Kenyan case law

Ndombi Tom Wachakana Osolika v Disciplinary Committee of the Law Society of Kenya & another [2015] KEHC 7769 (KLR)

✦ The applicant's submissions were not considered, but the Disciplinary Committee had jurisdiction to err and the mere fact of an error on the merits does not justify quashing the decision through judicial review.

In re K R (Baby) [2015] KEHC 7888 (KLR)

✦ The applicants are allowed to adopt Baby K.R. and the child's date of birth is presumed to be 7th August 2012.

Abraham Yakobo v Republic [2015] KEHC 7792 (KLR)

✦ The Appellant is acquitted of attempted murder and the sentence is set aside. The Appellant's conviction and sentence on the three counts under the Firearms Act are upheld.

Chetan Lalit Kumar Vakharia & another v S O Owinga [2015] KEHC 1474 (KLR)

✦ The court grants the Appellants/Applicants' request to vary/review the ruling and set aside the directions, extending the time to prosecute the appeal to 60 days and staying execution pending the appeal.

J O O v M B O [2015] KEHC 1843 (KLR)

✦ The court finds the respondent undeserving of permanent alimony and orders the parties to pursue division of matrimonial property in a separate suit. The children are adults and do not need custody or maintenance.

Republic v John Mbuthia Njenga [2015] KEHC 487 (KLR)

✦ The court sentences the accused to a custodial sentence of 12 years.

Rift Valley Railways Limited v Jeremiah Kyalo Mwanthi [2015] KEHC 1491 (KLR)

✦ The appeal is dismissed and the appeal is heard at Nairobi by a single judge within the next 30 days, failing which it shall stand dismissed.

Republic v Wanyeki Waweru [2015] KEHC 663 (KLR)

Calbert Limited v Estella Company [2015] KEHC 2194 (KLR)

✦ The defendant cannot be called upon to pay the plaintiff's costs. Each party shall meet their own costs.

Republic v Thomas Kisaka [2015] KEHC 1959 (KLR)

✦ The accused is found guilty of murder.

In re G N K (The Patient) [2015] KEHC 2012 (KLR)

✦ Petition granted in part, allowing declaration of mental disorder and appointment of petitioners as trustees of the subject's estate.

Republic v John Oketch [2015] KEHC 650 (KLR)

✦ The accused is admitted to bail on the following terms: cash bail of KShs.100,000 or a bond of KShs.250,000 with one surety of the same amount. The accused should not interfere with any of the witnesses during the period pending the hearing of the prosecution case.

Essar Telecom Kenya Limited v Joseph Ondongo Okumu & another [2015] KEHC 1367 (KLR)

✦ The court grants the defendant's application for security for costs and orders the plaintiff to furnish security for costs in the sum of Kshs 2,000,000 within 21 days from the date of the ruling.

Onesimus Nyakundi v Republic [2015] KEHC 1796 (KLR)

✦ The sentence is reduced to 10 months imprisonment from the date of sentence.

Republic v Mohammed Ume Ado [2015] KEHC 478 (KLR)

✦ The accused has a case to answer and may exercise the options available to him in his defence.

Abdi Sitienei & 4 others v Kaptuktuk Farm Ltd & 6 others [2015] KEHC 2195 (KLR)

✦ The suit is dismissed for want of prosecution, but the suit against the 1st defendant is allowed to proceed.

Republic v Nairobi City County Government & 6 others Ex Parte Mike Sonko Mbuvi [2015] KEHC 2127 (KLR)

✦ The court needs to view and witness for itself the 2 points along Thika Superhighway where traffic gridlocks build up due to unwarranted bumps and rubble strips.

Boniface Musembi Kisome v Julius Musee Ndambuki [2015] KEHC 1061 (KLR)

✦ The application is allowed with costs to the respondent.

In re DN (Child) (Miscellaneous Application 96 of 2015) [2015] KEHC 6959 (KLR) (Family) (15 October 2015) (Ruling)

✦ An adoption order is permanent and irrevocable, except where there is proved fraud, material procedural irregularity, or exceptional reason. No fraud, material procedural irregularity, or exceptional reasons were proved in this case.

Mwaniki Mwara T/A Mt. Kenya Java Wines and Spirits Ltd v Richard Ngotho & 2 others [2015] KEHC 1421 (KLR)

✦ Allow prayer one (1) of the application, deny prayer two (2). The applicant is arrested and admitted to bail.

Republic v Asher Otieno Ochieng [2015] KEHC 489 (KLR)

✦ The accused is put on his defence

David Muchangi v Republic [2015] KEHC 1444 (KLR)

✦ The conviction and sentence are upheld. The appeal has no merit.

Kyambi Muthangya v Beatrice Kamene Muthangya & another [2015] KEHC 1068 (KLR)

✦ The court granted the application for preservation of the estate and issued restraining orders.

Republic v Wycliff Mwilu Mutinda [2015] KEHC 1637 (KLR)

✦ The accused is found guilty of murder

Republic v Onesmus Mutuku Mwololo [2015] KEHC 1618 (KLR)

✦ The application for bail pending trial is denied due to the accused's potential as a flight risk.