Kenyan case law

Nazish Motors Ltd & another v Mercy Moraa Wafula [2019] KEHC 2091 (KLR)

✦ The application is allowed and the appeal is dismissed for want of prosecution.

In re Estate of the Late Harish Chandra Indocha - (Deceased) (Succession Cause 175 of 2008) [2019] KEHC 831 (KLR) (18 November 2019) (Ruling)

✦ The court sets aside the proceedings of December 10, 2018, and the judgment of June 11, 2019. The applicant is given a chance to deliver the original title deed within 30 days, and the respondent is awarded costs of the application.

Richard Muinde Musyoki & another v Patel Jitendrakumar & 2 others [2019] KEHC 2214 (KLR)

✦ The court grants leave to appeal out of time

Daniel Maurice Odhiambo v Republic [2019] KEHC 475 (KLR)

✦ The appeal is withdrawn and the file is closed.

Peter Otieno Omondi v Benard Owino Omondi [2019] KEHC 41 (KLR)

✦ The appeal is hereby dismissed for non-compliance with directions of the court dated 9/10/2019.

Mombasa Fire Brigade Association v Secretary, County of Mombasa & another [2019] KEHC 2026 (KLR)

✦ The application is dismissed as the conditions precedent stipulated in section 21(1) of the Government Proceedings Act have not been satisfied.

Nancy Wanjiku Gatuna v Equity Bank Limited [2019] KEHC 1958 (KLR)

✦ The application is allowed on condition that the Appellant shall fix the appeal for hearing within 60 days from the date herein.

Color Packaging Ltd v Julius Nyerere Musili [2019] KEHC 2135 (KLR)

✦ The High Court does not have jurisdiction to hear the appeal and the ELRC is the appropriate court to hear the case.

Ann Potisho Kapasar v Sialo Natanya Tasur, & 3 others Maendeleo Chap Chap & 5 others (Interested Parties) [2019] KEHC 2355 (KLR)

✦ The Civil Procedure Act and its Civil Procedure Rules do not apply to election petition disputes, but certain provisions of the Civil Procedure Rules have been incorporated into the election rules.

Elisha Ochieng Odhiambo v Washington Jakoyo Midiwo [2019] KEHC 2052 (KLR)

✦ The appeal is dismissed as it was filed without leave of the trial court which made the order appealed from, and this court is devoid of jurisdiction to hear and determine the appeal.

Africa Oil Turkana Ltd & others v 09036558 B C Ltd & Edward Kings Maina & others [2019] KEHC 1856 (KLR)

✦ The application is dismissed with costs

Elizabeth Mutuku & Nzioka Mutuku & 6 others v Aimi Ma Kilungu Company Ltd [2019] KEHC 2149 (KLR)

Republic v Director of Public Prosecutions & another Exparte David Kandie; Ali Hamisi Chande (Interested Party) [2019] KEHC 2146 (KLR)

✦ The Court dismissed the application, finding that the 1st and 2nd Respondents' actions were within the law and in accordance with the Constitution.

Samwel Ondeng Apiyo v Republic [2019] KEHC 366 (KLR)

✦ The sentence of 10 years imprisonment is upheld as it is lawful despite its mandatory nature due to the appellant's recidivism.

Alex Gwade Masa & 2 others v Attorney General & 5 others; Mahmood Kassam & 3 others (Ex Parte) [2019] KEHC 1792 (KLR)

✦ The Court found that the applicants have established grounds for judicial review and that the 6th Respondent was influenced by ulterior and extraneous considerations to institute criminal proceedings.

David Otieno Omollo v Republic [2019] KEHC 713 (KLR)

✦ The two appeals are withdrawn and the files are closed.

Ahmed Islam Dur v Republic [2019] KEHC 2253 (KLR)

✦ The court orders that the sentence to the accused person will be computed from 11/3/2014 and the prisons authority shall consider whether he has met the threshold of grant of the remission and act according to the law.

JNT v JWO & another [2019] KEHC 12009 (KLR)

✦ The court finds no special circumstances to extend parental responsibility beyond the respondent's 18th birthday and dismisses the claim for university education.

County Government Of Mombasa v Westlands Properties Limited &2 others [2019] KEHC 1965 (KLR)

✦ The conservatory orders are set aside

JMK v JWW [2019] KEHC 11963 (KLR)

✦ The appeal is dismissed, and the trial court's decision is upheld.

Mustafa Marenje Haji v Republic [2019] KEHC 549 (KLR)

✦ The trial court's findings on conviction were well grounded, and the prosecution proved all the ingredients of the offence of robbery with violence.

Republic v Chief Officer Finance Officer, County Govrnment of Nairobi Ex parte Kennedy Wainaina Ngenga [2019] KEHC 118 (KLR)

✦ The application should be urgently placed before Hon. Justice Mativo for further directions.

Irene Kutsushi & 2 others v Herman Mulama Mudenyo & another [2019] KEHC 2204 (KLR)

✦ The application is dismissed for want of prosecution. The applicants to the Motion dated 11th March 2015 shall have the costs. The trial court file in Butere PMCSC No. 100 of 2003 shall be returned to the Butere registry for finalisation. The High Court file shall be closed.

Patrick Makumi Karanja v Africa Merchant Assurance Company Limited [2019] KEHC 1554 (KLR)

✦ The appeal is dismissed with costs to the respondent

Mikael Miyawa Obul & 4 others v Kenya Informal Settlements Improvement Project & 4 others [2019] KEHC 1895 (KLR)

✦ The Petition fails and is dismissed.