Kenyan case law

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

✦ The appellant is set free unless lawfully held

Edward Mwangi Macharia t/a Homeland Developers v Kenya Planters’ Co-operative Union Ltd [2016] KEHC 8194 (KLR)

✦ The application is dismissed with costs

Republic v Attorney General & another ex parte Isaac Ngugi [2016] KEHC 2363 (KLR)

✦ The court held that mandamus is the appropriate remedy for compelling the respondents to perform their duty to register the decree and remove the prohibitory order.

Republic v Mathew Ochieng Munga [2016] KEHC 1806 (KLR)

✦ The trial magistrate's order to set the accused at liberty is set aside, and the prosecution is at liberty to bring fresh charges.

Ainea Swegenyi v Esther Musilibi Museni [2016] KEHC 142 (KLR)

✦ The grant of representation is revoked

David Mwangela v Republic [2016] KEHC 8369 (KLR)

Jason Ondabu t/a Ondabu & Co. Advocates v Moses Kinuthia [2016] KEHC 1536 (KLR)

✦ The appeal is allowed, and the Plaintiff is allowed to defend the suit in full hearing.

Emmanuel Papa Wasike v Republic [2016] KEHC 2207 (KLR)

✦ The appeal is dismissed as the evidence supports the conviction and the appellant's claims of innocence are not supported by the facts.

Republic v Wesley Kiprono Terer [2016] KEHC 98 (KLR)

✦ The accused is found guilty of murder and is convicted accordingly.

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.

Kerosi Ondieki & Company Advocates v Transmara County Council [2016] KEHC 2348 (KLR)

✦ The execution by attachment and sale of the respondent's moveable properties cannot be levied against the respondent.

Trusted Society of Human Rights Alliance v Cabinet Secretary Devolution and Planning, Attorney General, Centre For Human Rights Civic Education, Njonjo Muekenya & National Commission For Human Rights (Petition 351 of 2015) [2016] KEHC 8219 (KLR) (Constitutional and Human Rights) (31 October 2016) (Judgment)

✦ The Petition succeeds, and the Court issues a declaration and an order of mandamus.

Republic v John Kimatu Mwanzia [2016] KEHC 2141 (KLR)

✦ The order is varied to three months of corrective training

Kennedy Muindi Nzuki v Republic [2016] KEHC 1855 (KLR)

✦ Allow the appeal, quash conviction and sentence, order retrial before a different magistrate

Jeremiah Maina v Honourable Attorney General & another Interested Party National Nurses Association of Kenya [2016] KEHC 2006 (KLR)

✦ The court dismissed the preliminary objections, finding that the issues raised in the current petition are not substantially the same as those in JR No. 144 and JR No. 99.

Assumption Sisters of Nairobi Registered Trustees & another v National Land Commission & 9 others [2016] KEHC 2058 (KLR)

✦ The Court holds that the present matter cannot be finally settled by the same and that there are weighty constitutional issues that need to be canvassed through a full hearing.

Republic v Joseph Kirwa Barno [2016] KEHC 2225 (KLR)

✦ The court reduces the charge from Murder to Manslaughter due to insufficient evidence of premeditated harm or malice aforethought.

Endmor Steel Millers Ltd v James Wakhulunya Makuto [2016] KEHC 1672 (KLR)

✦ Leave to appeal out of time granted, stay of execution denied

Republic v Collet Thabitha Wafula [2016] KEHC 1843 (KLR)

✦ The accused is sentenced to a three (3) years non-custodial sentence during which she is placed under probation.

Republic v Reuben Mulongo Nyongesa & 4 others [2016] KEHC 2200 (KLR)

✦ The court finds the prosecution's evidence sufficient to prove the accused's guilt and convicts him under Section 203 of the Penal Code.

Emani Barasa Wanyonyi v Republic [2016] KEHC 2210 (KLR)

✦ The appeal is dismissed, and the conviction and sentence are upheld. The sentence is reduced to reflect the period of pre-trial detention.

In re of baby F W (Minor) [2016] KEHC 1766 (KLR)

✦ This Court allows the Applicants' application to adopt Baby F W. The child shall be known as P M M. The 2nd Applicant's sister B K and her husband L O W shall be the legal guardians of the child should such eventuality arise.

In re Estate of Lazaro Kinuthia Ichigo (Deceased) [2016] KEHC 1719 (KLR)

✦ The Court reinstates the orders of 29 January 2013 and sets aside the Judgment of 6 February 2015.

Joan Wanjiku Mungai v Republic [2016] KEHC 8256 (KLR)

✦ The application is dismissed with an order that the trial be conducted on a priority basis.

City Riders Sacco & 11 Others v County Government of Nairobi & 3 Others [2016] KEHC 2151 (KLR)

✦ The Court finds no violation of the Petitioners' rights or any contravention of the law by the Respondents.