Kenyan case law

Alphonza Wothaya Warutu & another v Joseph Muema [2017] KEHC 1106 (KLR)

✦ The learned magistrate’s award of Kshs. 800,000/= as general damages was upheld as it was in line with the disparity in the degree of incapacity.

David Gathangu Nyaguthio v Republic [2017] KEHC 2253 (KLR)

✦ The conviction is unsafe and is hereby quashed. The sentence of death is set aside. The appellant is to be set at liberty unless otherwise legally held.

Justus Mongumbu Omiti v Independent Electorial and Boundaries Commission (I.E.B.C.) & another [2017] KEHC 2642 (KLR)

✦ The court ordered the IEBC to retain documents and materials in safe custody, granted access to certain information, and allowed the Petitioner to put seals on ballot boxes.

Joseph Kimani & another v James Kangara Kahanya [2017] KEHC 294 (KLR)

✦ The appeal is partly successful, with the special damages upheld and the award of loss of business set aside.

Republic v John Mwiti [2017] KEHC 2000 (KLR)

✦ The accused may be released on bond of Kshs 500,000/= with a surety of similar amount

Kartar Singh Dhupar & Co. Ltd v Lianard Holdings Limited [2017] KEHC 2233 (KLR)

✦ The Court allows the Notice of Motion Application in terms of prayer 4, allowing the Defendant to move the Court procedurally if execution of the partial judgment has to proceed. The Court declines to stay execution of the decree pending the hearing and determination of the suit.

Anna Nganga & 6 others (suing as steering committee of Badminton Kenya) v Registrar of Sports Kenya & another [2017] KEHC 2773 (KLR)

✦ The Court finds that the applicants cannot appeal the Registrar's decision through the Sports Disputes Tribunal and that the only remedy available is to seek relief from the High Court.

Pentagon Interior Limited v Brian Mwangangi Nzomo & another [2017] KEHC 1261 (KLR)

✦ The Appellant's Notice of Motion is allowed on the condition that the Appellant secures the decretal sum with a Bank Guarantee in the sum of Kshs One Million (Kshs 1,000,000/=) from a reputable Bank within forty five (45) days of the date of this ruling.

Kambi & another v Returning Officer, Kilifi County & 6 others (Election Petition 4 & 5 of 2017) [2017] KEHC 2818 (KLR) (31 October 2017) (Ruling)

✦ The court dismisses the respondents' applications and preliminary objection, directs the 1st Petitioner to deposit requisite security, and deems any actions taken in the matter as regularly done.

Brian Mutinda v Republic [2017] KEHC 2460 (KLR)

✦ The Appellant shall be retried before a Magistrate of competent jurisdiction other than Hon. S. K. Ngii.

Republic v Joseph Owuor Oduor [2017] KEHC 2801 (KLR)

✦ The accused is found guilty of manslaughter for the unlawful killing of his mother.

Bernard Ogila Ajwang & another v Republic [2017] KEHC 2639 (KLR)

✦ The appeal by Bernard on sentence is dismissed. David's appeal on sentence is allowed. The trial court's sentence is confirmed for Bernard and David is sentenced to 3 years imprisonment.

Dennis Kinyua v Republic [2017] KEHC 2645 (KLR)

✦ The appeal against sentence is dismissed, and the trial court's sentence is confirmed.

Mutisya Albanus Paul v Independent Electoral and Boundaries Commission & 2 others [2017] KEHC 2754 (KLR)

✦ Petitioner's supplementary affidavits are admitted, and Respondents are granted leave to file a replying affidavit. Petitioner's two certificates are ordered struck out and expunged from the record.

Chege Kuria Mwere & 6 others v Attorney General [2017] KEHC 2832 (KLR)

Agnes Adhiambo Sogo & 2 others v Philip Sogo Ouda [2017] KEHC 2564 (KLR)

✦ Philip Sogo Ouda's protest is dismissed.

Rony Kaimenyi Mwale v Republic [2017] KEHC 2558 (KLR)

✦ The appeal against sentence is dismissed. The trial court sentence is confirmed.

Kibe Peter Karanja v Republic [2017] KEHC 2199 (KLR)

✦ The conviction is upheld, and the sentence is affirmed.

A P v Republic [2017] KEHC 9578 (KLR)

✦ The court found that the case was proved beyond a reasonable doubt and that the sentence was legal. The appellant was sentenced to 15 years imprisonment.

Republic v S K [2017] KEHC 2601 (KLR)

✦ The court finds that the prosecution failed to prove malice aforethought and instead finds the accused guilty of manslaughter.

Nahashon Akunga v Independent Electoral and Boundaries Commission & 2 others [2017] KEHC 1710 (KLR)

✦ The Court denied the Petitioner's application for adjournment and adjourned the matter to proceed as scheduled.

Benter Juma Nyakako & another v Raphael Akendo Osuro [2017] KEHC 2729 (KLR)

✦ The court confirmed the grant of letters of administration to Benter Juma Nyakako and Leunida Achieng Omach.

Bernard Ajwang Ogila & another v Republic [2017] KEHC 2507 (KLR)

✦ The appeal is dismissed and the trial court sentence is confirmed.

Elisha v Kenya School of Law & another (Petition 248 of 2017) [2017] KEHC 2808 (KLR) (Constitutional and Human Rights) (31 October 2017) (Judgment)

✦ The Kenya School of Law's decision to deny the petitioner admission is not grounded on law and is therefore illegal.

Peter Lenarongai Siampoi v Republic [2017] KEHC 2556 (KLR)

✦ The appellant's appeal has no merit and the trial court's sentence is hereby confirmed.