Kenyan case law

Joseph Gitonga Kuria v Elizabeth Wambui Gitonga & another [2016] KEHC 2607 (KLR)

✦ The court granted leave to appeal out of time and stayed the execution of the decree pending the appeal.

Pioneer Holdings (Africa) Limited v Jose Eduardo Mully & 3 others (Being sued in their representative capacity as the registered officials of the Universal Church of the Kingdom of God) [2016] KEHC 8644 (KLR)

✦ Judgment in favor of the plaintiff

Sifuna & Company Advocates v Akhtar Shahid Butt & another [2016] KEHC 2755 (KLR)

✦ The court held that the application to set aside the taxing officer's decision on costs should be heard by the court and not the taxing officer.

Republic v District Education Board Kathiani District & another Ex Parte Registered Trustees - African Brotherhood Church [2016] KEHC 2153 (KLR)

✦ The Court quashed the decision of the District Education Board and ordered the Applicant to be allowed to phase out Mitaboni ABC Girls Secondary School.

Republic v Charles Lagat Kipkorir [2016] KEHC 2258 (KLR)

✦ The sentence imposed by the trial court is set aside in so far as the default sentence is concerned, and a default sentence of six months imprisonment is substituted.

Panda Clearing and Forwarding Ltd v Kenya Ports Authority & 2 others [2016] KEHC 2620 (KLR)

✦ The court found that the orders in the court file and issued on the 24/8/2016 are not orders of judicial review as known in law and therefore, the person affected had the option to seek to set them aside.

Republic v Silas Mukira & another [2016] KEHC 2191 (KLR)

✦ The court grants the application made by both accused to be released on bond.

Muinde Matolo v Jonah Kaloki Maingi & 2 Others [2016] KEHC 1920 (KLR)

✦ The prayers sought in the applicant's Notice of Motion are accordingly denied

Isaac Njagi Njeru v Apija Igoki Njeru [2016] KEHC 2439 (KLR)

✦ The caution and restriction on the land are hereby removed, and the Deputy Registrar is authorized to execute the necessary documents for the respondent to obtain her share of the land.

Jeremiah Kilonzo Musyoki & another v Republic [2016] KEHC 996 (KLR)

✦ The conviction against the 2nd appellant in all counts is set aside and he is ordered to be set at liberty. The conviction against the 1st appellant is upheld and the sentence is reduced to seven (7) years imprisonment.

Deposit Protection Fund Board as Liquidator of Prudential Building Society (in Liqudation) v James M. Kahumbura & 10 others [2016] KEHC 8643 (KLR)

✦ The 5th defendant is a necessary party and the application to strike out the suit is rejected.

Mbithi Peter Mutuku v Council of Legal Education & 2 others [2016] KEHC 2669 (KLR)

✦ The court grants the parties their own costs and orders the Respondents to bear the costs.

SN v Cabinet Secretary for the Ministry of Interior and Co-ordination of National Management Services & 2 others (Miscellaneous Civil Application 406 of 2015) [2016] KEHC 8142 (KLR) (Constitutional and Judicial Review) (10 October 2016) (Judgment)

✦ The applicant is not a Kenyan citizen, but she is entitled to the protection of her rights enshrined in Article 47 of the Constitution of Kenya as a foreigner.

John W. Bishop v Republic [2016] KEHC 8259 (KLR)

✦ The court dismissed the application.

Republic v Lukas Macharia Mwangi [2016] KEHC 2493 (KLR)

✦ The court finds no prima facie case and enters a verdict of 'Not Guilty'

Vijaykumar Shamji Patel v Principal Secretary To The National Treasury & 5 others [2016] KEHC 8154 (KLR)

✦ The High Court transfers the case to the Environment and Land Court (ELC) for final disposal and determination of the issues raised in the Petition on merit.

Japheth Ambalwa Angahya, Hassan Adan Ibrahim & Paul Mwangoma Macharia v Republic (Criminal Appeal 269 of 2010) [2016] KEHC 2626 (KLR) (7 October 2016) (Judgment)

✦ The court finds that the appellants fraudulently acquired public property and the sentences meted out were within the premises of the law.

Andrew Wasike Munyole v Attorney General & Another [2016] KEHC 8156 (KLR)

✦ Petitioner's rights under Sections 72(3)(b) and 74 of the Repealed Constitution were violated

Peter Thuo Kamau & another v Lucy Wamaitha Kiarie & 5 others [2016] KEHC 8132 (KLR)

✦ The Plaintiffs are directed to continue in occupation of the suit property pending the hearing and determination of the suit. The court orders the allocation of a date for a pre-trial conference to expedite the hearing.

Republic v The Disciplinary Tribunal of The Law Society of Kenya Ex Parte Raikundalia Ashna [2016] KEHC 8120 (KLR)

✦ The court finds that the applicant was not served with the hearing notices and that she was not afforded an opportunity to be heard. The court grants the application for certiorari and prohibition.

Ondieki Nyatwang’a & another v County Government of Nyamira & another [2016] KEHC 2196 (KLR)

✦ The County Government of Nyamira should yield the portions of land they encroached on to the petitioners, and the petitioners' land boundaries should be fixed as shown in the surveyor's diagram.

Erick Mwirigi Mbaabu & another v Attorney General & 5 others Ex-Parte Wu-Ji [2016] KEHC 8151 (KLR)

✦ The Petitioners failed to clearly plead their claims, but the Court determined the issues and found that the Respondents did not violate the 1st Petitioner's rights.

Republic v Public Procurement Administrative Review Board Ex-Parte Syner- Chemie Limited & 3 others [2016] KEHC 1107 (KLR)

✦ The application for stay is not merited as it would sanction an illegality. The statutory stay on the respondent's decision was in effect by 15th August 2016, and the application is dismissed.

Gerald M. Ochieng v Copyright Board of Kenya & another [2016] KEHC 2596 (KLR)

C W K v Republic [2016] KEHC 2723 (KLR)

✦ The appellant’s appeal is merited and his conviction is quashed and sentence set aside. The appellant is set at liberty unless he is lawfully held.