Kenyan case law
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First Assurance Company Ltd v Njoroge (Suing as Legal Representative of the Estate of Meshack Njoroge Kabuti - Deceased) (Civil Appeal 61 of 2019) [2022] KEHC 16514 (KLR) (8 November 2022) (Judgment)
✦ This court finds no legal basis to set aside the ruling and orders the appeal dismissed with costs.
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Chuaga v Agwanga (Civil Miscellaneous E460 of 2021) [2022] KEHC 14995 (KLR) (Civ) (8 November 2022) (Ruling)
✦ The application is dismissed.
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Nyabomite Farmers Co-operative Society Ltd v Abdo & another (Civil Case E052 of 2021) [2022] KEHC 14882 (KLR) (Civ) (8 November 2022) (Ruling)
✦ The High Court transfers the case to the Environment and Land Court as the suit premises are under consideration in the Environment and Land Court via ELC case No. 130 of 2020.
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Oyienga v Republic (Miscellaneous Criminal Application E090 of 2021) [2022] KEHC 15165 (KLR) (8 November 2022) (Ruling)
✦ The application is hereby dismissed.
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Nyongesa & 2 others v Inspector General of Police & 2 others; Opar & 2 others (Interested Parties) (Constitutional Petition 14 of 2021) [2022] KEHC 15810 (KLR) (8 November 2022) (Ruling)
✦ The application for a stay of execution is dismissed with costs to the 2nd Respondent only.
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In re Estate of Elisha Ooro Mbuya (Deceased) (Succession Cause E003 of 2021) [2022] KEHC 14965 (KLR) (8 November 2022) (Ruling)
✦ The grant of letters of administration is revoked, and the petitioner is appointed as a joint petitioner with the representative of the other two undisputed houses.
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Abutalib Musajee t/a Alison Builders v Al-Maamiry (Civil Appeal 692 of 2016) [2022] KEHC 14979 (KLR) (Civ) (8 November 2022) (Ruling)
✦ The trial court's judgment is set aside and vacated. The case is remitted back to the Milimani Chief Magistrate's Court for a fresh judgment.
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Njihia & another v Aluchio (Civil Appeal E089 of 2021) [2022] KEHC 14996 (KLR) (Civ) (8 November 2022) (Judgment)
✦ The appeal is dismissed as the award on general damages is not excessive and the trial court's discretion is upheld.
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Lesingo v Republic (Criminal Appeal 26 of 2017) [2022] KEHC 17243 (KLR) (8 November 2022) (Judgment)
✦ The court finds the identity of the perpetrator beyond reasonable doubt and convicts Lesingo of delement. The court also finds the element of penetration beyond reasonable doubt.
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Oyomo v Republic (Miscellaneous Criminal Application E067 of 2021) [2022] KEHC 15147 (KLR) (8 November 2022) (Ruling)
✦ The application is partially allowed, and the period between the date of arrest and the date of release on bond is taken into account for computing the 15 years imprisonment.
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James Aggrey Mwamu t/a Mwamu and Company v Gathinji (Miscellaneous Civil Application 29 of 2020) [2022] KEHC 15045 (KLR) (8 November 2022) (Ruling)
✦ The court finds that the respondent did retain the applicant to act for him and provided written instructions, and therefore the application to strike out the Bill of Costs is dismissed.
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Republic v Kirui alias Nairobian & 3 others (Criminal Case E015 of 2022) [2022] KEHC 15670 (KLR) (8 November 2022) (Ruling)
✦ The Court denied the bail applications due to compelling reasons
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Misati v Consolidated Bank of kenya Limited & 2 others (Civil Case E007 of 2021) [2022] KEHC 16427 (KLR) (8 November 2022) (Ruling)
✦ The application to grant an injunction is dismissed with costs to the 1st respondent.
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Okoth v Republic (Criminal Appeal 11 of 2020) [2022] KEHC 15112 (KLR) (Crim) (8 November 2022) (Judgment)
✦ The appeal is dismissed. The error in the charge sheet is curable under section 382 of the Criminal Procedure Code. The sentence provided for under section 8(2) of the Sexual Offences Act is legal and proper.
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KM (Suing as the Father and Next Friend of JMK) v Thumbi & another (Miscellaneous Civil Application E034 of 2022) [2022] KEHC 16516 (KLR) (8 November 2022) (Ruling)
✦ The court finds that the reasons given by the applicant are weighty but not satisfactory, and thus denies the application.
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Juma & another (on behalf of the Estate of Juma Muchemi) v Odongo (Commercial Suit 45 of 2018) [2022] KEHC 15098 (KLR) (8 November 2022) (Ruling)
✦ Application to re-open defence hearing and tender additional evidence dismissed
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In re Estate of Nduta Wang’ue (Deceased) (Succession Cause 457 of 2018) [2022] KEHC 15139 (KLR) (8 November 2022) (Ruling)
✦ The court declines to revoke the Letters of Administration and awards costs to the respondents.
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Kabundu v The Star Publishers Ltd (Civil Suit 320 of 2014) [2022] KEHC 15071 (KLR) (Civ) (8 November 2022) (Ruling)
✦ The application is dismissed with no plausible reasons to allow it
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Directline Assurance Company v Maina; Kilului (Suing as the Legal Representative of the Estate of Stephen Munyao - Deceased) (Interested Party) (Miscellaneous Civil Application E002 of 2022) [2022] KEHC 16429 (KLR) (8 November 2022) (Ruling)
✦ The court grants leave to appeal out of time and stays execution pending the appeal.
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Kenya Fresh Produce Exporters Ltd v Ouma (Miscellaneous Civil Application E254 of 2022) [2022] KEHC 15069 (KLR) (Commercial and Tax) (8 November 2022) (Ruling)
✦ The Court grants the application for leave to file an appeal out of time and an order of stay of execution of the judgment pending hearing and determination of the intended appeal.
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Republic v Ojwang (Criminal Case E044 of 2022) [2022] KEHC 15063 (KLR) (8 November 2022) (Ruling)
✦ The court denied the accused's bail application due to the lack of a Pre Bail Report and the potential flight risk.
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Otemo v Republic (Miscellaneous Criminal Application E318 of 2022) [2022] KEHC 14820 (KLR) (Crim) (8 November 2022) (Ruling)
✦ The applicant is placed on a personal bond of ksh 200,000/= pending his appearance before the lower court.
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Odhiambo v Republic (Miscellaneous Criminal Application E040 of 2021) [2022] KEHC 15088 (KLR) (8 November 2022) (Ruling)
✦ Application dismissed as the applicant is serving a life sentence imposed by the Court of Appeal and not a term sentence.
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Multiple Hauliers Limited v Musyoki (Civil Appeal 13 of 2020) [2022] KEHC 16425 (KLR) (8 November 2022) (Judgment)
✦ The Appellant is not found 100% liable for the accident as the Respondent was also partly responsible for joining the road when it was not clear.
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Crop Health Technologies v Rubio & 3 others (Civil Case 122 of 2020) [2022] KEHC 15044 (KLR) (Civ) (8 November 2022) (Ruling)
✦ The court granted the application and entered judgment in default against the defendants.