Kenyan case law

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.

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.

Beekey Supplies Limited & another v Attorney General & another [2016] KEHC 2423 (KLR)

✦ The court finds that the threat of eviction is real and grants a conservatory order pending the hearing and determination of the substantive petition.

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.

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

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

Crown Bus Services Ltd v Geoffrey Mukoto Aweki [2016] KEHC 2678 (KLR)

✦ The court upholds the liability and reduces the special damages by Ksh. 43,738/=, allowing the insurance settlement to be deducted. The award of general damages is upheld, and the appellant is ordered to pay 10% of the appeal costs.

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

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

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.

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.

Dequina Bernie v Cabinet Secretary for Interior & another [2016] KEHC 1213 (KLR)

✦ The applicant is granted leave to apply for Judicial Review Orders of Prohibition, Certiorari, and Mandamus.

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

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.

David Kanyanjua Kamau & 5 others v Nicholas Mungai & another [2016] KEHC 8178 (KLR)

✦ The consent recorded on 12/3/12, the revocation of the grant of probate, and the appointment of the respondents as administrators of the estate were done without full disclosure of material facts and without the consent of all parties. The entire consent is set aside, and the grant of letters of administration intestate is revoked. The grant of probate is reinstated.

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.

Republic v Samuel Miriti [2016] KEHC 2218 (KLR)

✦ The court grants the accused bond in the amount of KShs.200,000/= plus one surety of like sum or cash bail of Kshs.70,000/=

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

Mule Kyalo Mbui v Peter Kyalo & 2 others [2016] KEHC 1884 (KLR)

✦ The application is dismissed with costs.

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.

Khunaif Trading Company v Equitorial Commercial Bank Limited [2016] KEHC 2347 (KLR)

✦ The court ordered the defendant to release the motor vehicles to the plaintiff pending the hearing and determination of the suit.

Ainushamsi Multiple A Limited v Hakika Transport Services Limited & 3 others [2016] KEHC 1849 (KLR)

✦ The court granted the 2nd, 3rd, and 4th defendants' application for interim injunction against the plaintiff.

Keziah Njambi Maingi t/a Arrivals Textile Shop v Barclays Bank of Kenya Limited (Civil Case 773 of 2012) [2016] KEHC 8667 (KLR) (Commercial and Tax) (12 October 2016) (Judgment)

✦ The Plaintiff is entitled to a permanent injunction against the Defendant.

Julius Mutati Kaesa v Republic [2016] KEHC 1091 (KLR)

✦ The appeal is allowed, conviction and sentence are quashed, and the accused is set at liberty.

Bishar Adow Ibrahim v Republic [2016] KEHC 1747 (KLR)

✦ The conviction is upheld, but the sentence is set aside and the appellant is ordered to serve 5 years imprisonment.

Republic v Cetric Likalamu [2016] KEHC 2413 (KLR)

✦ The plea of guilty to manslaughter is not unequivocal because facts have not been read and admitted or controverted by the accused. The prosecution has not made an application to resubstitute the manslaughter charge with murder.

Duale Ahmed v Republic [2016] KEHC 1545 (KLR)

✦ The conviction for defilement is quashed and the sentence set aside. The appellant is set at liberty.