Kenyan case law

Erica Azenga Muguheli v Mable Musinzi Lumula [2016] KEHC 2725 (KLR)

✦ JOSEPH SHEM ELUNG’ATA is an unqualified person and the documents filed by him and in the name of ELUNG’ATA AND COMPANY ADVOCATES should be struck out and anything done by him or in the name of the aforesaid firm be declared null and void

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.

Machiri Limited v Kenya Medical Association [2016] KEHC 8097 (KLR)

✦ The application is dismissed with costs.

Leah Kipruto & another (Suing as Administrators of Richard Kipruto Sigilai) v Julius Kipkoros Rop & 2 others [2016] KEHC 2840 (KLR)

✦ The court dismisses both the Plaintiffs' suit and the Defendants' counterclaim.

Kenya Power & Lighting Co v Andrew Chiliswa Kwayela (Civil Appeal 54 of 2015) [2016] KEHC 2728 (KLR) (5 October 2016) (Judgment)

✦ The appeal is dismissed with costs to the respondent, and the trial court's quantum of damages is upheld.

Kenya Commercial Bank v John K Mbuu & 3 Others [2016] KEHC 8193 (KLR)

✦ The Court grants the application and issues an order of stay.

Timothy Otuya Afubwa & Fred Maruti Murunga v County Government of Trans Nzoia, Retilal Gosar Dodhia, Vipul Tatilal & Avir Kanti Shah (Environment & Land Case 4 of 2015) [2016] KEHC 1797 (KLR) (5 October 2016) (Ruling)

✦ The court finds the judgment was 'ex parte' and sets it aside.

Amelea Tabitha Odhoch (Suing as Legal Representative and Administratix of the Estate of the Late Edward Kangah Anyumba), Jared Ochieng Raburu & 2 others [2016] KEHC 2879 (KLR)

✦ The court finds that the notice of motion dated 24th March 2015 has merit and is allowed in terms of prayer 3 with costs in the cause.

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.

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

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.

E T R Suing as Administrator and Personal Representative of the Estate of the Later A T (Deceased) v Benson Ririmpoi Longarito [2016] KEHC 1915 (KLR)

✦ The court dismissed the appeal, upholding the trial court's decision that no negligence was proved against the respondent.

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.

Republic v Cyprian Muindi & another [2016] KEHC 2090 (KLR)

✦ The court grants the 2nd accused bond pending the hearing of his case.

E B v S M S [2016] KEHC 2856 (KLR)

✦ The marriage is annulled due to the respondent's pregnancy and the petitioner's lack of responsibility for the pregnancy.

Republic v The Public Procurement Administrative Review Board Ex-Parte Kenyatta National Hospital [2016] KEHC 8088 (KLR)

✦ The Court held that the Board had no jurisdiction to entertain the review application because the tender was already terminated, and the Board's decision to terminate the tender was not subject to judicial review.

Peterson Kinyua Muriuki v Republic [2016] KEHC 2859 (KLR)

✦ The court finds no merit in the appeal and denies bail

Paul Thiga Ngamenya v Republic [2016] KEHC 2075 (KLR)

✦ The court grants bail pending appeal.

Martin Kimata & another v Republic [2016] KEHC 8293 (KLR)

✦ The court held that the doctrine of recent possession was not properly applied in convicting the Appellants, as the prosecution failed to prove the ownership of the stolen goods.

B.M. Mung’ata & Co. Adv. v Jacenta Nthenya Kilonzi [2016] KEHC 2002 (KLR)

✦ The application is allowed in its entirety.

Republic v Hassan Subira [2016] KEHC 1699 (KLR)

✦ The court found a prima facie case against the accused and ordered him to be put on his defence.

Safaricom Limited v Transcend Media Group [2016] KEHC 1271 (KLR)

✦ The Court held that Safaricom has not demonstrated the falsity of the publications and failed to establish that the impoundment of documents and materials used in the implementation of the BLAZE brand promotion was unlawful.

Abubakar Sharif v Republic [2016] KEHC 2707 (KLR)

✦ The application for revision of sentence is incompetent and is struck out.

Prime Steel Mills Limited v Kitmin Holdings Limited [2016] KEHC 8245 (KLR)

✦ The statutory demand is struck out, and the defendant is restrained from taking further steps towards the winding-up of the plaintiff. The mandatory injunction is denied, and the defendant is not ordered to pay storage charges.

Daniel Mutua Kimwele & 2 others v Republic [2016] KEHC 2545 (KLR)

✦ Conviction upheld, sentence reduced to 4 years imprisonment