Kenyan case law

• Republic v Samson Kipkoros Langat & 3 others [2014] KEHC 2341 (KLR)

  ✦ The accused will serve a sentence of three (3) years on Probation.

  [2014] KEHC 2341 (KLR) High Court of Kenya 23 October 2014

• David Njagi Kavuira v Republic [2014] KEHC 2318 (KLR)

  ✦ The application for revision is dismissed as the High Court has no jurisdiction to entertain mitigation and the sentence was lawful and reasonable.

  [2014] KEHC 2318 (KLR) High Court of Kenya 23 October 2014

• Arison Murithi Kaumbuthu v Celina Muthoni Bernard & 7 Others [2014] KEHC 2298 (KLR)

  ✦ The Principal Magistrate Court at Chuka acted without jurisdiction and the petitioner obtained the grant by means of concealment of material facts and without consent and knowledge of the applicants/objectors.

  [2014] KEHC 2298 (KLR) High Court of Kenya 23 October 2014

• Peter Njeru Karuana v Eco Bank Kenya Limited & another [2014] KEHC 2189 (KLR)

  ✦ The Plaintiff's Notice of Motion application is dismissed with costs to the 1st and 2nd Defendants.

  [2014] KEHC 2189 (KLR) High Court of Kenya 23 October 2014

• Njagi Wanjeru & Co. Advocates v B. Momanyi T/A Momanyi & Associates Advocates [2014] KEHC 1863 (KLR)

  ✦ The Notice of Preliminary Objection is struck out with costs to the applicant.

  [2014] KEHC 1863 (KLR) High Court of Kenya 23 October 2014

• Benard Mulwa Musyoka v Republic [2014] KEHC 1344 (KLR)

  ✦ The appeal is dismissed in its entirety.

  [2014] KEHC 1344 (KLR) High Court of Kenya 23 October 2014

• Akithii Ranching (Director Agricultural) Company Limited v District Land Adjudication and Settlements Officer - Tigania Districts & 2 others [2014] KEHC 618 (KLR)

  ✦ The court is functus officio and cannot re-open the suit after delivering its judgment. The application for injunction and stay of execution is dismissed.

  [2014] KEHC 618 (KLR) High Court of Kenya 23 October 2014

• Kipkebe Limited v Benard Nyandega Nyambane [2014] KEHC 1645 (KLR)

  ✦ The court dismisses the appeal and awards costs to the respondent.

  [2014] KEHC 1645 (KLR) High Court of Kenya 23 October 2014

• Boaz Richard Mamba v Agricultural Finance Corporation [2014] KEHC 1640 (KLR)

  ✦ The applicant's application is dismissed with costs as it is res judicata and the applicant has not come to court with clean hands.

  [2014] KEHC 1640 (KLR) High Court of Kenya 23 October 2014

• M'rukaria Nkubitu v Julius Ntiribi Rukaria & another [2014] KEHC 162 (KLR)

  ✦ The appeal is withdrawn with costs to the respondents. Costs to be agreed. If not, to be taxed by the Deputy Registrar.

  [2014] KEHC 162 (KLR) High Court of Kenya 23 October 2014

• Republic v J Ky [2014] KEHC 2000 (KLR)

  ✦ The court finds the accused not guilty of murder and acquits him.

  [2014] KEHC 2000 (KLR) High Court of Kenya 23 October 2014

• Akithii Ranching (Directed Agricultural) Company Limited v District Land Adjudication and Settlements Officer Tigania Districts & 2 others [2014] KEHC 261 (KLR)

  ✦ The application is dismissed with costs to the petitioner. The court is functus officio and cannot re-open the suit after delivering its final decision.

  [2014] KEHC 261 (KLR) High Court of Kenya 23 October 2014

• Margaret Auma Omotto v Maria Were Oduor & another [2014] KEHC 2259 (KLR)

  ✦ The court declared the attachment and sale of the Plaintiff's four cows illegal due to non-compliance with the Auctioneers Act and ordered the Respondents to pay the Plaintiff's costs and damages.

  [2014] KEHC 2259 (KLR) High Court of Kenya 23 October 2014

• Republic v Medical Practitioners and Dentist Board & 3 others Ex parte Kenya Hospital Association [2014] KEHC 2231 (KLR)

  ✦ Each party should bear their own costs of the proceedings

  [2014] KEHC 2231 (KLR) High Court of Kenya 23 October 2014

• Republic v Kenya School of Law & another Ex Parte: Ibrahim Maalim Abdullahi [2014] KEHC 2314 (KLR)

  ✦ The transitional period for the minimum requirements for admission to the Advocates Training Programme under the Council of Legal Education Act is not valid, and the existing subsidiary legislation is valid and enforceable.

  [2014] KEHC 2314 (KLR) High Court of Kenya 23 October 2014

• Harish Ramji, Bharatramji & Ashvin Ramji v Mombasa Cement Limited (Environment & Land Case 365 of 2010) [2014] KEHC 2199 (KLR) (Environment and Land) (23 October 2014) (Ruling)

  ✦ The court orders the parties to observe and maintain the present status quo regarding the suit property until the main suit is heard and determined.

  [2014] KEHC 2199 (KLR) High Court of Kenya 23 October 2014

• Republic v Joseph Muimi Douglas (Criminal Case 45 of 2009) [2014] KEHC 379 (KLR) (23 October 2014) (Judgment)

  ✦ The accused is found guilty of murder.

  [2014] KEHC 379 (KLR) High Court of Kenya 23 October 2014

• Mercy Nyambura Kanyara & another v Nyaga Stock Brokers Limited (Under Statutory Management) & 5 others [2014] KEHC 2144 (KLR)

  ✦ The plaintiffs' failure to prosecute the suit does not constitute want of prosecution, and the defendants' application is dismissed.

  [2014] KEHC 2144 (KLR) High Court of Kenya 23 October 2014

• George Bikeri Nyakundi v Republic [2014] KEHC 1009 (KLR)

  ✦ The court denies the Petitioner's request for a retrial due to the lack of new and compelling evidence and the failure to exercise due diligence.

  [2014] KEHC 1009 (KLR) High Court of Kenya 23 October 2014

• M’rithara M’ikiome v H. Young & Co(E.A.) Ltd [2014] KEHC 2295 (KLR)

  ✦ Plaintiff's suit has abated and is incompetent, defendant will get costs of application

  [2014] KEHC 2295 (KLR) High Court of Kenya 23 October 2014

• Republic v Victor Nthiga Kiruthu & another [2014] KEHC 2006 (KLR)

  ✦ The accused persons are found guilty of murder.

  [2014] KEHC 2006 (KLR) High Court of Kenya 23 October 2014

• Republic v Judah Kiogora Ngaruthi & another [2014] KEHC 2003 (KLR)

  ✦ The court finds the prosecution failed to prove malice aforethought and substitutes the charge to manslaughter.

  [2014] KEHC 2003 (KLR) High Court of Kenya 23 October 2014

• Republic v Peter Okoth Oriango [2014] KEHC 1599 (KLR)

  ✦ The accused is found guilty of murder and sentenced to death.

  [2014] KEHC 1599 (KLR) High Court of Kenya 23 October 2014

• Christine Wambui v Manoah Yuka Kabaria & 3 others [2014] KEHC 1833 (KLR)

  ✦ Appellant's application for stay of execution is granted pending appeal, subject to furnishing security equivalent to the decretal sum within 14 days.

  [2014] KEHC 1833 (KLR) High Court of Kenya 23 October 2014

• Ndivo Nzeu v Republic [2014] KEHC 1841 (KLR)

  ✦ The conviction is quashed and the sentence set aside. The appellant shall be released forthwith unless otherwise lawfully held.

  [2014] KEHC 1841 (KLR) High Court of Kenya 23 October 2014