Kenyan case law
-
Philemon Kiogora Munjuri v William Kamunge Gakui [2019] KEHC 11882 (KLR)
✦ The appeal is incurably defective and cannot be cured, and the appeal is dismissed with costs to the Respondent.
-
Regnol Oil Kenya Limited v Total Kenya Limited [2019] KEHC 2449 (KLR)
✦ The appeal is dismissed. The trial court's decision is upheld.
-
National Union of Somali Journalists v Mohamed Ibrahim Nur & 2 others [2019] KEHC 752 (KLR)
✦ The court declines to uphold the preliminary objection and orders costs to abide the outcome of the suit
-
In re Estate of Gerald M’Riria M’Mbogori alias Riria Mbogori alias M’Riria s/o Mbogori (Deceased) (Succession Cause 423 of 2004) [2019] KEHC 2506 (KLR) (4 November 2019) (Ruling)
✦ The court does not find any proper ground or legal basis to revoke the grant and dismisses the application. Each party is ordered to bear their own costs.
-
Republic v Kenya Medical Laboratories Technicians and Technologists Board & another [2019] KEHC 11885 (KLR)
✦ The court allows the application and sets aside the warrants of attachment issued in the case.
-
Colour Planet Limited v Safaricom Limited & 2 others [2019] KEHC 12363 (KLR)
✦ The suit did not abate due to non-compliance with Civil Procedure Rules, and the defendants' application is dismissed. The court directs the Deputy Registrar to sign and seal the Summons within 7 days.
-
Badminton Confederation of Africa v Peter Gacheru [2019] KEHC 12199 (KLR)
✦ The court grants an order for security for costs in the sum of Kshs. 500,000 before the hearing date.
-
Benson Ngugi Kinyanjui v Republic [2019] KEHC 288 (KLR)
✦ The appeal is dismissed on conviction, and the sentences are modified. The appellant is convicted on all counts but the sentences of death on Counts I and III are set aside and substituted with a sentence of thirty (30) years imprisonment on each count, to run concurrently with the sentence of two (2) years imprisonment on Count IV.
-
Republic v John Njogu Kiura & another [2019] KEHC 2315 (KLR)
✦ The court finds that the circumstantial evidence falls short of the test laid down in the case of Sawe v Republic and does not establish a prima facie case against the two accused persons. The accused persons have no case to answer and are hereby acquitted.
-
Ali Omar Abdulrahman & another v Director of Public Prosecution [2019] KEHC 11881 (KLR)
✦ The 2nd Petitioner, Said Ngoto Machila, is hereby sentenced to seventeen (17) years already served with the result that he is hereby released from prison forthwith.
-
Republic v Isaack Kagiri Wanjiku [2019] KEHC 1514 (KLR)
✦ The court finds that the accused is a flight risk and the circumstances surrounding the recovery of the deceased's body are serious, thus denying bail.
-
Peter Warui Mugo v Director of Public Prosecution [2019] KEHC 2970 (KLR)
✦ Petitioner is sentenced to 23 years in prison with 3 years suspended and placed on probation
-
Paragon Limited v Sagar Builders Limited & another [2019] KEHC 11937 (KLR)
✦ The court has jurisdiction to hear and determine the Application; there was/is a dispute or arbitration claim for determination; due process was followed in appointment of the Arbitrator and he had jurisdiction to hear the matter; the parties failed to comply with Clause 45.4 of the Agreement; the proceedings are preserved and stayed for the unexpired period of 90 days in the interest of justice.
-
Republic v Agnes Maurine Vuyanzi [2019] KEHC 2601 (KLR)
✦ The case is transferred to Siaya Principal Magistrate’s Court.
-
Nixon Omondi Okoth v Director of Public Prosecution [2019] KEHC 11889 (KLR)
✦ The Petitioner is resentenced to 28 years imprisonment
-
New Kenya Co-operative Creameries Ltd v Save the Genset International Ltd [2019] KEHC 2309 (KLR)
✦ The ex-parte judgment is set aside, the defendant is granted leave to file its defence out of time and the same be admitted in the pleadings, and the defendant is granted leave to defend the suit unconditionally. The costs of the application are in the cause.
-
Benard Githinji Kaburu & another v Felix Otieno Omondi Alias Felix Otieno Wameiya [2019] KEHC 1816 (KLR)
✦ The appeal is allowed to the extent that the finding of liability at 100% is set aside and substituted with a ratio of 50%:50%. The damages awarded are affirmed but the same shall now be apportioned to the parties equally.
-
Republic v Inspector General - The National Police Service & another [2019] KEHC 11914 (KLR)
✦ The court dismissed the application for mandamus.
-
Republic v Public Procurement Administrative Review Board; Kenya Medical Supplies Authority (KEMSA) (Interested Party) Ex parte Emcure Pharmaceuticals Limited [2019] KEHC 2976 (KLR)
✦ The court found that the impugned decision was not irrational and unreasonable, and that the Interested Party did not breach the law by executing the contract before the expiry of 14 days.
-
Mumias Sugar Company Limited v Dante’s Peak Limited & 5 others [2019] KEHC 455 (KLR)
✦ The applications are dismissed with costs abiding the outcome of the main suit.
-
Japheth Otieno Akumu v Ezekiel Onyango Akumu [2019] KEHC 823 (KLR)
✦ The appeal is dismissed for non-compliance with court orders of 11.7.2019.
-
In re Estate of Moruri Nyakundi – (Deceased) [2019] KEHC 1010 (KLR)
✦ The grant of letters of administration issued on 18/10/2018 to Monicah Kemunto Moruri and Annah Monyenche Omariba shall be confirmed. The estate shall be determined as proposed by Monicah Kemunto Omariba in her affidavit.
-
Amani Kagohu Katana v Republic [2019] KEHC 2806 (KLR)
✦ The court found that the Appellant was arrested in connection to the attempted defilement, that the prosecution witnesses' evidence was consistent and corroborative, and that the sentence of ten years imprisonment was not bad in law.
-
Kogi Mwaura Wallace v Mwaura Kogi & 2 others [2019] KEHC 11930 (KLR)
✦ The court finds that the issues raised in the Originating Summons are not res judicata and that the preliminary objection cannot be determined on pure points of law. The Originating Summons proceeds to full hearing.
-
Radheshyam Transport Ltd. v Corporate Business Centre Ltd [2019] KEHC 1803 (KLR)
✦ The court granted a stay of execution of the decree, finding that the execution was procedurally incorrect and that a notice to show cause should have been issued.