Kenyan case law

Noah Lokol Ibrahim v Republic [2016] KEHC 2062 (KLR)

✦ The conviction is upheld and sentence confirmed.

In re Estate of Scholastica Wanjiru Wanyee (Deceased) [2016] KEHC 2352 (KLR)

✦ The law firms of Messrs. J M Njenga & Co. and Masore Nyang’au & Co. shall file the bank statement or statements referred to in order (iv) of the consent that was recorded before Kimaru J. on 24th June 2014.

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

✦ The Plaintiffs' suit is struck out

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

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

Caroline Waithira Kago v Stephen Muiruri Njau & another [2016] KEHC 8312 (KLR)

✦ The appeal is dismissed with costs to the respondents

Athanas Obala Obango v Football Kenya Federation & 3 others [2016] KEHC 1330 (KLR)

✦ The court grants the application for enlargement of time and orders that the period originally granted for the filing of the substantive motion shall be enlarged by a further 5 days.

Budhia Builders and Erectors v IMA Agencies Limited [2016] KEHC 2699 (KLR)

✦ The court formally dismisses the suit as the consent order has taken effect and the plaintiff has not taken any preliminary steps to comply with the consent.

Josiah Mutisya Nguu v Clemence Wuganga Mwakideu & another [2016] KEHC 2528 (KLR)

✦ The court granted the stay of execution, finding that the Appellant has demonstrated a likelihood of suffering substantial loss if the stay is denied.

Moses Kinyua Njiru v Republic [2016] KEHC 504 (KLR)

✦ The appeal is dismissed in its entirety.

Peter Kariuki Ndumberi v Republic [2016] KEHC 1181 (KLR)

✦ The court found that the identification parade was flawed and that the evidence did not prove the case beyond a reasonable doubt.

Mohamed Hashin Maalim v Republic [2016] KEHC 1613 (KLR)

✦ The conviction for possession of bhang is upheld, but the sentence is set aside and the appellant is released.

Republic v Denu Lallafa Omar [2016] KEHC 1610 (KLR)

✦ The court grants the prosecution's request for discontinuance of the criminal proceedings.

Esther Mugure Karegi v Penta Tancom Limited [2016] KEHC 552 (KLR)

✦ The High Court cannot transfer a suit which was instituted in a court without jurisdiction.

L W M & another v I N M [2016] KEHC 1117 (KLR)

✦ M N (grandson) is a direct beneficiary to the estate of the deceased and should be considered so in this cause.

Barnabas Kiprono, David Tanui, Sammy Mwitiki, William Metto, Daniel Kosgei & Peter Birir v Kerio Valley Development Authority (Petition 16 of 2013) [2016] KEHC 1870 (KLR) (12 October 2016) (Ruling)

✦ The petitioners are ordered to bear the costs of the application.

Abraham Mwniki Mukaindo v Republic [2016] KEHC 8268 (KLR)

Republic v Henry Malanda Mukabi (Criminal Case 25 of 2012) [2016] KEHC 2665 (KLR) (12 October 2016) (Ruling)

✦ The prosecution has established a prima facie case, and the accused is ordered to proceed with his defense

Butler & 4 others v Redhill Heights Investments Limited & another (Commercial Civil Case 2 of 2016) [2016] KEHC 1313 (KLR) (Commercial and Tax) (12 October 2016) (Ruling)

✦ The High Court had jurisdiction over the matter as the contract was predominantly for construction, not land ownership.

Republic v Ali Kuri Sigirso alias Mohamed [2016] KEHC 2180 (KLR)

✦ The court finds no compelling reasons to deny the accused bond, but notes that the parents must ensure the accused is under their watch and available for hearings.

Annah Kendi v Republic [2016] KEHC 2744 (KLR)

✦ The appeal is upheld, and the conviction and sentence are set aside due to procedural errors.

Kimatu Mbuvi v Patrick Wambua John [2016] KEHC 2068 (KLR)

✦ The Court did not declare the appeal abated and granted the Applicants time to apply for substitution and revival of the appeal.

Musyoka Mwanzi v Republic [2016] KEHC 812 (KLR)

✦ Proceedings are set aside and the matter is ordered to be heard de novo before Hon. R. Ombata, Resident Magistrate.

Robert Opala Omuhinda v Simon Githure Marongo [2016] KEHC 2705 (KLR)

✦ Ownership of the motor vehicle KAW 409V Isuzu Bus was not proved, and the appellant established on a balance of probability that the respondent was vicariously liable for the negligence of the driver.

Serve in Love Africa Trust (Sila Trust) v County Government of Uasin Gishu [2016] KEHC 2251 (KLR)

✦ The consent order is invalid and is hereby set aside.

John Muthama Mulonzi v Associated Batteries Ltd [2016] KEHC 2265 (KLR)

✦ The appeal is allowed. The Defendant is found liable to the Plaintiff at 70% liability. General damages Kshs.80,000 at 100% liability. Interests at court rates on above as from the 9th October 2013. Costs of this appeal and of the trial suit shall be paid by the Defendant with interest thereon at court rates.