Kenyan case law

In re Adoption of L T (Baby) [2020] KEHC 2844 (KLR)

✦ The court grants the application for adoption, finding that the applicant qualifies for a local adoption and is eminently suited as an adoptive mother.

In re Estate of Omolo Alfred Ndunde (Deceased) [2020] KEHC 2848 (KLR)

✦ The court finds the orders of 18th June 2014 invalid due to the revocation of the grant on 18th March 2014, and the life of the certificate of confirmation of grant came to an end with the grant.

Beatrice Mururi Kamau v AIG Kenya Insurance Ltd [2020] KEHC 2829 (KLR)

✦ The Plaintiff's claim is voided on account of misrepresentation, mis-description, and/or non-disclosure by or on behalf of the insured person of any information material to the policy.

Naiposha Litiluu v Robert Kamau Gikonyo [2020] KEHC 2837 (KLR)

✦ Leave to appeal out of time is granted, but the prayer for stay of execution is declined

LG Electronics Africa Logistics FZE Kenya Branch v Commissioner of Domestic Taxes [2020] KEHC 10119 (KLR)

✦ The application for extension of time is allowed, and the Statement of Facts is deemed duly filed within time.

In re VN (Baby) [2020] KEHC 2927 (KLR)

✦ The court grants prayers 1 to 4 of the Originating Summons, finding the applicant qualifies for a local adoption and the adoption is in the best interests of the subject minor.

FOO v Republic (Criminal Appeal 50 of 2018) [2020] KEHC 2956 (KLR) (2 October 2020) (Judgment)

Paul Lawi Lokale v Auto Industries Limited & another [2020] KEHC 2909 (KLR)

✦ The appeal is not dismissed due to procedural issues, and the decree is not an integral part of the appeal.

In re Estate of M’itiri Iruare (Deceased) [2020] KEHC 100 (KLR)

Michael Mjomba v Chinango Kumbe Gereza [2020] KEHC 2616 (KLR)

✦ The appeal is upheld, and the judgment and decree of the Senior Resident Magistrate are set aside. The liability is apportioned at 50% each, and the quantum of damages is reduced.

Kenya Power & Lighting Co. Ltd v Mary Wambui Kiere [2020] KEHC 1937 (KLR)

✦ The appellant's appeal on liability is dismissed. The appeal on quantum of damages is dismissed with costs to the respondent.

Silvester Kinyua Njagi v Republic [2020] KEHC 1764 (KLR)

✦ This court has no jurisdiction to revise a decision of a court with concurrent jurisdiction.

Kaycia Jinnah v Aga Khan Education Services, Kenya [2020] KEHC 2838 (KLR)

✦ The court found that the Respondent's decision to withhold the Petitioner's documents does not infringe her right to education as it is not a violation of Article 43(1)(f) of the Constitution. The court also found that the Petitioner did not have a legitimate expectation and is not entitled to the orders sought.

Obed Kinyua Nyaga v Republic [2020] KEHC 2742 (KLR)

✦ The conviction for defilement is upheld, but the mandatory life sentence is set aside.

Moffat Nyaga Kagau (suing as administrator of the estate of Eustace Kagau Kangerwe) & 3 others v Patrick Odundo Owiti t/a Cousins Motor Works & another [2020] KEHC 10158 (KLR)

✦ The court ordered a stay of transfer of the properties to the purchaser pending the appeal, but allowed the decree holder to enjoy the fruits of the decree with security provided by the applicants.

Kihara Mercy Wairimu & 7 others v Kenya School of Law & 4 others [2020] KEHC 2812 (KLR)

✦ The court finds that the petitioners have not satisfied the conditions to strike out the affidavit of Dr. Juma Mukhwana and that the 1st Respondent should admit the petitioners to the Kenya School of Law without any conditions.

Chania Transport Company Limited & another v A to Z Transporters Limited [2020] KEHC 2796 (KLR)

Daniel Mbeke Mwilu v Republic [2020] KEHC 10292 (KLR)

✦ The petition is found lacking in merit and is dismissed.

Cyrus Waihenya Murango & another v Muhotetu Farmers Company (In Liquidation) & another [2020] KEHC 2896 (KLR)

✦ The applicants are granted leave to present certified court proceedings, judgement, and orders made in NYA CMCC 119/2013 and 160/2013 to the 1st and 2nd Respondents for consideration of their claims. The court grants leave to applicants to file suit within 45 days of the first Respondent's decision denying the applicants' claim. The applicants will bear costs of this application.

Eric Angwenyi Orangi & another v Clive Nyaanga Ogwora & another [2020] KEHC 124 (KLR)

✦ The court granted leave to Eric to continue the derivative action on behalf of CJ One Limited. An interim order of injunction was granted to stop all operations of the company pending proper accounts and audit. A disqualification order was also granted against Clive as a director of the company.

African Provident Limited v Chrispus Chengo Masha [2020] KEHC 2934 (KLR)

✦ The Court found that the application for review was based on the ground of discovery of new and important evidence, but the Court did not find that the errors involved or the discovery of new evidence was to be placed before the Court it could have directly impacted on the final determination.

Prudenzio Nicholas Giatara v Registrar of Companies & 4 others [2020] KEHC 2773 (KLR)

✦ The court finds in favor of the applicant, ruling that the alteration of the company's shareholding and directorship was fraudulent, illegal, and unprocedural.

Republic v Daniel Kazungu Karisa [2020] KEHC 2937 (KLR)

✦ The Court ruled that the prosecution did not establish a prima facie case for the accused to answer the charge of murder.

NMG v Republic [2020] KEHC 2572 (KLR)

✦ This is a suitable case to order for a retrial

Sammy Kuria Ndungu v Samuel Mbugua Ikumbu [2020] KEHC 1942 (KLR)

✦ The court held that the contract was valid and that the plaintiff breached the agreement by failing to pay the remaining balance on time.