Kenyan case law
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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.
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Peterson Kinyua Muriuki v Republic [2016] KEHC 2866 (KLR)
✦ The court finds no merit in the appeal and denies bail
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Alex Inahi Vugusu v Republic [2016] KEHC 2186 (KLR)
✦ The sentences pronounced by the trial court shall run concurrently from the date of the judgment in the trial court.
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Dhambala Jillo v Republic [2016] KEHC 2544 (KLR)
✦ The appeal is allowed, conviction and sentence quashed, and a retrial ordered at Wajir magistrate's court.
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Collins Omondi & 2 others v Republic [2016] KEHC 8141 (KLR)
✦ The appeals are allowed. The conviction and death sentences are quashed. The appellants are ordered set at liberty.
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Paul Thiga Ngamenya v Republic [2016] KEHC 2075 (KLR)
✦ The court grants bail pending appeal.
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B.M. Mung’ata & Co. Adv. v Jacenta Nthenya Kilonzi [2016] KEHC 2002 (KLR)
✦ The application is allowed in its entirety.
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Daniel Munei Ole Kupai & another v Paul Pololet Ole Kupai [2016] KEHC 8166 (KLR)
✦ The application is allowed, and the grant of letters of administration intestate is rectified to include Sipilopm Ene Lemodoi as a beneficiary. The respondent is ordered to sign the mutation forms within 14 days, or the Deputy Registrar will execute them on his behalf.
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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.
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Krystalline Salt Limited v National Land Commission [2016] KEHC 8077 (KLR)
✦ The High Court grants the applicant's application for certiorari and prohibition, quashing the Commission's decision and prohibiting the Commission from requiring or compelling the applicant to produce documents or make representations regarding the land until a contrary decision is made by a competent court.
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S M K v Republic (Criminal Appeal 2 of 2014) [2016] KEHC 1624 (KLR) (4 October 2016) (Judgment)
✦ The conviction and sentence are upheld. The court finds the sentence justified given the appellant's HIV status and his knowledge of the child's tender age.
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Republic v Winnie Adhiambo [2016] KEHC 1875 (KLR)
✦ The accused is sentenced to a Probation term of three years with specific conditions.
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Odinga Jactone Ouma v Moureen Achieng Odera [2016] KEHC 2922 (KLR)
✦ The appeal is allowed, and the award of general damages is set aside and substituted with an award of Kshs. 180,000.
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Joseph Kaviti v Republic [2016] KEHC 1167 (KLR)
✦ Applicant's application is struck out and directed to make application to transfer case or for trial magistrate to recuse herself
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John Oluoch Otieno v Swan Carriers Limited [2016] KEHC 2851 (KLR)
✦ The court finds that the appellant sustained soft tissue injuries and a fracture of the right ankle joint. The court awards Kshs. 200,000/- for general damages.
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Republic v Stephen Mbugua Njambi [2016] KEHC 618 (KLR)
✦ The accused is found to have a case to answer and is put on his defence.
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Mwanga & 2 others v National Government Constituencies Development Fund Board (Petition 20 of 2016) [2016] KEHC 2834 (KLR) (3 October 2016) (Ruling)
✦ The court could not issue the prayers sought in the petition because the person nominated had resigned. The National Government Constituencies Development Fund Board’s constitutional obligation was to ensure that the rights of vulnerable persons were protected and promoted through development of relevant regulations and policies.
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Paul Kamau Ndung’u v Pamela Atieno Onyango [2016] KEHC 8653 (KLR)
✦ The debtor is not bankrupt and the court does not have jurisdiction to deal with the criminality of the dishonoured cheques. The debtor is ordered to be cross-examined on oath to disclose his properties. The creditor is given 14 days to present a late proof of debt.
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Ruth Njeri Kuniara v Equity Bank Ltd & 3 others [2016] KEHC 8654 (KLR)
✦ The plaintiff is restrained from trespassing onto the suit property until the suit is heard and determined. The 2nd defendant is restrained from disposing of, alienating or further encumbering the suit property until the suit is heard and determined.
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D W K v E W G & another [2016] KEHC 346 (KLR)
✦ The petition is dismissed with no orders as to costs, and the lower court's decision on distribution is upheld.
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Kenya Power and Lighting Company Limited v Monica Otiang Oluoch suing as administrator of estate of Ibrahim Obura Oluoch (Deceased) [2016] KEHC 3021 (KLR)
✦ The appeal is dismissed with costs to the respondent
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Elijah Odongo Nyawina v Republic [2016] KEHC 3139 (KLR)
✦ The conviction and sentence are affirmed.
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Michael Thiongo Gatete v Attorney General 4 others [2016] KEHC 2209 (KLR)
✦ The applicant's application for leave to apply for certiorari and prohibition was dismissed due to non-compliance with the court's order for security for costs, and the judicial review application was consequently dismissed with costs.
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Loise Nyaguthii Maina v Rose Wairuri Kigo & another [2016] KEHC 2847 (KLR)
✦ The entire net intestate estate will be transferred to the petitioner, subject to a life interest for the deceased's widow.
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M W G v T K G [2016] KEHC 2815 (KLR)
✦ The court held that the plaintiff is not entitled to half of the property acquired during the marriage and that the suit is not res judicata.