Kenyan case law

Mabroukie Tea and Coffee Estates Limited v Attorney General & another [2020] KEHC 10123 (KLR)

✦ The Court finds that the transfer is justified due to the importance of the issues and the potential for conflicting decisions.

Patrick Muriithi Mumbi & another v Moses Kahindi Karisa (Suing as administrator and legal representative of the Estate of Kanze Jefwa Jabu) [2020] KEHC 2933 (KLR)

✦ The court found that the trial court erred in apportioning liability and in finding the appellants 60% liable and the respondent 40% liable.

In re Estate of the Late Mary Wabiri Mathenge (Deceased) [2020] KEHC 2646 (KLR)

✦ The court deferred the ruling and gave the 1st respondent a chance to state her case.

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.

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.

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.

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.

Leonard Munyua Mbugua & another v Equity Bank Limted [2020] KEHC 10130 (KLR)

✦ The court allows the defendant's application to file a witness statement but with a rider that the defendant pays the costs of the application.

Jumaa Mwarua Kaphutsu v Pallet Logistics Limited [2020] KEHC 2845 (KLR)

✦ The court found that the respondent was not negligent and therefore not responsible for the collision.

In re Estate of Dominic Kihuri Kibira alias Domeniko Kihuri s/o Kibira alias Kihuri s/o Kibira (Deceased) [2020] KEHC 2649 (KLR)

✦ The estate will be distributed in accordance with the Partial Settlement Agreement, with certain adjustments as noted in the judgment.

Anthony Konde Fondo & another v RMC (The Representative of FC (Deceased) [2020] KEHC 2864 (KLR)

✦ The appeal is upheld, and the award of Kshs. 2,000,000 for general damages under the head of loss of dependency is set aside.

Caleb Hawadi Muyuka v Republic [2020] KEHC 2976 (KLR)

✦ The appeal is dismissed. The convictions and sentences are confirmed.

Ayub Tuvaka China & 4 others v Republic [2020] KEHC 2769 (KLR)

✦ The court found that the EACC was properly constituted and that the prosecution proved its case.

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.

Antony Kinyua Kivuti v Republic [2020] KEHC 1776 (KLR)

✦ The application for revision of the sentence is found unmerited, but the application for review of the commencement date of the sentence is found to have merit and is allowed.

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.

Alphas Alex Joy Shapaya v Alba Petroleum Ltd [2020] KEHC 2767 (KLR)

✦ The High Court declines jurisdiction and orders the appeal to be transferred to the Employment and Labour Relations Court.

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.

Erick Mutiso Wairimu v Republic [2020] KEHC 2942 (KLR)

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.

Republic v Mathias Kazungu John [2020] KEHC 2597 (KLR)

✦ The application for revision is allowed, and the fresh bond terms are set aside. The Respondent shall proceed with trial in custody, and the defilement matter will be dispensed with expeditiously.

Kakuzi Plc v Honourable Attorney General & another Kakuzi Division Development Assocaition (Interested Party) [2020] KEHC 10120 (KLR)

✦ The Court will transfer the petition to the Malindi Environment and Land Court.

Josphat Kipchirchir Sigilai v Gotab Sanik Enterprises Limited & 4 others [2020] KEHC 2874 (KLR)

✦ plaintiff's suit and defendant's counterclaim are struck out

Aziz Ebrahim v Ramzan Ebrahim (Civil Case 198 of 1999) [2020] KEHC 1707 (KLR) (Commercial and Tax) (30 September 2020) (Judgment)

✦ The contract was valid and enforceable, and the Defendant breached the contract by failing to transfer the property share.