Kenyan case law

Republic v Bryan Willie Marendes [2016] KEHC 8196 (KLR)

✦ The court finds no compelling reasons to deny the accused the right to be released on bond pending hearing.

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.

Bia Tosha Distributors Limited v Kenya Breweries Limited & 4 others [2016] KEHC 468 (KLR)

✦ The court dismissed the preliminary objection.

Antony Ian Ouma v Joyce Penina Adhiambo & another [2016] KEHC 2533 (KLR)

✦ The court revokes the grant of letters of administration to Joyce Penina and orders that Anthony Ian Ouma be given a portion of the properties.

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.

Oasis Park Self Help Group petitioning through John Mutinda & 2 others v Joinven Investments Limited & 2 others [2016] KEHC 2065 (KLR)

✦ The costs are to be paid jointly and severally by the Respondents.

Enid Gatwiri Mbae v Republic [2016] KEHC 8326 (KLR)

✦ The Applicant's sentence is revised to the period served, and she is to be repatriated to Lagos-Nigeria at her cost.

Republic v Kiambu Land Dispute Tribunal & 2 others Ex parte Wambui Chege Macharia & 2 others [2016] KEHC 2557 (KLR)

✦ The application for leave to apply for an order of certiorari is dismissed.

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.

Saferider Management Systems Ltd v Saferider Vehicle Technologies (PTY) Ltd & another [2016] KEHC 1174 (KLR)

✦ The court grants an interim order of injunction to restrain the defendants from publishing defamatory and damaging allegations against the plaintiff until November 22, 2016.

Ndunda Musau & 3 others v Action Aid International & 2 others [2016] KEHC 1583 (KLR)

✦ The court cannot automatically issue the order as prayed by the respondents. The court defers its decision for 30 days to allow the parties to settle the questions raised.

Kennedy Ongere & another v Antony Kinyanjui Kariuki & 2 others [2016] KEHC 8160 (KLR)

✦ Order for stay of execution granted on condition that the Applicants deposit the decretal sum in an interest-earning joint account of the counsels for both parties or in court within 30 days from the date hereof.

Ndombi Tom Wachakana Osolika v Disciplinary Committee of the Law Society of Kenya [2016] KEHC 1614 (KLR)

✦ The court declines to grant leave to file an appeal out of time and dismisses the motion without costs.

Malkit Singh Pandhai v N.I.C Bank Limited & another [2016] KEHC 2598 (KLR)

✦ The Plaintiff's notice of motion is dismissed with costs

Ali Issa Ali v East African Portland Cement Company [2016] KEHC 8162 (KLR)

✦ The appeal has merits and is allowed. The judgment of the lower Court is hereby set aside and judgment entered for the Appellant against the Respondent.

Beatrice Wairimu Kariuki v Solomon Njoroge Kiore & 2 others [2016] KEHC 243 (KLR)

✦ The court grants leave to appeal and a stay of proceedings pending the appeal.

Moses Wachira v Niels Bruel & 2 others [2016] KEHC 8622 (KLR)

✦ The Court granted the Plaintiff's application for leave to execute the decree.

Charles Njagi Nyaga v Air Connection Limited [2016] KEHC 2441 (KLR)

✦ Dismissal was valid due to valid reason and proper disciplinary process was followed

Ephantus Irungu Mwangi v Republic [2016] KEHC 8315 (KLR)

✦ The Appellant's right to a fair hearing was not violated, the case was proved beyond a reasonable doubt, and his defence was considered.

Bernard Simiyu Wawire v Republic [2016] KEHC 2252 (KLR)

✦ The court does not find any merit in the application and dismisses it.

Clement Mundati Kang’ethe v Republic [2016] KEHC 8258 (KLR)

Republic v Hania Said Sagar & others [2016] KEHC 2476 (KLR)

✦ The application for revision is dismissed as the Honorable magistrate arrived at her decision by virtue of her discretionary powers.

Chaitanya Amrital Sevek & another v Republic [2016] KEHC 8266 (KLR)

✦ The court dismisses the application for anticipatory bail as the applicants have not demonstrated a violation of their constitutional rights or a threat of breach thereof.

Mumbo Mwavuo Chiti v Republic (Criminal Appeal 88 of 2015) [2016] KEHC 1998 (KLR) (18 October 2016) (Judgment)

✦ The appeal is allowed, conviction quashed, and sentence set aside. The appellant is set free.

Robert Fred Muga & another v Republic [2016] KEHC 8349 (KLR)

✦ The court orders the release of the motor vehicle Reg. No. KBV 219Y to Moto Gari Ltd. The company is directed to produce the physical vehicle to the trial court when required.