Kenyan case law
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Busia Outgrowers Company Ltd. v Kenya Sugar Board & another [2015] KEHC 2279 (KLR)
✦ The deposit should not be released to the 2nd Defendant as it would defeat the purpose for which it was agreed.
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Phylis Anyango Barasa & another v Livingstone Juma Barasa & 5 others [2015] KEHC 2303 (KLR)
✦ Distribution of the half share of the deceased's portion of Samia/Bujwanga/508 shall be divided into 6 units. The Petitioner shall take 2 units with the 1st Petitioner taking a life interest therein. Each of the 4 Objectors shall take 1 unit.
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Republic v James Kinuthia Kaguora & 2 others [2015] KEHC 658 (KLR)
✦ The 1st accused, James Kinuthia Kaguora, is placed on his defence. The 2nd and 3rd accused, Joseph Kamau Ngugi and Samuel Nduati Karanja, are acquitted.
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Republic v Nicholas Ngugi Bangwa [2015] KEHC 2157 (KLR)
✦ The court finds that there is doubt that the accused was in a state of mind to know what he was doing or that what he was doing was wrong at the time he committed the offence. Consequently, the court finds malice aforethought was not proved and the accused is guilty of Manslaughter.
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Kenya Revenue Authority v Jimmy Mutuku Kiamba [2015] KEHC 8343 (KLR)
✦ The court ordered the preservation of funds in specified bank accounts until the tax assessment of the Respondent is finalized.
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Peter Kaluma Makula v Julius Mbithi Makula & another [2015] KEHC 2036 (KLR)
✦ The protest is dismissed, and the grant is confirmed as prayed.
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Charles Kabwi Laiboni & another v Republic [2015] KEHC 2011 (KLR)
✦ The conviction and sentence are upheld.
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Muriithi Mugo v Peter Njoroge & another [2015] KEHC 537 (KLR)
✦ The court found that the plaintiff was not defamed by the letter and that the letter was not defamatory.
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Komassai Plantations Ltd v Bank of Baroda (K) Ltd [2015] KEHC 2541 (KLR)
✦ The court finds that the Defendant breached its duty of care by selling the property at an undervalued price and orders the Plaintiff to be paid damages of Kshs.24,500,000 plus interest.
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D M K v Republic [2015] KEHC 2248 (KLR)
✦ The appeal is dismissed. The sentence is reduced from fifteen years to ten years.
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Josphat Nturibi v Republic [2015] KEHC 2107 (KLR)
✦ The conviction and sentence are quashed, and the appellant is set at liberty.
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John Wanjohi Kabau v Republic (Criminal Appeal 29 of 2010) [2015] KEHC 2241 (KLR) (1 October 2015) (Judgment)
✦ The conviction and sentence are quashed, and the appellant is set at liberty.
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Republic v Attorney General & 2 others Ex-parte Joseph Otuma Shiroko [2015] KEHC 2299 (KLR)
✦ The Court allows the Notice of Motion dated 7th August 2012, quashing the provisions, stipulations, orders, and directions contained in the letter dated 11th July 2012 issued by the ERC.
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Alfred Opiyo v Lawrence Oduori Khadera (suing thro’ next friend) Moses Mugeni Oduori [2015] KEHC 2318 (KLR)
✦ The Appellant (Alfred Opiyo) is found liable for the death of the deceased (Moses Mugeni Oduori). The Appellant is ordered to pay Kshs. 636,250/- in damages under the Fatal Accidents Act, plus costs and interest.
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Republic v David Kimeu Makovu & another [2015] KEHC 1912 (KLR)
✦ The appeal is allowed, and the ruling of the trial magistrate that there is no case to answer is set aside. The file is returned to the lower court for compliance with Section 211 of the Criminal Procedure Code.
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David Wahome Wanjohi v Republic [2015] KEHC 2334 (KLR)
✦ The conviction and sentence for the alternative count are quashed, and the appellant is set at liberty.
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Lumansi Ibrahim Uthuman v Betty Ombungu Dado & another [2015] KEHC 2242 (KLR)
✦ The Power of Attorney was valid and Kenneth acted on behalf of Betty when he negotiated the purchase.
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Republic v Moses Mwaniki Kinyua & 5 others [2015] KEHC 1332 (KLR)
✦ The application is dismissed as the trial magistrate did not commit any irregularity, illegality or impropriety in this matter.
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Republic v David Mweha Waweru [2015] KEHC 2190 (KLR)
✦ The accused is found guilty of murder.
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P N N. (Suing as guardian ad litem of F R N N) v Charles John Musee [2015] KEHC 2524 (KLR)
✦ The Plaintiff is allowed to file a further list of documents for medical expenses, but the Defendant will have a chance to cross-examine the Plaintiff and his witnesses on any new matters that may arise from the new set of documents.
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Okello Makhono Ososo v Simon Oduory Okeya [2015] KEHC 2369 (KLR)
✦ The Summons for Revocation is dismissed with costs as the sale was valid and Objector is not a beneficiary.
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Republic v Kenya Medical Laboratory Technicians & Technologists Board & another Interested Parties Abdilatif Ali [2015] KEHC 2761 (KLR)
✦ The application is dismissed with costs.
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John Keya Malika v Republic [2015] KEHC 2098 (KLR)
✦ The appeal is dismissed, and the conviction and sentence are affirmed.
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Nyoike Waweru & Penninah Wanjiru Wanyoike (suing in their capacity as the father and mother/ legal representatives of the estates of deceased James Chege Wanyoike v Zavera Nkubu Nkubitu & another [2015] KEHC 95 (KLR)
✦ The application is allowed, and the defendants are directed to participate in the proceedings if they show interest.
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Ashford Mwiti Njoka & another Republic [2015] KEHC 2110 (KLR)
✦ The appeals are dismissed as there are no merits. The conviction and sentence are upheld.