Kenyan case law

James Amariati Stanley v Devki Steel Mills Limited [2017] KEHC 2524 (KLR)

✦ The appeal is allowed and the general damages are enhanced to Kshs. 120,000

P N W v Republic [2017] KEHC 3197 (KLR)

✦ The conviction is quashed and the sentence set aside. The appellant is set at liberty unless lawfully held.

In re Estate of Omar Ali Abdulrahman [2017] KEHC 884 (KLR)

✦ The court finds that the applicant has not made out a case for the grant of the orders sought and dismisses the application.

In re Adoption of J (Minor) [2017] KEHC 3002 (KLR)

✦ The Court allows the Applicant's application for adoption and orders that the child be known as J M N.

M/S Aminga, Opiyo & Masese Advocates v Herbert Ocholla Ojwang & another [2017] KEHC 2413 (KLR)

✦ The court grants leave to the applicants to file an objection to the taxed bill and declines to grant the prayer to set aside the advocates' client taxed bill.

In re Adoption of Baby E (minor) [2017] KEHC 3032 (KLR)

✦ This Court allows the Applicants' application to adopt Baby E. The Applicants, F N M and A S W Ngigi, are hereby allowed to adopt Baby E. She shall be known as J W. Her date of birth is November 6, 2012. S N M, brother to the 1st Applicant, is appointed as her legal guardian.

In re Estate of Johana Kariuki Kamau (Deceased) [2017] KEHC 278 (KLR)

✦ The court revokes the grant of Letters of Administration to the Petitioner and orders a new grant in the name of the Petitioner and the Objector, who will participate in the proceedings in a representative capacity.

In re M M (Child) [2017] KEHC 2164 (KLR)

✦ The court finds that the applicants are qualified and able to take care of the child and that it would be in the best interest of the child to be adopted by the applicants. The application for adoption is allowed.

Rose Mumbi Muriuki v James Gicheru Muriuki & 5 others [2017] KEHC 3179 (KLR)

✦ Grant of letters of administration is upheld, respondent remains sole administratrix

In re Estate of Mbugua Mwithukia (Deceased) [2017] KEHC 2155 (KLR)

✦ The preliminary objection is devoid of merit and is hereby dismissed with costs to the respondent.

Republic v Pauline Cheptoiyo [2017] KEHC 167 (KLR)

✦ The court finds no prima facie case against the accused and acquits her of the charge of murder.

In re Baby E K alias V K (minor) [2017] KEHC 2759 (KLR)

Cyrus Kanyi v Consolata Hospital & another [2017] KEHC 2422 (KLR)

✦ The court awards the plaintiff pain and suffering damages of Ksh.3,000,000, special damages of Ksh.1,310,000, and future medical expenses of Ksh.500,000, totaling Ksh.4,810,000. The court also awards costs of the suit and interest on the damages at court rates.

Republic v Peter Kipruto Cheshina [2017] KEHC 203 (KLR)

✦ The accused is convicted of murder

Orion East Africa Limited v Tetu Coffee Growers Co-operative Society Limited (In Liquidation) [2017] KEHC 10146 (KLR)

✦ The Court dismissed the Garnishee's Preliminary Objection.

Republic v Jospeh Kiplangat Masiba [2017] KEHC 121 (KLR)

✦ The court finds that the prosecution failed to prove beyond reasonable doubt that the accused was the one who fatally assaulted the deceased. The charge of murder is therefore dismissed.

In re C J S (Child) [2017] KEHC 2831 (KLR)

✦ The Court orders that P S W and A F I W are authorized to adopt C J S and the Child shall be presumed a citizen of Kenya born to a Kenyan Citizen on 22nd November 2009 within the Beijing, China.

Republic v Wilson Ajwang Adul [2017] KEHC 2871 (KLR)

✦ The accused is found guilty of murder.

Risper Owenga Ogunde v Joakim Okesa Mwandale & another [2017] KEHC 2340 (KLR)

✦ The appeal is dismissed with costs to the 1st respondent.

Republic v Sugar Arbitration Tribunal & 3 others Exparte Chemelil Sugar Company Limited & another [2017] KEHC 2191 (KLR)

✦ The instruction fees are set at Kshs. 250,000.00 each for the bills of costs filed against the ex-parte applicants. The Deputy Registrar's decisions in respect of the bills of costs are set aside.

Mary A. Sidandi Rainwater v Co-Operative Bank of Kenya Limited & another [2017] KEHC 2349 (KLR)

✦ The motion is dismissed with costs to the respondent.

In re M M alias M K (Child) [2017] KEHC 2784 (KLR)

✦ The applicants are fit to adopt the child and are authorized to do so. The child shall be renamed MK and declared a citizen of Kenya.

Republic v Attorney General & 7 others Ex Parte Risen Company Limited [2017] KEHC 3092 (KLR)

✦ The court granted the orders prohibiting the 2nd Respondent from blocking access to the NTSA portal, deregistering the applicants as PSV operators, and quashing the 2nd Respondent's decision regarding specific vehicles. The court also ordered the 2nd Respondent to open access to the portal.

Paul Murgor v Nation Media Group & 2 others [2017] KEHC 2221 (KLR)

✦ The motion for temporary injunction is allowed in terms of prayer (iii). Costs of the motion to abide the outcome of the suit.

Ethics & Anti-Corruption Commission v Evanson Thuo Waweru & 2 others [2017] KEHC 2397 (KLR)

✦ The court granted the prayer to prohibit the transfer or removal of individuals, but the order was for six months instead of the original six months.