Kenyan case law

Sammy Nzau Kaloki v Republic [2016] KEHC 2239 (KLR)

✦ The appeal has no merit and the Appellant shall serve full term in prison

Alexander Okinda Anangwe v Reuben Muriuki Kahuha & 4 others [2016] KEHC 8303 (KLR)

✦ The Defendants have not convinced the Court that any grounds for setting aside the consent judgment exist. The notice of appeal was filed out of time, and there is no evidence of a substantive appeal. The Notice of Motion dated 6th June 2016 is dismissed with costs to the Plaintiff.

R W K v A M A [2016] KEHC 8253 (KLR)

✦ The judgment was not prejudicial to the appellant and the trial Kadhi was at liberty to correct the judgment before releasing it.

Collins Otieno Madara v Republic (Criminal Appeal 59 of 2015) [2016] KEHC 215 (KLR) (13 October 2016) (Judgment)

✦ Conviction quashed, sentence set aside

Erastus Maina Muraya v Kiplege Zochin Khure [2016] KEHC 2677 (KLR)

✦ The application is dismissed with costs to the respondent.

K A S v M M K [2016] KEHC 2739 (KLR)

✦ The marriage is dissolved, and a decree nisi will issue followed by a decree absolute after two months. The parties shall bear their own costs.

Lucas Clinton Ogindi v Republic [2016] KEHC 1939 (KLR)

✦ The court denied the application for bail pending appeal.

Abdirashid Ismael v Republic [2016] KEHC 1743 (KLR)

✦ The conviction is upheld, and the sentence of life imprisonment for rape is set aside. The appellant is sentenced to serve 15 years imprisonment for rape.

Metal Cans Closures (K) Limited v Christopher Mutombi Malonza [2016] KEHC 2648 (KLR)

✦ Leave is granted to the Applicant to file appeal out of time, and the appeal must be filed within 14 days from today. Prayer No. 3 of the application (staying execution pending the appeal) is disallowed. Each party shall bear its own costs of the application.

John Waweru Mwangi (Suing as administrator of the estate of Mark Mwaura Mwangi) v Linus Moses Kosambo & 2 others [2016] KEHC 2692 (KLR)

✦ The application has merit and is allowed. The third party is ordered to deposit the sum of Kshs 11,119,500 to Court within 45 days of this date.

Margaret Ciakuthii Mboani v Charity Mbeta [2016] KEHC 2613 (KLR)

✦ The estate should be distributed as follows: Charity Mbeta Baini - 1.95 acres, Jason Mbaka Baini - 1.70 acres, Jason Mbaka Baini - 1.75 acres, Yulither Karimi Joseph - 0.10 acres, Millicent Kagendo Mbura - 0.10 acres, Kezia Kawira Baini - 0.10 acres, Shalon Wanja Baini - 0.10 acres, Priscilla Njeri Njoka - 0.10 acres, Edith Kanyua Baini - 0.10 acres, Caroline Kangai Baini - 0.10 acres, Festus Mwalimu Muranga (Creditor) - 1.00 acre, Benson Kinyua Mbaka (Creditor) - 1.00 acre, Mutegi Mukono (Creditor) - 0.10 acre, Margaret Ciakuthii Mboani - 0.50 acres.

Cosmas Marete v Bundi Mwiti [2016] KEHC 2537 (KLR)

✦ The application is dismissed with costs.

Didmus Wekesa Barassa v Inspector General of Police & 2 others [2016] KEHC 8288 (KLR)

✦ The application is dismissed with no costs as the Applicant has not demonstrated a breach of his Constitutional rights or freedoms by the police.

In re W K (Patient) [2016] KEHC 1502 (KLR)

✦ The patient is declared to have a mental disorder under the Mental Health Act. N N K and S N W are appointed as legal guardians and managers of the patient's estate and are authorized to access his bank accounts to settle medical bills and ensure his well-being.

In re Chege Njeke Joseph Jack Ndungu Mburu (Petition 90 of 2016) [2016] KEHC 349 (KLR) (Family) (13 October 2016) (Ruling)

✦ The patient is adjudged to be a person suffering from a mental disorder under Section 26 of the Mental Health Act. Joseph Jack Ndungu Mburu is appointed as the guardian and manager of the patient's estate.

Kelvin Macharia Njeru v Republic [2016] KEHC 1753 (KLR)

✦ The conviction is upheld, and the sentence of 3 years imprisonment is reduced to 2 years.

Gilbert Agiwana Khadeji v Pheobe Luvembe Witaba (Succession Cause 12 of 2014) [2016] KEHC 2724 (KLR) (13 October 2016) (Judgment)

✦ The Hamisi Court had jurisdiction to hear the succession cause. The grant and confirmation were defective and obtained fraudulently.

Paul Oramisi Olu v Republic [2016] KEHC 2430 (KLR)

✦ The appeal has no merit and the sentence imposed by the trial court is upheld.

In re Estate of Grace Nyokabi Wamoko (Deceased) [2016] KEHC 2575 (KLR)

Kleenway Contracts Limited v Kenya Airport Authority [2016] KEHC 1103 (KLR)

✦ The Plaintiffs' suit is struck out

Mbarachu Njane v Boniface Mwangi [2016] KEHC 2178 (KLR)

✦ The trial court's decision on quantum was fair and reasonable, and the amount awarded was reasonable and assessed with moderation.

R M v F S [2016] KEHC 1639 (KLR)

✦ The marriage has irretrievably broken down on the grounds of cruelty, desertion, and exceptional depravity.

Abednego Macharia Njiru v Republic [2016] KEHC 2573 (KLR)

✦ The conviction is quashed and the sentence set aside due to the error in charging the appellant with the wrong section of the Sexual Offences Act.

Republic v Felix Kanila Pula [2016] KEHC 1853 (KLR)

✦ The court finds that the prosecution failed to prove the case against the accused and acquits him of the charge of murder.

Republic v Mohamed Noor Kassim [2016] KEHC 1784 (KLR)

✦ The accused is put on his defence and options available under Section 211 of the Criminal Procedure Code are explained.