLR)

✦ The appeal against conviction is withdrawn. The appeal against sentence is allowed to the extent that the 10 year imprisonment shall be calculated from 3.2.2017.