Kenyan case law
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Mboe Sambu Resources Ltd v Stephen Samwel Paino & another [2020] KEHC 2398 (KLR)
✦ The delay is excusable and no grave injustice will be caused to the defendant. The application is dismissed with costs ordered to be costs in cause.
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Diana Maisie Osano Odero t/a Odero & Associates Advocates v Dawid Abdulrahman And Saad Migdad t/a Abudulrahman Saad & Company Advocates & another [2020] KEHC 10192 (KLR)
✦ The court orders the defendants to pay the outstanding balance of Kshs 40.5 million and interest at 10% per month, and restrains the second defendant from charging, transferring, mortgaging, or dealing with the property until the defendants comply with the judgment.
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Republic v Wycliffe Okoth Nyakach [2020] KEHC 29 (KLR)
✦ The Court finds that the accused cannot rely on both identification and intoxication as defenses.
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City Clock Limited v County Clock Kenya Limited & another [2020] KEHC 10193 (KLR)
✦ The plaintiff is granted leave to amend its plaint, and the defendants are granted leave to amend their pleadings.
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Migori Teachers Co-operative Saving & Credit Society Limited v MSL Savings & Credit Co-operative Society Ltd; Co-op Holding Co-operative Society Ltd (Interested Party) [2020] KEHC 2249 (KLR)
✦ The application should succeed and there shall be a stay of execution in terms of prayer 3 of the Notice of Motion provided that the applicant shall file a bank guarantee for any decree and costs that may be declared against it, limited to Kshs. 15,000,000/= (fifteen million). This has to be filed within 30 days from the date of this ruling.
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James M. Njiri v National Bank of Kenya Limited [2020] KEHC 2262 (KLR)
✦ The plaintiff's application is allowed, the dismissal order is set aside, and the suit is reinstated for hearing in the Employment and Labour Relations Court.
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In re F (Baby) [2020] KEHC 2412 (KLR)
✦ The court allows the prayers for adoption and orders the Applicants to be allowed to adopt Baby F.
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In re A (Infant) [2020] KEHC 2470 (KLR)
✦ The court granted the application to presume Baby A. as a Kenyan citizen, to authorize the Applicants to adopt Baby A., to appoint EOO of Post Office Box Number [....], Nakuru as the Legal Guardian of the minor, and to direct the Registrar General to make an entry recording the adoption in the Adopted Children Register and to issue the child with a certificate of birth in the name of AE.
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Boniface Gichira Kaburu v Republic [2020] KEHC 2294 (KLR)
✦ The court upheld the sentence as it was within the range provided by the law and aimed at protecting the public during the pandemic.
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Across Africa Safaris & another v John Wang’ombe (Sued as legal representative of the Estate of Jane Kamene-Deceased) & another [2020] KEHC 2283 (KLR)
✦ The 2nd respondent is held liable for the accident, but the appellants are not held liable due to lack of evidence of ownership of the second vehicle at the time of the accident.
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Josphat Muriuki Ngaru v Republic [2020] KEHC 1855 (KLR)
✦ The sentence is set aside and substituted with a term of fifteen (15) years imprisonment
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Republic v Attorney General & another Exparte Josephat Muchiri Ndegwa [2020] KEHC 2279 (KLR)
✦ The ex parte Applicant is entitled to an order of mandamus compelling the 2nd Respondent to pay the decretal sum and costs.
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Insurance Company of East Africa Limited v Ernest Jacob Kisaka [2020] KEHC 2315 (KLR)
✦ The court dismissed the application as there is no suit that can be reinstated and the plaintiff has not been penalized for a mistake of counsel.
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In re Estate of Mugwika Rimberia (Deceased) [2020] KEHC 93 (KLR)
✦ Application for revocation is dismissed
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Flight Source International Limited v Nation Media Group Limited; Family Bank Limited (Interested Party) (Miscellaneous Application 78 of 2020) [2020] KEHC 10271 (KLR) (Civ) (15 October 2020) (Ruling)
✦ The court allows the application to the extent that the status quo is maintained pending the hearing and determination of the appeal, grants leave to file the memorandum of appeal, and orders that the same be deemed as duly filed upon payment of the requisite court fees within 7 days from the date of the ruling.
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Republic v Mary Wangoi Waweru [2020] KEHC 1663 (KLR)
✦ The court found that the prosecution had not established the elements of murder beyond reasonable doubt and acquitted the accused
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David Gitonga Mwariama v Republic [2020] KEHC 2435 (KLR)
✦ The Appellant was convicted upon good and sound evidence and the charge was proved beyond reasonable doubt. The conviction is safe. The sentence was lawful and well-deserved.
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Wilson Macharia Kabugi v Equity Bank Limited [2020] KEHC 2195 (KLR)
✦ The application to join the 2nd defendant is allowed.
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Republic v Evans Otieno Aduol & another [2020] KEHC 32 (KLR)
✦ The Court finds the prosecution's evidence insufficient to prove the accused persons' guilt beyond reasonable doubt.
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Alpha Grain Millers Limited, Capwell Industries Limited, Kabansora Millers Limited, Karibu Flour Mills Limited, Kitui Flour Mills Limited, Mombasa Maize Millers Limited, Osho Grain Millers Limited & Pembe Flor Mills Limited v Ministry of Agriculture, Livestock and Fisheries & Attorney General (Miscellaneous Application E871 of 2020) [2020] KEHC 10191 (KLR) (Commercial and Tax) (15 October 2020) (Ruling)
✦ The application is allowed with costs awarded to the applicants
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Murkomen & another v Jubilee Party & 5 others (Constitutional Petition 157 of 2020) [2020] KEHC 1563 (KLR) (Constitutional and Human Rights) (15 October 2020) (Ruling)
✦ The Court finds that the Petitioners' withdrawal of the Petition was not a concession to the Respondents' preliminary objections and thus the Petitioners are not entitled to costs.
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In re JK (Child) [2020] KEHC 10163 (KLR)
✦ The court finds it in the best interest of the child to be adopted by the applicant and allows the adoption.
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Morgan Kiplimo Wananda v Republic [2020] KEHC 2088 (KLR)
✦ The death sentence is set aside and replaced with a custodial sentence of 12 years
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Okiya Omtatah Okoiti & another v Kenya Power and Lighting Company Limited (KPLC) & 4 others [2020] KEHC 2508 (KLR)
✦ The court has jurisdiction to determine the petition.
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Musa Bandari & 2 others v Kenya Railways Corporation & 3 others [2020] KEHC 2492 (KLR)
✦ The court finds that the petition meets the threshold laid out in the Trusted Society of Human Rights Alliance (supra) and that the petitioners have not discharged the burden of proof.