Kenyan case law

Obed Elphas Njiru v Barisa Abdalla Salim [2020] KEHC 2853 (KLR)

✦ The court reduces the award to Kshs. 550,000 and equally apportions the costs of the appeal.

Rophas Furaha Ngombo v Director of Public Prosecutions [2020] KEHC 2973 (KLR)

✦ The Court denies the petition and orders the petitioner to complete the remainder of his 8-year sentence

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.

Irene Chebet v Republic [2020] KEHC 2122 (KLR)

✦ The court considers the applicant's stay in prison for about 17 years has taught her a lesson and grants her another lease of life outside. She is set free unless lawfully held and shall serve a probation period of one year.

Aboud Adulrahaman v Radheshyam Transport Limited A.K.A Radheshyam Transporters Limited [2020] KEHC 2764 (KLR)

✦ The court affirmed the trial court's decision to dismiss the claim for loss of user and fuel, finding that the appellant failed to prove the claims on a balance of probabilities.

In re Estate of Agumba Awinda (Deceased) (Succession Cause 950 of 2014) [2020] KEHC 2999 (KLR) (1 October 2020) (Ruling)

✦ The estate will be distributed as follows: 3.0 Ha to Samson Otieno Adorn and Jacob Agumba in equal shares, and 0.2 Ha to Domtillah Akumu Okore.

Cyrus Kathuri Njeru v Republic [2020] KEHC 1766 (KLR)

✦ The life imprisonment sentence is substituted with a term of forty (40) years imprisonment, and the commencement date of the sentence is reviewed to start from the date of arrest.

Republic v Peter Kenga Mitingi & another [2020] KEHC 102 (KLR)

✦ The court found the prosecution proved the elements of murder beyond reasonable doubt and the accused had malice aforethought.

New International Consultancy Company Limited (Suing by A Power of Attorney No. P/A 65175/1 of Apexvision Limited) & Apexvision Limited v Telkom Kenya & Sundararama Pattabiraman (Civil Case 402 of 2018) [2020] KEHC 10145 (KLR) (Civ) (1 October 2020) (Ruling)

✦ The court does not find any error in the admitted debt amount and does not grant the prayer for review. The court also finds that it is not within its jurisdiction to define the extent of the arbitrator's jurisdiction.

NMG v Republic [2020] KEHC 2572 (KLR)

✦ This is a suitable case to order for a retrial

Samuel Achiya Eddan v Republic [2020] KEHC 1772 (KLR)

✦ The death sentence is set aside and substituted with a sentence of imprisonment for ten (10) years.

Thaddaeus Wekesa Makokha v Republic [2020] KEHC 2112 (KLR)

✦ The court finds the application meritorious and sets the applicant free under probation.

In re MAMAB (Minor) [2020] KEHC 2852 (KLR)

✦ The court allows the adoption and appoints the applicant's sister and brother as legal guardians. The child's date of birth is 28th January, 2006, and he was born in Aga Khan Hospital Nairobi, Kenya.

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

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

Francis Irungu Muthoni v Republic (Criminal Appeal 705 of 2010) [2020] KEHC 10260 (KLR) (Crim) (1 October 2020) (Judgment)

Eric Onyango Oyungo & another v Republic [2020] KEHC 1722 (KLR)

✦ The conviction of the appellants is quashed due to unreliable prosecution evidence of identification.

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

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

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

Peter O Ngoge t/a O P Ngoge & Associates Advocates v Coffee Board of Kenya & 2 others [2020] KEHC 1952 (KLR)

✦ The amended plaint is not fatally defective and is admitted as part of the court record. The applicants are granted leave to file and serve an amended statement of defence and counterclaim.

Republic v Belium Juma Osundwa [2020] KEHC 2139 (KLR)

✦ The accused is sentenced to 20 years in prison.

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.

Republic v Francis Omondi Opwondo & 11 others [2020] KEHC 2921 (KLR)

✦ The accused persons are hereby denied bail/bond, for the reasons given above. They shall remain in custody, but may renew their applications for bail/bond after three months.

Republic v Public Procurement Administrative Review Board; Accounting Officer Kenyatta National Hospital & 2 others (Interested Parties) Ex Parte;Gardens & Wedding Centre Limited [2020] KEHC 2267 (KLR)

✦ The ex parte Applicant is granted leave to apply for an order of mandamus to compel the Respondent to re-admit PPARB Review No. 106 of 2020 and have it heard before the board on merits.

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.

Cliff Sibano Matoke v Republic [2020] KEHC 2799 (KLR)

✦ The appeal is dismissed as the sentence is neither harsh nor excessive given the nature and circumstances of the offence