Kenyan case law
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Republic v E N [2015] KEHC 1624 (KLR)
✦ The accused is found guilty but insane under Section 166(1) of the Criminal Procedure Code
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Diani Business Welfare Association and others v County Government of Kwale (Petition 39, 45, 61 & 63 of 2014) [2015] KEHC 1968 (KLR) (23 October 2015) (Ruling)
✦ The Court found that the Act lacked public participation, as required by Articles 10 and 201 of the Constitution and Sections 87, 91, and 137 of the County Governments Act and Public Finance Management Act.
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Patrick S.K. Kimiti v John Ngugi Gachau & another [2015] KEHC 114 (KLR)
✦ The appeal was dismissed. The trial court's order granting leave to file suit out of time was upheld. The defendant was found negligent for failing to put a safety clause in the agreement or obtain a professional undertaking from the vendors' advocates.
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Elsek & Elsek (K) Limited v Kenya Commercial Bank Ltd [2015] KEHC 8324 (KLR)
✦ The Defendant is entitled to exercise its statutory power of sale upon default by the Plaintiff, but the Plaintiff is constitutionally entitled to protection of his property. The Defendant and its agents are stopped from selling off or disposing off the suit property until a new valuation report prepared by an agreed Valuer is prepared.
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John Muchemi Ndungu, Peter Ngulu Kimuli & Kori Kamuyu (as Chairman, Vice Chairman, Secretary respectively of Maili Saba Mwengenye Self Help Group) v Upsana Kent (sued as the Administrator of the estate of Ranbir S/O Keharchard) & Unity 45 Housing Cooperative Society Limited (Environment & Land Case 353 of 2009) [2015] KEHC 280 (KLR) (Environment and Land) (23 October 2015) (Ruling)
✦ The High Court's decision is upheld, and the self-help group's rights to the land are confirmed.
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In Re Estate Of Kamau Muthami (Deceased) [2015] KEHC 1696 (KLR)
✦ The share of the deceased, Idah Njeri, should go to her estate since she died after the confirmation of the grant. The parties are directed to initiate a cause in the estate of the late Idah Njeri to resolve the issues raised.
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Mary Njeri v Republic [2015] KEHC 1789 (KLR)
✦ The sentence of one year imprisonment on each count is set aside and substituted with a fine of Shs 20,000/= in default and 4 months imprisonment on the first count, and a fine of Shs 30,000/= in default and 4 months imprisonment on the second count.
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Republic v Coffee Board of Kenya & 2 others [2015] KEHC 1956 (KLR)
✦ The County Government’s circular is quashed and the applicant is prohibited from being compelled to mill or market its coffee through Sagana Coffee Mills.
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Coast Water Services Board v Achayo & 5 others (Petition 30 of 2014) [2015] KEHC 1909 (KLR) (23 October 2015) (Judgment)
✦ The Court held that the Water Act should be interpreted to give effect to the Constitution.
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Dorcas Florence Kombo v Royal Media Services [2015] KEHC 1462 (KLR)
✦ The reference is dismissed, and the summons is ordered dismissed with costs to the Plaintiff.
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Maltauro Construction Co. Ltd v Sermetey Enole Sordo [2015] KEHC 1776 (KLR)
✦ The judgment is set aside due to the trial magistrate's removal from office and the late delivery of the judgment.
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Patricia Mumbi Gateru v Apa Insurance Limited [2015] KEHC 7825 (KLR)
✦ The Plaintiff is entitled to the reliefs sought against APA Insurance Limited.
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Joseph Gitahi Gachau & another v Pioneer Holding (Africa) Limited & 2 others [2015] KEHC 305 (KLR)
✦ The plaintiffs are granted leave to file and serve an amended plaint, and the defendants are granted leave to file their defence and counterclaim.
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John Bosco Maundu v William Wambua Kiwia & 2 others [2015] KEHC 1478 (KLR)
✦ The motion is allowed in terms of prayers 3, 4 and 5
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Kenya Anti-Corruption Commission v Kamlesh M.D. Pattni & 16 others [2015] KEHC 1466 (KLR)
✦ The references are dismissed with costs to the 13th and 16th defendants
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Republic v David Benson Kipkerich Chumo [2015] KEHC 1546 (KLR)
✦ The accused is placed on his defence under Section 306 (2) of the Criminal Procedure Code.
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Republic v Muthiora Thuranira [2015] KEHC 1732 (KLR)
✦ The accused is found guilty of murder.
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S O N v E A O [2015] KEHC 1652 (KLR)
✦ The respondent has not violated the orders of the Children's Court as the orders were superseded by the High Court's orders, which were then revised by the Court of Appeal.
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Republic v Land Disputes Tribunal, Karuri & 2 others [2015] KEHC 7856 (KLR)
✦ The court declines to grant leave to the Applicant to apply for judicial review orders as prayed in the chamber summons application dated 3rd October, 2014.
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Republic v Oldonyonyokie Group Ranch Registrar of Group Representatives Ex parte Joseph Sapati Sakaya, James Sankaire, Eliud Pussaren Ntompo, Daniel Ng’otiek Njui, Ng’otiek Meshololo, David Selela Rakua, Julius Matiilong Karei, Koinata Ole Tiges, Brian Shapashina Kereto, Joseph Leng’en Nkodupoi, Loishoo Lolamal, Rapaiyo Kertela & Samperu Maritet (Judicial Review Miscellaneous Application 88 of 2015) [2015] KEHC 896 (KLR) (23 October 2015) (Ruling)
✦ The court grants the ex-parte Applicants leave to apply for certiorari to quash the proceedings and election of officials of Oldonyonyokie Group Ranch, and mandamus to compel the Registrar of Group Representatives to convene a Special General Meeting.
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Molo Group Shuttle Ltd v Sub-County Administrator Naivasha & another [2015] KEHC 1766 (KLR)
✦ The court finds that the Respondents were entitled to raise jurisdictional objections at the earliest opportunity. The court grants a temporary injunction and stay of proceedings pending appeal.
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Orthodox Towers Management Company Limited & another v Prime Bank (Kenya) Limited & another [2015] KEHC 580 (KLR)
✦ The court ordered the defendant to allow the plaintiffs access to the account and release the funds in terms of the motion.
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Pethad Ramnik Shantilal & another v Republic [2015] KEHC 1963 (KLR)
✦ The appellants were properly convicted and sentenced and their appeal is dismissed.
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East African Breweries Limited v Aristide Brillant Nkoumondo [2015] KEHC 1453 (KLR)
✦ The court finds that the suit discloses no reasonable cause of action and is dismissed.
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Muthamiah Isaac v Leah Wangui Kanyingi [2015] KEHC 213 (KLR)
✦ The appeal is allowed, the judgment of the trial court is set aside, and the case is remanded for further hearing.