Kenyan case law

Boniface Mutua Mutuku v Republic [2019] KEHC 2219 (KLR)

✦ The conviction is affirmed. The sentence imposed is set aside and substituted with a sentence of thirty (30) years from the date of the sentence by the trial court.

Jeremy Arimbi Murori v Standard Chartered Bank (K) Ltd & another [2019] KEHC 2493 (KLR)

✦ The court granted an order for stay of execution pending appeal, but with conditions

Republic v Kadhi Court at Wajir & another Exparte Abdi Koriyoy Gabow [2019] KEHC 2447 (KLR)

✦ The application is dismissed as an appeal disguised as a Judicial Review.

In re Kenya Airfreight Handling Limited (Insolvency Cause E016 of 2019) [2019] KEHC 2312 (KLR) (Commercial and Tax) (12 November 2019) (Ruling)

✦ The Preliminary Objection is partly upheld with regard to the inclusion of Equatorial Commercial Bank, and the rest of the Preliminary Objection is not a pure point of law to determine the whole suit at this stage.

Alfred Chivatsi Chai & another v Mercy Zawadi Nyambu [2019] KEHC 2083 (KLR)

✦ The appellants were found 100% liable for the respondent's injuries. General damages were assessed at Kshs.200,000/=.

Family Bank Limited v Kukopesha Limited [2019] KEHC 2450 (KLR)

✦ The application is partly merited and leave to file an appeal out of time is granted

Classic Foods Limited v Desley Holdings Kenya Limited [2019] KEHC 2317 (KLR)

✦ The Defendant's defence is struck out for filing out of time without leave of court as provided under Order 7 Rule 1 CPR 2010. Judgment is entered for the Plaintiff for refund of USD 162,500 with interest and costs.

Republic v Simon Mukuzi Obena [2019] KEHC 2556 (KLR)

✦ The court found that the accused did not make the threats attributed to him and that there was no other evidence to prove the offence of murder.

Republic v County Commissioner of Mandera County & another Ex Parte Tawakal Quarry Producers Co-operative Society Limited [2019] KEHC 2524 (KLR)

✦ The court quashes the decision and order of the 1st Respondent banning and prohibiting extraction, excavation, works, working in or thereon and or supply construction materials from or in licensed quarries within Mandera East Sub-County in the County of Mandera for personal or commercial purposes.

Daniel Muthama Mukumbu v Republic [2019] KEHC 2452 (KLR)

✦ The Court of Appeal dismissed the appeal and upheld the conviction and sentence of life imprisonment.

Republic v Harrison Kimani & 3 others [2019] KEHC 122 (KLR)

✦ The court finds and holds that a prima facie case has been established against Michael Nakuti, Shadrack Mitsela, and Brydon Vwamu. They shall be placed on their defence. The court enters a verdict of not guilty against Harrison Kimani.

Samuel Mukundi Kangigi v Republic (Criminal Revision 100 of 2019) [2019] KEHC 2383 (KLR) (12 November 2019) (Revision)

✦ The order of the magistrate dated 29/10/2018 is irregular and prejudicial to the accused and is hereby set aside.

David Wanjohi Ndungu v Republic [2019] KEHC 1602 (KLR)

✦ The appeal is dismissed, and the conviction and sentence are affirmed.

Felix Omondi Oduor & 3 others v Republic [2019] KEHC 2480 (KLR)

✦ The trial was without jurisdiction and declared a mistrial

Republic v Matundura Nyamweya [2019] KEHC 923 (KLR)

✦ The accused, Matundura Nyamweya, is sentenced to 20 years in jail.

Paul Mulusi Kitili v Republic [2019] KEHC 1532 (KLR)

✦ The Court holds that the provisions of section 8 of the Sexual Offences Act must be interpreted so as not to take away the discretion of the court in sentencing. The imposed sentence of life imprisonment is eminently warranted in the present circumstances.

MOO v Republic [2019] KEHC 2259 (KLR)

✦ The Court upholds the conviction and sentence of 20 years imprisonment, dismissing the appeal against sentence.

Republic v Tititi Ole Potot & another [2019] KEHC 1815 (KLR)

✦ The trial will start de novo

Nicholas Wambua Kitheka v Republic [2019] KEHC 2155 (KLR)

✦ The court finds the sentence of 15 years is not wrong in principle, nor manifestly excessive, nor illegal, and does not propose to interfere with it. The period spent in custody will be factored into the sentence.

Al-Wakil Transference and General Trading Company v Sos Kinderdorf International [2019] KEHC 12427 (KLR)

✦ The Court will not rule on the admissibility of the agreement until all evidence is before the Court

Nyamawi Ndoro Chaka v Republic [2019] KEHC 2505 (KLR)

✦ The mandatory life imprisonment sentence is unconstitutional and is hereby set aside. The Petitioner is sentenced to serve a period of thirty-five (35) years in prison.

Cecypo (K) Limited v Kennedy Otieno Agonda [2019] KEHC 160 (KLR)

✦ The application is devoid of merit and is hereby dismissed with costs.

Maurice Onyango Kirah v Attorney General & another [2019] KEHC 2517 (KLR)

✦ Allow petition, quash death sentence, set aside previous decision, remit to trial court for mitigation and resentencing

Republic v Public Procurement Administrative Review Board;Samno Company Limited & another (Interested Parties) Ex parte Ministry of Defence & another [2019] KEHC 775 (KLR)

Alex Wambua Nzengi v Republic [2019 [2019] KEHC 2242 (KLR)

✦ The court finds that the prosecution proved its case beyond reasonable doubt and upholds the conviction and sentence.