Kenyan case law

Bebadis Company Limited & 2 others v Sylvia Wamboi Karanja & another [2020] KEHC 2821 (KLR)

✦ The application will be placed before the incoming judge, Justice Mabeya, on a date to be fixed at the reading of the Ruling today.

Republic v Denis Ndubi Mauda [2020] KEHC 10169 (KLR)

✦ The court found no compelling reasons to deny bail and granted bail with conditions.

Kenya Power & Lighting Co Ltd v Rassul Nzembe Mwadzaya [2020] KEHC 2561 (KLR)

✦ The court found that the Respondent did not prove negligence against the Appellant.

RJ Varsani Enterprises Limited v Chelsea Holdings Limited & 4 others [2020] KEHC 2541 (KLR)

✦ The application is dismissed with costs, as the plaintiff has not demonstrated that the claim is admitted.

Bahari (T) Company Limited v Alibhai Ramji Investment Limited [2020] KEHC 1905 (KLR)

✦ The court allowed the application for a stay of execution pending Appeal and directed the applicant to deposit the logbook of its machinery and file its Record of Appeal.

Esther Jerotich Rotich & another v Sidian Bank Limited & another [2020] KEHC 1833 (KLR)

✦ The court sets aside the conditions on the granted order of 24/7/2020 that the applicant pays auctioneers charges and deposits half of the decretal amount in an agreed financial institution within 7 days hereof, failure to which the orders shall stand vacated.

Margaret Kannes Muyanga v Jamal Abdulkarim Musa [2020] KEHC 2617 (KLR)

✦ The court sets aside the trial magistrate's finding of no liability and orders the defendant to bear 80% of the liability, while the plaintiff bears 20%.

Kangaroo Shuttle v Joshua Maina Ng’ang’a [2020] KEHC 2527 (KLR)

✦ The appeal is dismissed with costs, and the lower court's judgment is adjusted to award Kshs. 6,818,345.25 to the respondent.

Petronilla Muli v Richard Muindi & another [2020] KEHC 2450 (KLR)

✦ The dismissal of the appeal is set aside, and the appeal is reinstated for purposes of Order 42 Rule 11 Civil Procedure Rule

Leonard Cheruiyot Sonoiya v Evans A Ongicho t/a Ongicho Ongicho and Co Advocates [2020] KEHC 2634 (KLR)

✦ The applicant's originating summons is dismissed with costs.

Kennedy Odhiambo Kawala v Housing Finance Company Limited [2020] KEHC 2602 (KLR)

✦ The application is dismissed with costs to the Defendant.

KIKM & another (Suing through their mother and guardian ad litem FCK) v DMN [2020] KEHC 909 (KLR)

✦ The appellant is in contempt of court orders

In re Estate Virginia Sangalo Luseno(Deceased) [2020] KEHC 2124 (KLR)

✦ The application is allowed, the applicant is granted 14 days from the date herein to file his Notice of Appeal out of time and further to file his appeal out of time against the decision of the High Court dated 23rd July 2019.

Mohamed Shally Sese (suing as the administrator of the estate of the late Shali Sese) v Edward Mzee Karezi & 10 others [2020] KEHC 2738 (KLR)

✦ The court declines jurisdiction and transfers the matter to the Environment and Land Court.

In re Estate of Ngii Ngethi (Deceased) [2020] KEHC 2776 (KLR)

✦ The sale agreements are void and the claim by the administrator as a creditor fails and is dismissed.

In re Estate of Kamuyu Njiri (Deceased) [2020] KEHC 2775 (KLR)

✦ The application is struck out as defective and incompetent due to the failure to involve the second administrator and the omission of Unitas Bank as an interested party.

Eldoret Grains Limited v Kenya National Highways Authority [2020] KEHC 1796 (KLR)

Charles Otieno Ochieng v Republic [2020] KEHC 9209 (KLR)

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

Joanes Oduor Otieno v Republic [2020] KEHC 1599 (KLR)

✦ The court found the prosecution's evidence sufficient to prove the appellant's guilt beyond reasonable doubt.

Kennedy Odhiambo Onyango & another v Republic [2020] KEHC 1551 (KLR)

✦ The Court of Appeal found the prosecution evidence insufficient and the trial court's findings unsupported. The convictions and sentences were set aside.

In re Estate of Martin Joseph Wandera (Deceased) [2020] KEHC 1138 (KLR)

✦ The application is devoid of merits and is accordingly dismissed with costs.

Alex Nadosoito v Republic [2020] KEHC 2736 (KLR)

✦ The court finds that the complainant's evidence was not credible and that the prosecution did not prove the appellant's guilt beyond reasonable doubt.

Republic v Michael Cheruiyot Rotich [2020] KEHC 2636 (KLR)

✦ The accused is sentenced to 30 years imprisonment

Aggrey Omoding v Fredrick Otieno Onyango & 2 others [2020] KEHC 10468 (KLR)

✦ The court held that the appellant's arrest and arraignment were not wrongful and malicious, and the respondents are not liable for the damages claimed.

Mustafa Simiyu v Republic [2020] KEHC 2528 (KLR)

✦ The appellant's conviction is upheld, but the sentence of 40 years is reduced to 10 years.