Kenyan case law
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Kamimi Company (1976) Ltd & another (Suing on his own behalf and on behalf of other Residents of Mombasa North, Mtwapa Mombasa v Bamburi Cement Limited [2020] KEHC 2577 (KLR)
✦ The court sets aside the default order and reinstates the application, directing that the application be heard at the earliest opportunity and ordering the plaintiff to pay the defendant's thrown-away costs.
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Omulo Okoth v Sam Nyamweya & 2 others [2020] KEHC 2549 (KLR)
✦ The motion for a stay of execution pending appeal is allowed on condition that the defendants deposit the principal sum of Ksh.9,000,000 in an interest earning account in the joint names of advocates and or firms of advocates appearing in this matter within 60 days from the date hereof. In the alternative, the defendants should provide a bank guarantee for Ksh.9,000,000 within a similar period of 60 days.
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In re Joyce Wanjiku (Debtor) [2020] KEHC 10159 (KLR)
✦ The court allows the application and grants an interim order allowing the debtor to make a Scheme of Arrangement, with the condition that she nominates an authorised Insolvency Practitioner as supervisor.
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Robert Kiplangat Too v Republic [2020] KEHC 65 (KLR)
✦ The appeal against the sentence is allowed, and the appellant will serve 10 years' imprisonment with effect from 27th March 2018
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Republic v Office of the Attorney General & 7 others [2020] KEHC 228 (KLR)
✦ The court found the charges to be without legal foundation and the decision to subject the applicant to orderly room proceedings to be irrational and procedurally irregular.
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David Wafula Wangila v Republic [2020] KEHC 10160 (KLR)
✦ The court found the evidence insufficient to support the conviction and sentence, and ordered a retrial.
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Patrick Munyao & another v Standard Chartered Bank (K) [2020] KEHC 2205 (KLR)
✦ The Plaintiffs' application is without merit and is hereby dismissed with costs to the Defendant.
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Mike Kipchirchir Kimongo v Republic [2020] KEHC 293 (KLR)
✦ Application dismissed as reeks of an appeal against conviction and sentence.
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Thomas Msaberi Kademi v Republic [2020] KEHC 248 (KLR)
✦ The appeal is upheld, and the conviction for Child Prostitution is quashed. The conviction for Child Pornography remains.
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Martin Karugu Nganga v Republic [2020] KEHC 2610 (KLR)
✦ The court found the evidence insufficient to support the conviction and sentence, and remanded the case for retrial.
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Peter Kiritu Ngochi v Republic [2020] KEHC 229 (KLR)
✦ The appellant was properly convicted for robbery with violence. The sentence of death is substituted with 20 years' imprisonment.
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Kenneth Jumba v Joshua Ogol & 3 others [2020] KEHC 2568 (KLR)
✦ The plaintiff’s motion is dismissed with costs.
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LK & another v Republic & 2 others [2020] KEHC 2569 (KLR)
✦ Declines to make a determination on custody but orders an interim order maintaining the status quo for 9 months
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ESM v Republic [2020] KEHC 265 (KLR)
✦ The application is dismissed. The applicant has not exhausted all appeals and his rights under Article 50(2)(q) have not been violated. The court is not the higher court to review his sentence.
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Arthur Mwaura Kariuki v Peter Macharia Kamau & another; Sumry Bus Service(Third Party) [2020] KEHC 2641 (KLR)
✦ The plaintiff failed to prove that the 2nd defendant was the registered owner of the subject vehicle. The 1st defendant is held liable for negligence, and the 1st defendant can seek indemnity from the third party, who was served but did not participate in the proceedings.
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Norah Bosibori Mang’erere & 4 others v Henry Nyabuto Mang’erere [2020] KEHC 2643 (KLR)
✦ The motion for interlocutory injunctions is dismissed with no order as to costs. The suit should be listed for hearing on priority basis.
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Joseph Kipkosgei Kosane v Republic [2020] KEHC 150 (KLR)
✦ The conviction is quashed and the sentence set aside. The appellant is set at liberty.
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Linus Theuri Ndung'u v Republic [2020] KEHC 2675 (KLR)
✦ The appeal on conviction of the first count is dismissed. The appeal against sentence on this count succeeds. The appeal against the third count is allowed; the conviction on the third count is quashed and sentence set aside.
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Colonel Tom C.K. King’etich v Standard Limited [2020] KEHC 2593 (KLR)
✦ The court allows the consolidation of the defamation cases.
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Muhuthu Macharia v Republic [2020] KEHC 216 (KLR)
✦ The appeal is not tenable.
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David Karanja Kamau v Harrison Wambugu Gaita & another [2020] KEHC 2591 (KLR)
✦ The court found that the suit is not res judicata and that the 2nd defendant could exercise its statutory power of sale. The court also found that the 1st defendant is a purchaser for value without notice.
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Justine Kebut Cheptoo v Republic [2020] KEHC 2635 (KLR)
✦ The appeal is declined, and the sentence of imprisonment for four (4) years is reduced to one of imprisonment for three (3) years from the date of remand for trial on 12/9/2019.
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Petromin Limited v Kenya Revenue Authority [2020] KEHC 2200 (KLR)
✦ The Plaintiff/Applicant's application is allowed, and the ex-parte order dismissing the application dated 6th April, 2018 is set aside.
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Edwin Amdany Kiplangat v Republic [2020] KEHC 291 (KLR)
✦ The conviction stands, but the sentence is remitted to Probation and Aftercare Services for a pre-sentence report.
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Universities Academic Staff Union v Registered Trustees of Multimedia University College Pension Scheme, Jubilee Insurance Company & Kenya Alliance Insurance Company; Retirement Benefits Authority (Interested Party) (Civil Suit E103 of 2020) [2020] KEHC 2570 (KLR) (Civ) (9 October 2020) (Ruling)
✦ The preliminary objections are dismissed with costs, and the plaintiff is allowed to proceed with its motion.