Kenyan case law
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Ronald Omondi Oimbo v Council of Legal Education [2017] KEHC 2726 (KLR)
✦ The court held that the refusal to register Oimbo for re-sitting the examinations is not grounded on the law and that Regulation 9(5) is unconstitutional.
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Republic v Simion Komurkony [2017] KEHC 2621 (KLR)
✦ The accused is found guilty of murder and sentenced to death
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Moses Muteithia & 5 others v Jacob Muthomi Kirera & 4 others [2017] KEHC 2401 (KLR)
✦ The 1st Respondent was a public officer and was subject to suspension under Section 62 of the Anti-Corruption and Economic Crimes Act, 2003. The 2nd and 5th Respondents had a statutory obligation to suspend the 1st Respondent at half pay pending the conclusion of the criminal case.
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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.
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Orange Democratic Movement (ODM) v National Treasury & 5 others [2017] KEHC 2079 (KLR)
✦ The court dismisses the applicant's motion for mandamus orders, finding that the Registrar of Political Parties and the National Assembly do not have the statutory or constitutional duty to allocate and appropriate funds to the Political Parties Fund.
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Agnes Adhiambo Sogo & 2 others v Philip Sogo Ouda [2017] KEHC 2564 (KLR)
✦ Philip Sogo Ouda's protest is dismissed.
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Republic v Beatrice Musimbi & 2 [2017] KEHC 9497 (KLR)
✦ Beatrice Musimbi is sentenced to death
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Republic v Independent Electoral and Boundaries Commission Ex-Parte Mohamed Ibrahim Abdi & others [2017] KEHC 2687 (KLR)
✦ The ex parte applicants' case was that the arrangements made by the Respondents were not only unlawful but were not geared towards the achievement of the said purpose. The ex parte applicants clearly had a reasonable belief even if mistaken that the actions of the Respondents were designed to deny them their rights to vote in an environment conducive to them.
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Samuel Kazungu Kambi & another v Independent Electoral & Boundaries Commission & 3 others [2017] KEHC 2823 (KLR)
✦ The application to strike out the Petition of the 1st Petitioner is dismissed.
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Joseph Makilap Kipkoros v Independent Electoral & Boundaries Commission & 2 others [2017] KEHC 2718 (KLR)
✦ The court grants various orders regarding the production of election materials and defers the scrutiny and recount of votes to an appropriate time.
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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.
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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.
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Jennifer Wanjira Ng’ang’a & another v Attorney General [2017] KEHC 2402 (KLR)
✦ The court dismissed the plaintiffs' claim as it is based on constitutional issues and not civil jurisdiction.
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Republic v Joseph Owuor Oduor [2017] KEHC 2801 (KLR)
✦ The accused is found guilty of manslaughter for the unlawful killing of his mother.
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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.
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Bernard Ajwang Ogila & another v Republic [2017] KEHC 2507 (KLR)
✦ The appeal is dismissed and the trial court sentence is confirmed.
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Joshua Kiprop Langat & another v Ezekiel Chepkowony [2017] KEHC 269 (KLR)
✦ The protestor is not entitled to the land titled Kericho/Kapsuser/4394 as he did not purchase it from the deceased but from a beneficiary, and the court cannot reverse the orders of Ong’udi J.
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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.
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Republic v Frank Wambua Kalili [2017] KEHC 2466 (KLR)
✦ The accused is found guilty of murder.
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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.
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Republic v Elijah Robert Kishapui Mapena [2017] KEHC 2457 (KLR)
✦ The court grants the application for bail, releasing the accused on bond of Ksh.1,000,000 with a surety of identical amount.
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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.
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Dennis Koech & another v Republic [2017] KEHC 406 (KLR)
✦ The convictions and sentences are quashed due to the lack of identification evidence and the trial court's reliance on unreliable identification evidence.
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Dinesh Kumar Zaverchand Jetha v Guaranty Trust Bank (Kenya) [2017] KEHC 2495 (KLR)
✦ The Plaintiff has not established a prima facie case to warrant the order of temporary injunction sought. The Application is dismissed with costs to the Defendant.
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Republic v Stephen Kangethe Moge & 2 others [2017] KEHC 208 (KLR)
✦ The court finds no prima facie case and acquits each accused of murder.