Kenyan case law

Richard Muthusi v Patrick Gituma Ngomo & another [2017] KEHC 1175 (KLR)

✦ The court dismisses the application for stay pending appeal and intended appeal, finding them to be abusive of the court process.

Duncan Mogaka Michira & another v Minister for Finance & 4 others [2017] KEHC 2656 (KLR)

✦ The court did not make a decision on the issues identified above due to the applicants' lack of submissions. The court considered the decision in the Kensilver case but did not follow it.

D N W v Republic [2017] KEHC 609 (KLR)

✦ The appeal is allowed, and the appellant is set at liberty unless otherwise lawfully held.

Abdulkadir Anod Dole & another v Republic [2017] KEHC 3255 (KLR)

✦ The court finds PW 6's testimony credible and rejects the appellants' attacks on her evidence.

Richard Kiptonui Soi & another v Joyce Chelangat Tirop & another [2017] KEHC 2805 (KLR)

✦ The court ordered the parties to file affidavits to clarify the reference to two houses and the assets comprised in the deceased's estate as belonging to their 'father'.

Martha Njoki Maina v Republic [2017] KEHC 3042 (KLR)

✦ The High Court has jurisdiction to entertain the appellant's application for extension of time to file an appeal out of time

Paul Mburu Wanyoro v Republic [2017] KEHC 470 (KLR)

✦ The appeal is dismissed, and the conviction and sentence are upheld.

David Mbuba & another v Victoria Mwongeli Kimwalu & another [2017] KEHC 1222 (KLR)

✦ The court grants the stay of execution pending appeal

Republic v Joseph Kirimi Kiara & 2 others [2017] KEHC 3141 (KLR)

✦ The accused are fit to be granted bail pending their trial.

Republic v David Ngatiawahito & 2 others [2017] KEHC 3224 (KLR)

✦ The court orders the accused to be released on bail pending their trial.

Edward Barasa Wanjala v Gabriel Wapang’ana Kibiti [2017] KEHC 2739 (KLR)

✦ The Plaintiff has proved his case on a balance of probabilities and the Defendant owes the Plaintiff Kshs 230,000/=

Kennedy Muriithi v Republic [2017] KEHC 3245 (KLR)

Republic v Kennedy Musee Sammy [2017] KEHC 9509 (KLR)

✦ The court held that the prosecution proved beyond reasonable doubt the fact and cause of death of the deceased.

Alex Lekarsia v Republic [2017] KEHC 3129 (KLR)

✦ The application for review is declined as there is no basis to review the said sentences

Muriela Shirandula Sanya v Vincent Osundwa Makokha [2017] KEHC 2679 (KLR)

✦ The application is allowed, the judgment is set aside, and the suit is set for full hearing before the ELC Court at Kakamega.

Joseph Lemerdete v Republic [2017] KEHC 3234 (KLR)

✦ The appeal is dismissed. The conviction and sentence are upheld.

John Mutembei v Republic [2017] KEHC 3235 (KLR)

✦ The sentence of fine of Ksh. 100,000 in default of 2 years imprisonment is reviewed and substituted with a fine of Ksh. 100,000 and in default 12 months imprisonment from the date of sentence in the lower court.

Musembi Kyengo v Republic [2017] KEHC 1253 (KLR)

✦ The voire dire examination was properly conducted by the trial court. The Appellant's conviction was on the basis of sufficient and satisfactory evidence.

Elmasi Lelemusi v Republic [2017] KEHC 3206 (KLR)

✦ The appeal is dismissed. The conviction and sentence are upheld.

Republic v Joseph Kigundu Kimani [2017] KEHC 420 (KLR)

✦ The accused has a case to answer and is informed of his rights.

Robert Mugo v Republic [2017] KEHC 3237 (KLR)

✦ The applicant's sentence cannot be reviewed as he has completed his sentence.

Joseph Mukonye Gibendi v Vincent Njore Mukonye & another [2017] KEHC 2857 (KLR)

✦ The defendants are summoned to appear in court within 30 days to show cause why an action should not be taken against them for disobeying court orders.

Republic v Vincent Ong’au Osoro [2017] KEHC 3117 (KLR)

✦ The accused is found guilty of manslaughter rather than murder.

Osh v Republic [2017] KEHC 3223 (KLR)

✦ The original sentence is reviewed and substituted with a fine of Ksh. 100,000 in default of 12 months imprisonment from the date of sentence in the lower court.

Nicholas Mwenda v Republic [2017] KEHC 3153 (KLR)

✦ Leave to appeal is granted.