Kenyan case law

Joseph Mulati Mafunga v Chabhadiya Enterprises Ltd [2017] KEHC 1142 (KLR)

✦ The appeal is successful, and the court awards Kshs.80,000/- for general damages and Kshs.5,300/- for special damages, totaling Kshs.85,300/-, with 30% contribution from the appellant.

Cricentia Veronica Atieno v Samuel Oloo Okoth [2017] KEHC 2936 (KLR)

✦ The appeal is disallowed with costs to the respondent

Salim Juma Onyango v Republic [2017] KEHC 2919 (KLR)

✦ The conviction is upheld but the sentence is set aside and substituted with a term of 12 months imprisonment from the date of conviction.

Dorothy Kanyua Mbaka & 2 others v P.S. Ministry of Defence & another [2017] KEHC 2394 (KLR)

✦ The orders requiring the personal attendance of the Attorney General were not irregular and should not be set aside.

Magambo M’rwara v M’mworia M’rwara & 4 others [2017] KEHC 2745 (KLR)

✦ The court ordered that the beneficiaries, M’Mworia M’Rwara and Charity Mugure, share the estate equally.

Christopher Kiprotich Mutai v Republic [2017] KEHC 2411 (KLR)

✦ The application for bond pending appeal is dismissed as the appeal does not have overwhelming chances of success and no exceptional circumstances exist.

Mugambi Imanyara v I.E.B.C & 2 others [2017] KEHC 2860 (KLR)

✦ The court ordered the 1st Respondent and the petitioner to identify a separate warehouse for preservation of election materials, and provided for security measures.

Jane Gathoni Munene & another v Gatheru Gathemia t/a Gatheru Gathemia & Co & another [2017] KEHC 10021 (KLR)

✦ The preliminary objection is overruled, and the defendants will pay the plaintiffs' costs.

Republic v Eric Makau Musila [2017] KEHC 258 (KLR)

✦ The bail order is reviewed and conditions are modified to balance the competing rights and interests.

Kombo v IEBC & 3 others (Election Petition 10 of 2017) [2017] KEHC 2647 (KLR) (11 October 2017) (Ruling)

✦ Decline to grant leave to file further affidavits

Peter Odhiambo Odhiambo v Republic [2017] KEHC 3148 (KLR)

✦ The Court of Appeal is now seized of the matter and the applicant's application is dismissed. However, the Court directs the Deputy Registrar to place the applicant's case before the Court of Appeal as soon as possible.

Bishop Zakaria Kahuth & another (Suing as the Registered Trustees for the German Speaking Evangelical Lutheran Congregation in Kenya v County Government of Nairobi & another [2017] KEHC 2796 (KLR)

✦ The application is competent and there is a decision capable of being challenged by way of Judicial Review.

Republic v Joseph Mwanzia Kinoti [2017] KEHC 2302 (KLR)

✦ The court finds that the prosecution has failed to establish a prima facie case against the accused and orders that the accused be acquitted.

Republic v Council of Legal Education & another Ex-Parte Kennedy Oduor Omondi [2017] KEHC 2658 (KLR)

✦ The court finds in favor of the applicant, issuing orders of certiorari and mandamus to remove the respondents' decision and compel them to recognize the applicant's LLB degree.

Marwa v Okoth & another (Election Petition 10 of 2017) [2017] KEHC 3102 (KLR) (11 October 2017) (Ruling)

✦ The court has jurisdiction over the matter and the interim orders should be vacated due to material non-disclosure of facts.

Philemon Kibet Koskei v Republic [2017] KEHC 585 (KLR)

✦ The conviction and sentence are quashed due to the trial court's failure to comply with section 198 of the Criminal Procedure Code, and the matter is not remanded for a retrial.

Republic v Public Procurement Administrative Review Board ,National Government CDF Emgwen Constituency & Femji Enterprises Limited Ex-parte Jebess Contractors [2017] KEHC 2766 (KLR)

✦ The court quashed the decision of the Review Board and ordered the Procuring Entity to implement the recommendations of the evaluation committee.

Alice Jerotich Koilege v Republic [2017] KEHC 2348 (KLR)

✦ The application is dismissed as the applicant is in the class of persons contemplated under Section 364(5) of the Criminal Procedure Code (CPC).

Republic v Bernard Kauwiria Miriti & 2 others [2017] KEHC 1829 (KLR)

✦ The court found no evidence of common intention between the accused persons and dismissed the charges.

In Re Estate of Mwenda Ntomariu (Deceased) [2017] KEHC 2254 (KLR)

✦ The deceased and the petitioner are brothers under the law, giving the petitioner priority for applying for letters of administration and inheriting the estate.

Republic v Silas Mugoye Lugalia (Criminal Case 96 of 2015) [2017] KEHC 9499 (KLR) (Crim) (11 October 2017) (Ruling)

✦ The court ruled that the prosecution established a prima facie case, and the accused was placed on his defence.

Republic v Francis Makori Ombati (Criminal Case 75 of 2013) [2017] KEHC 2570 (KLR) (Crim) (11 October 2017) (Ruling)

✦ The court found a prima facie case established by the prosecution and placed the accused on his defence.

Republic v Peter Mwangi Gachuiri [2017] KEHC 2207 (KLR)

✦ The court finds that the prosecution failed to prove the charge of murder against the accused beyond reasonable doubt and acquits him.

Ismael Lonkishu Kobei v David Kariuki Gichangi & another [2017] KEHC 2600 (KLR)

✦ The respondents' application to dismiss the appeal is hereby dismissed with costs to the appellant.

Ekuru Aukot v Independent Electoral & Boundaries Commission & 3 others [2017] KEHC 9390 (KLR)