Kenyan case law

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.

Charles Muriuki Wamae v Republic [2016] KEHC 2701 (KLR)

✦ The court finds that there was sufficient evidence to convict the appellant on the main offence, and the sentence imposed was harsh, hence it is disturbed and substituted with a sentence of 10 years imprisonment.

Republic v John Mburu Kaira [2016] KEHC 2394 (KLR)

✦ The accused is acquitted of murder and convicted of manslaughter.

Magic Chemicals Inc v Prapid Enterprises Limited (E.A.) Limited [2016] KEHC 8195 (KLR)

✦ The Court held that the Plaintiff is entitled to interest at 1% per month on the delayed payment of USD 70,350 from 27 June 2013.

Kida Trading Company Ltd v Supplies and Services Ltd & 3 others [2016] KEHC 8171 (KLR)

✦ The court finds that the Plaintiff was not served with the Notice to Show Cause, and thus was not aware of the dismissal. The suit is reinstated.

James Munene Kanyi v Republic [2016] KEHC 2741 (KLR)

✦ The application is dismissed as it falls below the threshold set by article 50(6) of the Constitution.

Margaret Mumbua Mbithi v A.S.K. Sanghan & another [2016] KEHC 2700 (KLR)

✦ The appeal is dismissed. The learned trial magistrate's findings and orders are upheld.

Republic v Inspector General of Police & another Ex-parte Felix Muthemba & another (suing as on their own behalf and as officials of Balozy Welfare Group) [2016] KEHC 8118 (KLR)

✦ The court quashed the respondents' decision to evict the applicants and prohibited the respondents from evicting, demolishing houses, arresting, harassing, intimidating, compelling the attendance of, charging, interrogating, prosecuting, and instituting criminal proceedings against the applicants.

Peter Lesile Jillo v Republic [2016] KEHC 2639 (KLR)

✦ The appeal on sentence is lost. The judgement of the lower court is hereby affirmed.

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

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.

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.

Lucy Karimi v Republic [2016] KEHC 1563 (KLR)

✦ The appeal is allowed, and the appellant is sentenced to the term already served and released forthwith.

Symon Manyara & another v Pauline Wairimu Mahugu t/a Mianda Investments [2016] KEHC 8078 (KLR)

✦ The application is allowed, and the applicant is ordered to bear the costs of the application.

Jane Kagige Geoffrey & another v Wallace Ireri Njeru & 2 others [2016] KEHC 2635 (KLR)

✦ The ruling dated 11th May, 2007 is hereby reviewed and set aside.

Obadia Barasa v Republic [2016] KEHC 2232 (KLR)

✦ The court allows the appeal and sets the appellant free, unless lawfully held.

Africa Merchant Assurance Co. Ltd. v William Muriithi Kimaru [2016] KEHC 2743 (KLR)

✦ Appellant's application for stay of execution is dismissed with costs to the Respondent

Co-operative Bank of Kenya v Lucas Kibegwa Okala (Civil Appeal 117 of 2008) [2016] KEHC 2690 (KLR) (Civ) (6 October 2016) (Judgment)

✦ The court sets aside the judgment of the lower court and enters a judgment in favor of the Plaintiff for Kshs.119,636.60cts with interest at 8% per month, calculated in accordance with the Central Bank of Kenya (Amendment) Act 2000.

Jadiel Karithi v O C S Meru Police Station & 2 others [2016] KEHC 2159 (KLR)

✦ Allow the petition and grant the three prayers sought in the petition

Republic v Cosmas Mulwa Kitulya [2016] KEHC 169 (KLR)

✦ The court finds the prosecution's case proved beyond reasonable doubt and convicts the accused of murder.

Republic v Musa Molenje [2016] KEHC 2564 (KLR)

✦ The court finds that the prosecution has not established a prima facie case and acquits the accused of the murder.

Pauline Cherono Kones & another v Kenya Civil Aviation Authority [2016] KEHC 2595 (KLR)

✦ The court dismissed the preliminary objection.

M'mungiriria Itunga & 2 others v Josphine Ndagoni [2016] KEHC 2547 (KLR)

✦ The court finds the application unmeritorious and dismisses it with costs.

Okuyosi E. Timothy v Kenya Ports Authority Pension Scheme & 2 others [2016] KEHC 2553 (KLR)

✦ The court found that the exparte applicants were not granted a hearing before being served with eviction notices, violating their rights to natural justice.

Peche Foods Limited v Samuel Nchore Chuma [2016] KEHC 2946 (KLR)

✦ The respondent was not an employee of the appellant, and the appellant was not negligent.