Kenyan case law

David Kimani Gitau v Francis Wainaina [2016] KEHC 1627 (KLR)

✦ The case is remanded to Thika Chief Magistrate's Court for re-trial.

Republic v Registrar of Companies & 4 others Ex-Parte Onesmus Kauna Mwati & 19 others [2016] KEHC 2299 (KLR)

✦ The misjoinder of the 2nd to 4th respondents did not render the proceedings incurably incompetent. The orders sought cannot issue against them.

Andrea Musi Lyadi v West Kenya Sugar Co. Ltd [2016] KEHC 2526 (KLR)

✦ The application is dismissed but with no order as to costs.

Monica Kamuya v Margaret Ndoti Maundu [2016] KEHC 2271 (KLR)

✦ The court found that the plaintiff failed to establish her case against the defendants and that the trial court erred in finding the plaintiff entitled to damages for trespass and conversion.

Armstrong Ochieno Odio v Republic [2016] KEHC 2176 (KLR)

✦ The application for bond is dismissed. The applicant will remain in custody pending trial.

Joshua Muriungi Ng’anathav Benson Kataka Lemureiyani [2016] KEHC 2367 (KLR)

✦ The court varies the judgment of the trial court and orders the defendant to pay the plaintiff Kshs 730,240 in damages

Jacob Thuranira Ichungi v Republic [2016] KEHC 2403 (KLR)

✦ The appeal is dismissed in entirety on both conviction and sentence.

Richard Njogu Kamau v Republic [2016] KEHC 8414 (KLR)

✦ The court found the prosecution's evidence insufficient to prove the appellant's guilt beyond reasonable doubt.

Republic v Ishad Abdi Abdullahi [2016] KEHC 1460 (KLR)

✦ The criminal proceedings are discontinued and the accused is discharged.

Akamba Public Road Services v Abdikadir Adan Galgalo [2016] KEHC 2339 (KLR)

✦ The court sets aside the judgment of the learned trial magistrate and replaces it with a judgment in favor of the Respondent in the sum of Kshs 500,000/= general damages for pain and suffering and loss of amenities, subject to ten (10%) per cent contributory negligence on the part of the Respondent.

Africa Oil Turkana Company Limited & 2 others v Intestate Peetrolem Company Limited & 5 others [2016] KEHC 2083 (KLR)

✦ The application to set aside or review the decision is dismissed with costs to the respondent.

Douglas Ouma Ogwembo v Republic [2016] KEHC 1910 (KLR)

✦ The conviction is quashed and the sentence set aside. The Appellant is set free.

Alice Owano Mulusa v Musa Mbalanya & 2 others [2016] KEHC 2536 (KLR)

✦ The court allows the restraining orders and orders to open a joint account, but fines Alice Owano Mulusa, Dorcas Nanjero, Musa Mbalanya, Tom Mbalanya, and Benson Mbalanya Kshs.5,000 each or three (3) months imprisonment.

Republic v Peter Njue Kamau [2016] KEHC 1779 (KLR)

✦ The accused has a case to answer and must make a defence.

Republic v Simon Atavachi Mukabwa [2016] KEHC 8298 (KLR)

✦ The ruling of the trial court in closing the prosecution's case is set aside, and the prosecution's case is re-opened. The prosecution is given 30 days from 31st October, 2016 to avail their remaining witnesses.

Muriuki Kamau v Attorney General & 4 others [2016] KEHC 2350 (KLR)

✦ The court grants conservatory orders to protect Kamau from arrest and prosecution pending the civil dispute.

Kakuzi Limited v Stephen Nyoike Wainaina [2016] KEHC 2245 (KLR)

✦ The appeal is dismissed with costs to the respondent.

Republic & 5 others v Kadhi (Malindi) & another [2016] KEHC 2512 (KLR)

✦ The application is dismissed with costs to the interested party.

In re estate of Christopher Matu Wanganga (Deceased) [2016] KEHC 2398 (KLR)

✦ School fees for the applicant's children should be paid out of the Consolidated Bank Embu branch funds, and the balance should be shared equally among the beneficiaries. Rents and utilities for the widows will be their personal responsibility.

Republic v M M K [2016] KEHC 1603 (KLR)

✦ The court finds the accused guilty of manslaughter and convicts him accordingly.

Mohamud Mohamed Ali & another v Republic [2016] KEHC 1637 (KLR)

✦ The appeal against conviction is dismissed. The sentence is set aside and reduced to two years imprisonment.

Republic v Robert Cheruiyot & another [2016] KEHC 2298 (KLR)

✦ The court declines to grant a stay and directs the trial magistrate to include the reasons for the acquittal in her final judgment.

John Muchue Mwangi v Republic [2016] KEHC 8265 (KLR)

Republic v Nicholas Onyango Odada & 6 others [2016] KEHC 2061 (KLR)

✦ The accused persons are found not guilty of murder due to doubt regarding their involvement.

Republic v Nairobi City County & Hannah Waithira Gatundu Ex-Parte Boniface Wachira Gichimu [2016] KEHC 2588 (KLR)

✦ The court ordered the respondent, Nairobi City County, to remove the interested party from the open space blocking the applicant's access to his land.