Kenyan case law

Daikyo Japan Motors Ltd & 2 others v Fairuz Feisal Yasin & Fairuz Feisal Yasin & another [2020] KEHC 10243 (KLR)

✦ The court did not stay the proceedings in the lower court case.

In re Estate of Joseph Wamukota Wandah - (Deceased) [2020] KEHC 2105 (KLR)

✦ The court dismisses the application as it lacks jurisdiction to issue eviction orders, and the other issues are secondary.

Board of Trustees Pandya Memorial Hospital v Mlongo Tungwa & another [2020] KEHC 405 (KLR)

✦ The court found that the Respondents had the capacity to prosecute the suit and had proved their case on negligence on a balance of probabilities.

Ruth Shikanda (Suing as Legal Repr. on behalf of the Estate of Agnes Ayori Ashiembi (DCD) v Sibed Transport Company Ltd [2020] KEHC 1871 (KLR)

✦ The court denies the application for leave to appeal out of time, finding that the applicant has not demonstrated reasons for the delay and that the application is defective.

Kaburi Njoroge v Lucy Wangui Njuguna & 2 others [2020] KEHC 1901 (KLR)

✦ The abatement of the suit was automatic and by operation of the law, and the plaintiffs' late filing of the Amended Plaint did not require a court order to declare it so.

In re Estate of Ngari M’tetu (Deceased) [2020] KEHC 2218 (KLR)

✦ The court ruled against the application for transfer, stating that the files could not be separated due to the involvement of the same sub-division parcel.

In re Estate of Stephen Opiyo Ahoya (Deceased) [2020] KEHC 1932 (KLR)

✦ The application is dismissed, with costs to the Petitioner.

In re Estate of the Deceased of Saitoti Kidiis [2020] KEHC 2215 (KLR)

✦ The application of the objector is dismissed as he is not the son of the deceased.

In re FHS (Baby) [2020] KEHC 2245 (KLR)

✦ The child is declared a Kenyan citizen by birth. The court dispenses with the requirement of consent to the adoption. The applicant is authorized to adopt the child, and the child will be known as ZHM. KKA and KOA are appointed as legal guardians of the child. The Registrar General is ordered to make an entry for the adoption in the Adopted Children Register.

China Zhongxing Construction Company Ltd v Eden Development Limited (K) [2020] KEHC 2188 (KLR)

✦ The court grants the application for interim injunctions pending referral of the dispute to arbitration.

United Airlines Limited v Kenya Commercial Bank Limited (Civil Case 4077 of 1994) [2020] KEHC 10269 (KLR) (Commercial and Tax) (26 October 2020) (Judgment)

✦ The Plaintiff’s case is dismissed with Costs and Judgment entered for the Defendant against the Plaintiff, Elkana Mugala Aluvale and Valentine Muliru Wendoh jointly and severally for Kshs. 33,480,950.70 with compound interest at 13.75 per annum last applied on 31st day of March 1998.

In re of NNN [2020] KEHC 2173 (KLR)

✦ The court grants interim orders appointing SMN and AWN as guardians and managers of NNN's estate pending the hearing of the main petition.

Republic v Gabriel Mari Gakui [2020] KEHC 2177 (KLR)

✦ The Accused is convicted of murder

ANK v PAO [2020] KEHC 2231 (KLR)

✦ The court grants the stay of execution pending appeal

Jonas Misto Vincent Kuko v Kiarie & Co Advocates [2020] KEHC 2091 (KLR)

✦ The Applicant's application is dismissed as frivolous and an abuse of the court process.

Nancy Wangui Njuguna & another v Nancy Njeri Gitau & 2 others [2020] KEHC 10224 (KLR)

✦ The mandate of the 3rd respondent in the dispute between the applicants and the 1st and 2nd respondents herein be and is hereby terminated forthwith. The applicants and the 1st and 2nd respondents herein do appoint a new arbitrator as set out in Section 12 of the Arbitration Act.

Bigot Flowers Ltd v Clementina Khasudi Muyano [2020] KEHC 2028 (KLR)

✦ The judgment of the lower court is set aside, and a global sum of Kshs 120,000/= (less contribution of 20%) for general damages is awarded with interest from the date of the award in the lower court.

Republic v Paul Njoroge Maina [2020] KEHC 2166 (KLR)

✦ The court finds the Accused guilty of Manslaughter contrary to Section 202 as read with Section 205 of the Penal Code

Elias Njiru Nyaga & 2 others v Republic [2020] KEHC 2209 (KLR)

✦ The convictions and sentences are set aside.

Republic v Kiilu Nduva & 5 others [2020] KEHC 2185 (KLR)

✦ The court finds that the prosecution established a prima facie case for murder, and the accused persons have a case to answer and should be placed on their defence.

In re Estate of Paul Mwangi Nderito (Deceased) [2020] KEHC 2152 (KLR)

✦ The application is dismissed as there is no established proof of ownership of the properties in the name of the deceased and the court cannot issue orders for the Registrar of Lands to register the plots in the name of the deceased.

In re Estate of Joshua Ngui Paul Maweu (Deceased) [2020] KEHC 2201 (KLR)

Irene Wakeni Muthee & another v Grace Nyambura & another [2020] KEHC 2203 (KLR)

✦ The Applicants' Notice of Motion application is dismissed with costs to the 1st Respondent.

Republic v Josiah Muthiani Maweu [2020] KEHC 2125 (KLR)

✦ The accused is not guilty of murder.

In re Estate of Stephen Guchu Churu (Deceased) [2020] KEHC 10212 (KLR)

✦ The respondent is ordered to deposit the full value of the sale price of the property within 60 days and pay a fine of Kshs.100,000 in default of which she will serve a six-month prison term.