Kenyan case law

Republic v Yusufu Abdullahi Chute [2016] KEHC 2174 (KLR)

✦ The court finds that the prosecution has proved the accused committed the offence of manslaughter and substitutes the charge from murder to manslaughter.

Patrick Chomba Wanjohi v Republic [2016] KEHC 8202 (KLR)

✦ The charge sheet is not defective. The appellant was accorded a fair trial. There were no material inconsistencies in the prosecution's case. The prosecution proved its case to the desired threshold. The trial court did not disregard the appellant's defense without giving sound reasons.

J W M v M M M [2016] KEHC 2118 (KLR)

✦ The marriage is dissolved, and the Petitioner is awarded joint legal custody of the children, with physical custody of the minor son to the Respondent.

D. K. D v Republic [2016] KEHC 1808 (KLR)

✦ The conviction and sentence are quashed, and the Appellant is released

Michael Angara Paul v Republic [2016] KEHC 2668 (KLR)

✦ The appeal is dismissed. The conviction and sentence of the lower court are upheld.

Republic v George Odhiambo Okal [2016] KEHC 2786 (KLR)

✦ The court finds the prosecution has made a prima facie case against the accused, warranting him to be put on his defense.

Moses Omondi Okello & another v Lawrence Oloo Oyamo [2016] KEHC 2629 (KLR)

✦ The application to revoke the grant is dismissed with an order that parties bear their own costs.

Francis Nzivo Munguti & another v Agnes Nechesa Preston [2016] KEHC 1951 (KLR)

✦ The appeal is partially successful, with the awards for loss of consortium and loss of dependency set aside. The total sum of Kshs.594,284 is awarded to the respondents.

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

✦ The court dismissed the preliminary objection.

Republic v Jared Nyangae [2016] KEHC 53 (KLR)

✦ The court finds no evidence linking the accused to the murder and sets him at liberty

Ali Juma Okumu v Equator Bottlers Limited [2016] KEHC 2850 (KLR)

✦ The appeal is dismissed with costs.

Calvin Ouma & 2 others v Republic [2016] KEHC 8364 (KLR)

✦ The court finds that the prosecution failed to prove the accused's guilt beyond reasonable doubt and acquits them.

Republic v Director of Public Prosecution & another [2016] KEHC 1820 (KLR)

✦ The court quashed the decision of the Kitale County Criminal Investigation Officer to confiscate and detain the motor vehicle registration number KBH 126W Toyota Corana Saloon.

Republic v Lydia Wamuyu Wambui [2016] KEHC 1993 (KLR)

✦ The court sentences the accused to a three-year probation term, with the first year spent at a Probation Hostel to train her with skills for self-reliance.

Mumias Sugar Co Ltd v Yusuf Swaka Wanga (Civil Appeal 105 of 2013) [2016] KEHC 2697 (KLR) (5 October 2016) (Judgment)

✦ The court dismissed the appeal and upheld the trial court's decision

Republic v Registrar of Titles Department of Lands & another Ex-Parte National Museums of Kenya & 2 others [2016] KEHC 1137 (KLR)

✦ The 1st interested party is a necessary party to these proceedings and the exparte applicant is entitled to the orders sought.

C.I.C. General Insurance Company Ltd v Joseph Warui Mwangi [2016] KEHC 2486 (KLR)

✦ The Appellant's counterclaim for avoiding liability due to non-disclosure was dismissed, and the Respondent's claim for compensation was upheld.

John Ndirangu Kiboga & others v Attorney General & 2 others [2016] KEHC 2681 (KLR)

Daudi Tonje v Peter Wekesa Namutale [2016] KEHC 498 (KLR)

✦ The court held that the appellant was not wholly responsible for the respondent's injuries and that the damages awarded were excessive.

Republic v Jacqueline Gacheri Mugambi & 2 Others (Criminal Revision 167 of 2016) [2016] KEHC 8111 (KLR) (Crim) (5 October 2016) (Ruling)

✦ The trial court's decision to close the prosecution's case is set aside, and the prosecution is granted one more chance to present its witnesses.

Republic v Registrar of Companies Interested Party Githunguri Ranching Co.Ltd [2016] KEHC 1201 (KLR)

✦ The court denied the application for review, finding that the applicant did not make out a case for review and that the applicant's arguments were similar to those made before Justice Korir W.

John Wakabiu Cini v Republic [2016] KEHC 1611 (KLR)

✦ The appeal is dismissed. The conviction and sentence are upheld.

Ndemo v Director of Public Prosecutions & 4 others (Miscellaneous Civil Application 192 of 2016) [2016] KEHC 1384 (KLR) (Judicial Review) (5 October 2016) (Judgment)

✦ The court declared that the initiation, maintenance, and prosecution of the applicant's case are abuses of the criminal justice system and contraventions of his constitutional rights.

Republic v Francis Maseti Mulembani & another [2016] KEHC 1819 (KLR)

✦ The first accused, Francis Maseti Mulembani, is found guilty of murder. The second accused, Joab Powon Loitalima, is acquitted.

High Flyer Services & Publishers Limited v Peter Gichuki Mwangi t/a High Flyer Publisher (Civil Suit 107 of 2013) [2016] KEHC 131 (KLR) (Commercial and Tax) (5 October 2016) (Ruling)

✦ The Court granted the injunction application.