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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Okuyu v Republic (Miscellaneous Criminal Application E015 of 2023) [2023] KEHC 26083 (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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Muthamia v James (Civil Appeal E156 of 2021) [2023] KEHC 26137 (KLR) (30 November 2023) (Judgment)
✦ The appeal is dismissed, and the cross-appeal is dismissed.
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Regional City Suppliers Ltd v Mefo Investment Group Limited (Civil Appeal E082 of 2023) [2023] KEHC 26081 (KLR) (30 November 2023) (Ruling)
✦ The court finds no merit in the appeal and dismisses it.
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Amoke v Osotsi (Civil Appeal E031 of 2021) [2023] KEHC 26584 (KLR) (30 November 2023) (Ruling)
✦ The court ordered a stay of execution of the decrees pending the appeal, subject to the decretal amounts being deposited in a fixed deposit bank account in the joint names of both counsels for the appellant and the respondents within 21 days.
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Kan Travellers Ltd & 2 others v Nakhungu (Civil Appeal 87 of 2019) [2023] KEHC 27287 (KLR) (30 November 2023) (Ruling)
✦ The appeal is allowed and the Appellant is given a chance to set down the appeal for directions and hearing expeditiously.
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Mururu v Republic (Criminal Case 23 of 2017) [2023] KEHC 27411 (KLR) (30 November 2023) (Legal Opinion)
✦ The application is dismissed. The matter proceeds for hearing and the applicant remains in custody pending the determination of the trial.
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NNN v DM (Civil Appeal E144 of 2023) [2023] KEHC 26008 (KLR) (30 November 2023) (Ruling)
✦ The orders made on 26.10.2023 are slightly modified to allow the child to spend Christmas with the mother and the New Year with the father, subject to the child being returned to the father by 27.12.2023.
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Republic v County Executive Committee Member, Built Environment and Urban Planning Sector, County Government of Nairobi & 2 others; Waas Enterprise (Exparte Applicant) (Miscellaneous Application 22 of 2023) [2023] KEHC 25954 (KLR) (Judicial Review) (30 November 2023) (Judgment)
✦ The 3rd Respondent, Chief Finance Officer of Nairobi County Government, is responsible for the satisfaction of the court order and decree.
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Mitoko v Republic (Criminal Appeal E079 of 2021) [2023] KEHC 25901 (KLR) (30 November 2023) (Judgment)
✦ The appeals on convictions are hereby dismissed. The appeals on sentences are hereby allowed and the life sentences are set aside. The Appellant is hereby sentenced to serve 20 years imprisonment on each of the three Counts of delement, to run consecutively.
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Ndung’u & another v Mbau (Civil Appeal E002 of 2022) [2023] KEHC 26167 (KLR) (30 November 2023) (Judgment)
✦ The award for pain and suffering is reduced to Kshs 1,750,000, and the award for loss of amenities is reduced to Kshs 2,000,000. The award for diminished earning capacity remains at Kshs 500,000. The cross appeal is dismissed.
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Assets Recovery Agency v Wanjiru; Kimuri Housing Company Limited (Interested Party) (Civil Application E011 of 2023) [2023] KEHC 25985 (KLR) (Anti-Corruption and Economic Crimes) (30 November 2023) (Judgment)
✦ The interested party is properly enjoined in the proceedings. The provisions of the POCAMLA apply even for properties acquired before the Act came into effect. The subject assets are proceeds of crime.
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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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Republic v Kemboi (Criminal Case 3 of 2017) [2023] KEHC 25932 (KLR) (30 November 2023) (Ruling)
✦ The accused is placed on his defence under Section 211 of the Criminal Procedure Code.
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Lumumba v Rift Gas Limited (Civil Appeal E805 of 2022) [2023] KEHC 25998 (KLR) (Civ) (30 November 2023) (Judgment)
✦ The 60-day timeline in the Small Claims Court Act is not cast in stone and discretion of the court is not totally shut out as with the Public Procurement and Asset Disposal Act. The decision of the Small Claims Court is valid if rendered within the time limit.
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Litunya v Republic (Criminal Petition E018 of 2023) [2023] KEHC 26207 (KLR) (30 November 2023) (Ruling)
✦ The court allows the application and sets aside the sentence of the trial court, sentencing the applicant to serve 30 years imprisonment.
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Republic v Kirui (Criminal Case E002 of 2022) [2023] KEHC 26492 (KLR) (30 November 2023) (Judgment)
✦ The accused is sentenced to 7 years' imprisonment
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Ena Investment Limited v Judy Mong’are Kemunto (Civil Appeal E069 of 2021) [2023] KEHC 25914 (KLR) (30 November 2023) (Judgment)
✦ The appeal is dismissed with costs to the Respondent
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Director of Public Prosecution v Wangenge (Criminal Case E004 of 2022) [2023] KEHC 25970 (KLR) (30 November 2023) (Sentence)
✦ The accused was sentenced to 30 years in prison.
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Ali & 2 others v Speaker, County Assembly of Garissa & another (Constitutional Petition E017 of 2023) [2023] KEHC 25847 (KLR) (30 November 2023) (Ruling)
✦ The suspension of the petitioners is null and void ab initio, and the County Assembly cannot suspend members except for gross misconduct.
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In re Estate of Maruti Wanga Wamamu (Deceased) (Succession Cause 447 of 2005) [2023] KEHC 26310 (KLR) (30 November 2023) (Ruling)
✦ The estate will be distributed among the surviving children of the deceased, with Stephen Wanga Maruta's share being considered as a gift.
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Nkinda (Suing on behalf of the Estate of Kenneth Mutuma Nkinda) v Officer Commanding Meru Police Station & 2 others (Petition 13 of 2018) [2023] KEHC 26240 (KLR) (30 November 2023) (Ruling)
✦ The costs of the Petition assessed at KES. 100,000/- shall be paid by the 3rd respondent, not the 4th respondent.
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Ngigi & another v Kihara & another (Civil Appeal E021 of 2022) [2023] KEHC 25945 (KLR) (29 November 2023) (Judgment)
✦ The court finds that the trial court erred in holding that the properties were gifted to the son and should be sold, and that the properties were the deceased's free property.
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Wamaitha v Kago & 3 others (Miscellaneous Application 324 of 2023) [2023] KEHC 26031 (KLR) (29 November 2023) (Ruling)
✦ The court allows the application and orders the exhumation of the deceased's body for a post-mortem examination.
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Fatuma & another v Republic (Criminal Case 16 of 2023) [2023] KEHC 25773 (KLR) (29 November 2023) (Ruling)
✦ The court denies bail to the accused persons due to the likelihood of interference with prosecution witnesses and the need to protect the integrity of the trial.