Kenyan case law

Republic v Rodgers Kipngeno Kirui [2017] KEHC 649 (KLR)

✦ The appellant's conviction for Defilement is upheld and the sentence of life imprisonment is confirmed.

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.

Pius Kilili t/a Baraka Mixed Day & Boarding Academy v Josephine Mbenzi Mwaura & another [2017] KEHC 3037 (KLR)

✦ The court grants the application for a stay of execution, 14 days leave to file the appeal out of time, and a decretal sum to be deposited in an interest-earning account.

Skair Associates Architects v Evangelical Lutheran Church of Kenya & 4 others [2017] [2017] KEHC 9516 (KLR)

✦ The suit is dismissed without prejudice, and the Plaintiff is directed to make the necessary application to enjoin the proper defendants within 30 days.

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

Ecobank Kenya Limited v Solution Wizards Limited & 2 others [2017] KEHC 10040 (KLR)

✦ The Court held that the Plaintiff's claim is valid and the Defendants are liable for the guarantee.

Republic v Disciplinary Committee of the Law Society of Kenya & another Ex-Parte Tom Wachakana Osolika [2017] KEHC 2978 (KLR)

✦ The applicant's case does not meet the threshold warranting the grant of the judicial review orders sought.

In re Estate of J N K (Deceased) [2017] KEHC 543 (KLR)

✦ Ms Josphat Gitau Ndungu t/a Skylink Commercial Agency is appointed to manage the estate of the deceased.

R C v Republic [2017] KEHC 293 (KLR)

✦ The conviction and sentence are quashed and set aside

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

✦ The accused is found guilty of murder.

Crispin Musembi Mulika v Nguvu Construction and Mining Limited & 2 others [2017] KEHC 2689 (KLR)

✦ The Plaintiff has not established a prima facie case and is not likely to suffer irreparable harm. The balance of convenience tilts in favor of the 1st Defendant.

Republic v Nicholas Ouma Mayumba [2017] KEHC 2838 (KLR)

✦ The court finds the prosecution failed to prove the accused set fire to the deceased's house and that malice aforethought was not established.

In re J (Baby) [2017] KEHC 2706 (KLR)

✦ The applicants are allowed to adopt the child and he is declared a citizen of Kenya and renamed E K.

Kofinaf Company Limited & another v Nahashon Ngige Nyagah & 20 others [2017] KEHC 10044 (KLR)

✦ The Court allows the withdrawal of the Notice to Withdraw but requires the Plaintiffs to pay the costs associated with reversing the changes and the withdrawal proceedings.

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.

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

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

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.

Meshack Kiria Munyua v Republic [2017] KEHC 2220 (KLR)

✦ Application for revision dismissed, defence hearing ordered to proceed expeditiously

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.

Dushimimana Dani v Republic [2017] KEHC 3220 (KLR)

✦ The consecutive sentences are set aside and the sentences are ordered to run concurrently with a reduction to time served and repatriation to his country of origin

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

D.T. Dobie (K) Limited v Margaret I. Titi t/a Season Fashion Wear & 2 others [2017] KEHC 3163 (KLR)

✦ The court held that the 3rd respondent did not sell the vehicle to the appellant, and thus the appellant was not required to indemnify the 3rd respondent.

Provincial Construction Co. Ltd v Attorney General on Behalf of the Ministry of Health [2017] KEHC 10045 (KLR)

✦ The application is dismissed, and the Claimant is ordered to bear its own costs.

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.

Anastassios Thomos v Occidental Insurance Company Limited [2017] KEHC 2442 (KLR)

✦ The court found that the plaintiff's claim was for general damages for negligence, not defamation. The court determined that the defendant did not owe a duty of care to the plaintiff and that the plaintiff failed to establish a sufficient cause or proximate connection between the defendant's negligence and the damages suffered.