Kenyan case law
-
Republic v Larama (Criminal Case E019 of 2020) [2022] KEHC 15509 (KLR) (21 November 2022) (Ruling)
✦ The court finds a prima facie case for murder and orders the accused to proceed as provided under section 306 (2) of the Criminal Procedure Code.
-
Karakacha v Republic (Criminal Appeal E016 of 2022) [2022] KEHC 15548 (KLR) (21 November 2022) (Judgment)
✦ The appeal is dismissed. The conviction and sentence are upheld.
-
JG v PM (Civil Appeal E0162 of 2021) [2022] KEHC 15518 (KLR) (21 November 2022) (Ruling)
✦ The appeal has no merit and is dismissed. The trial magistrate's order transferring the case to Kiambu is hereby validated.
-
Republic v Osoro (Criminal Revision 24 of 2022) [2022] KEHC 15538 (KLR) (Crim) (21 November 2022) (Ruling)
✦ The application for review fails and is hereby dismissed.
-
Republic v Otieto (Criminal Case 47 of 2013) [2022] KEHC 15717 (KLR) (21 November 2022) (Ruling)
✦ The court finds no prima facie case has been established and acquits the accused.
-
Diamond Trust Bank Kenya Limited v Kanda & another (Civil Appeal 41 of 2021) [2022] KEHC 15554 (KLR) (21 November 2022) (Judgment)
✦ The court finds no error in the Magistrate's decision regarding the provisions of Order 23 of the Civil Procedure Rules, the finding that the 2nd Respondent's account had sufficient funds, and the failure to properly consider the Appellant's replying affidavit.
-
Odhiambo v Republic (Criminal Appeal E003 of 2022) [2022] KEHC 15565 (KLR) (21 November 2022) (Judgment)
✦ The appeal against sentence is dismissed. The appellant deserved the sentence imposed, which though the minimum mandatory, was lawful and the trial court considered his mitigations and aggravating circumstances.
-
Odhiambo v Republic (Anti-Corruption and Economic Crimes Appeal 30 of 2019) [2022] KEHC 15541 (KLR) (Anti-Corruption and Economic Crimes) (21 November 2022) (Judgment)
✦ The court found that the prosecution proved the charge in Count 1 beyond reasonable doubt and upheld the sentences.
-
Ethics & Anti-Corruption Commission v Estama Investment & 20 others; Kenya Goodland Investments Co. Ltd & another (Interested Parties) (Anti-Corruption and Economic Crimes Civil Suit 1 of 2018) [2022] KEHC 15540 (KLR) (Anti-Corruption and Economic Crimes) (21 November 2022) (Ruling)
✦ The application to further amend the plaint is granted, and the Amended Plaint shall be filed and served within 21 days of this order. There shall be no order for costs.
-
Republic v Koech (Criminal Case 11 of 2018) [2022] KEHC 15576 (KLR) (21 November 2022) (Ruling)
✦ The accused has a case to answer and is placed on his defence
-
Mutura v Mutwiri (Civil Case E005 of 2022) [2022] KEHC 15517 (KLR) (21 November 2022) (Judgment)
✦ The Court of Appeal upheld the trial court's decision on quantum, finding the award of Kes 900,000/= for a single fracture of the femur to be reasonable and just.
-
In re Estate of Nuru Kinoti Ali alias Nooru Nuru Ali (Deceased) (Succession Cause 384 of 2002) [2022] KEHC 15895 (KLR) (21 November 2022) (Ruling)
✦ The court lacks the requisite jurisdiction to determine the claim for title to and occupation of land arising from subdivisions of LR. Abogeta/U-Kithangari/859 and the case is dismissed.
-
Republic v Musau & another (Criminal Case E057 of 2021) [2022] KEHC 15542 (KLR) (Crim) (21 November 2022) (Ruling)
✦ The application fails and is hereby dismissed.
-
Munjuri & 3 others (Suing as members and on behalf of members of Nyambene Miraa Traders Association and the citizens of Meru County) v Head of Public Service and Chief of Staff Hon Joseph Kinyua & 3 others; County Government of Meru (Interested Party) (Petition 10 of 2017) [2022] KEHC 15504 (KLR) (21 November 2022) (Ruling)
✦ The application to commit the PS Ministry of Finance, Managing Trustee Commodities Fund, the 4th intended interested party, and the PS Ministry of Agriculture to civil jail is unmerited.
-
Ntongai v Republic (Criminal Appeal E055 of 2022) [2022] KEHC 15524 (KLR) (21 November 2022) (Judgment)
✦ The appeal is dismissed. The conviction and sentence are upheld.
-
Republic v Otieto (Criminal Case 47 of 2013) [2022] KEHC 15590 (KLR) (21 November 2022) (Ruling)
✦ The court finds no prima facie case has been established and acquits the accused.
-
In re Estate of Luke Owuor Ochido (Deceased) (Probate & Administration E015 of 2021) [2022] KEHC 15544 (KLR) (21 November 2022) (Ruling)
✦ The court granted the application for an order of stay of execution pending the appeal.
-
Republic v Rotich (Criminal Case 21 of 2018) [2022] KEHC 15578 (KLR) (21 November 2022) (Ruling)
✦ The Accused has a case to answer and is entitled to elect the mode of his defence.
-
Kirimi v Republic (Criminal Appeal E054 of 2022) [2022] KEHC 15506 (KLR) (21 November 2022) (Judgment)
✦ Conviction and sentence for rape are unsafe. Convicted of burglary instead, with a 2-year imprisonment term substituted for the original 10-year sentence.
-
Odhiambo v Republic (Criminal Appeal E002 of 2022) [2022] KEHC 15582 (KLR) (21 November 2022) (Judgment)
✦ The appeal against sentence is dismissed. The sentence of 20 years imprisonment is upheld.
-
In re Estate of Late Peter Nyamwala Sungu (Deceased) (Succession Cause 144 of 2022) [2022] KEHC 15648 (KLR) (18 November 2022) (Ruling)
✦ The entire original Bondo file is to be transmitted to Madiany Law Courts for determination.
-
Opiyo v Republic (Miscellaneous Criminal Application E140 of 2022) [2022] KEHC 15563 (KLR) (18 November 2022) (Ruling)
✦ The application is dismissed as there is no merit and no reason for the procrastination.
-
Mbirira & 11 others v Attorney General & 4 others; Council of Governors (Intended Interested Party) (Petition 117 of 2020) [2022] KEHC 15441 (KLR) (Constitutional and Human Rights) (18 November 2022) (Judgment)
✦ The entire Public Finance Management Coffee Cherry Advance Revolving Fund Regulations, 2020 are declared illegal, invalid, null and void.
-
TJO (Suing as father and next friend of NM (Minor) v Riara Springs Girls’ High School (Petition 468 of 2019) [2022] KEHC 15456 (KLR) (Constitutional and Human Rights) (18 November 2022) (Judgment)
✦ The court found that the respondent has legal capacity to sue or be sued, and the petitioner is entitled to the reliefs sought.
-
Kiplagat & another v Consolidated Bank (Civil Case 73 of 2018) [2022] KEHC 15470 (KLR) (18 November 2022) (Judgment)
✦ The court held that a permanent injunction cannot issue in the circumstances and denied the Plaintiffs' request.