Kenyan case law
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In re Estate of Margaret Wachuka Mugo (Deceased) (Succession Cause 1099 of 2018) [2022] KEHC 15880 (KLR) (Family) (4 November 2022) (Ruling)
✦ The court does not have the authority to rectify the grant as the changes proposed are substantial and far-reaching.
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Mwaganda v Mbangha (Civil Case E004 of 2022) [2022] KEHC 17091 (KLR) (4 November 2022) (Ruling)
✦ An injunction was granted to restrain the defendant from publishing defamatory material.
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In re Estate of Angolo Esevwe alias Angolo Sebwe (Deceased) (Succession Cause 124 of 2021) [2022] KEHC 14861 (KLR) (4 November 2022) (Ruling)
✦ The court declares the grant of letters of administration intestate made on November 15, 2010, and issued on November 25, 2010, to Deina Kageha Angobo, as useless and inoperative following her death on September 15, 2021, and revokes it. The court appoints the applicant and the respondent as administrators to share the estate equally.
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Yawa v Kyalo Matata & Company Advocates (Civil Suit E071 of 2021) [2022] KEHC 14717 (KLR) (4 November 2022) (Judgment)
✦ The court allows the originating summons and orders the respondent to pay the balance of the decretal sum, deliver a cash account, and deliver papers and documents to the client within 30 days.
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In re TP (Baby) (Adoption Cause (Adoption Cause E024 of 2022) [2022] KEHC 15898 (KLR) (Family) (4 November 2022) (Judgment)
✦ The court finds the applicant to be a suitable adoptive parent and declares the child to be a citizen of Kenya by birth. The court waives the requirement for consent for adoption.
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Popatlal Madhavji & Bros Limited & another v Purushotam Enterfprises Limited & another (Miscellaneous Application 419 & 383 of 2016 (Consolidated)) [2022] KEHC 14858 (KLR) (Commercial and Tax) (4 November 2022) (Ruling)
✦ The court held that the award was taken up on May 12, 2016, and interest on the arbitrator's fee should run from the date the award was taken up until July 2, 2021. The court allowed the applicant to pay the decretal sum by instalments due to the hardship caused by the Covid-19 pandemic.
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In re Estate of Ibrahim Likabo Miheso (Deceased) (Succession Cause 172 of 2008) [2022] KEHC 14991 (KLR) (4 November 2022) (Ruling)
✦ The court allows Fredrick Muhanji Mangala to testify to demonstrate the protection provided by section 93 of the Law of Succession Act, and allocates a date for hearing him.
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Wambulwa v Pius (Insolvency Cause E001 of 2021) [2022] KEHC 14878 (KLR) (4 November 2022) (Ruling)
✦ Preliminary objections are dismissed. The application will be heard on its merits.
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Juma & 2 others v Lihanda & another; Orera & 4 others (Interested Parties) (Constitutional Petition 6 & 8 of 2018 (Consolidated)) [2022] KEHC 14969 (KLR) (4 November 2022) (Ruling)
✦ The motion for determination is dismissed.
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In re FK (Minor) (Adoption Cause E035 of 2022) [2022] KEHC 15899 (KLR) (Family) (4 November 2022) (Judgment)
✦ The court finds that the applicant is a suitable adoptive parent and that all legal prerequisites for adoption have been met.
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Terra Craft Limited v Waliubah & another (Civil Appeal 126 of 2015) [2022] KEHC 14968 (KLR) (Civ) (4 November 2022) (Judgment)
✦ The appeal is allowed, and the ruling of the lower court is hereby varied by setting aside the requirement that the Appellant deposits the decretal sum as condition for the setting aside of the exparte judgment and leave to defend. However, the Appellant will pay thrown away costs in the lower court including the costs of the motion giving rise to this appeal to the 1st Respondent within 21 days of assessment and to bear the costs of the appeal.
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In re CN (Minor) (Adoption Cause E034 of 2022) [2022] KEHC 15896 (KLR) (Family) (4 November 2022) (Judgment)
✦ The court finds that the applicant is a suitable adoptive parent and that all legal prerequisites for adoption have been met.
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Nadha v Republic (Criminal Revision E033 of 2022) [2022] KEHC 14941 (KLR) (Crim) (4 November 2022) (Ruling)
✦ The application is dismissed as the trials are distinct and relate to different events and complainants, making consolidation impractical.
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Bunyasi v Chebii & 3 others (Election Petition E002 of 2022) [2022] KEHC 14848 (KLR) (4 November 2022) (Ruling)
✦ The court sets out hearing dates and directions for the petition, including the re-sealing and reassembling of gubernatorial election ballot boxes, and directs the Deputy Registrar to compile a report.
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SAM v KMM (Civil Appeal 211 of 2021) [2022] KEHC 14753 (KLR) (4 November 2022) (Ruling)
✦ The application is dismissed with no order as to costs.
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Auto Fine Limited v Ecobank Kenya Limited & another (Civil Suit E177 of 2021) [2022] KEHC 14732 (KLR) (Commercial and Tax) (4 November 2022) (Ruling)
✦ The application for security for costs is declined and dismissed with costs.
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In re Estate of Kyale Mwendwa (Deceased) (Succession Cause E2167 of 2021) [2022] KEHC 15878 (KLR) (Family) (4 November 2022) (Ruling)
✦ The application is dismissed and the executor is directed to establish the full extent of the estate and file a summons for confirmation of grant within 90 days.
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In re Estate of Morris Amukoye Akuwana (Succession Cause 834 of 2013) [2022] KEHC 14992 (KLR) (4 November 2022) (Judgment)
✦ The estate will be shared equally between the three sons and the deceased's daughter, with the daughter receiving a smaller portion.
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Standard Investment Bank Limited v Nyakundi & 3 others (Civil Suit E195 of 2020) [2022] KEHC 14966 (KLR) (Civ) (4 November 2022) (Ruling)
✦ The court allows the motion on terms that the 1st and 3rd Defendants will file their defence in 14 days and pay thrown away costs including the costs of the motion to the Respondent within 28 days of assessment.
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Republic v Musimbi (Criminal Case E066 of 2022) [2022] KEHC 14783 (KLR) (Crim) (4 November 2022) (Ruling)
✦ The court denies the application for bail due to compelling reasons.
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In re Estate of Nazir Khan Mohamed (Succession Cause 2 of 2019) [2022] KEHC 14929 (KLR) (4 November 2022) (Ruling)
✦ The court did not consider the objector's submission in its ruling of September 30, 2021, but this did not amount to an error on the face of the record warranting review. The court's decision was based on merit and the applicant/objector was not condemned unheard.
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SMK v ENR (Civil Suit E027 of 2022) [2022] KEHC 15904 (KLR) (Family) (4 November 2022) (Ruling)
✦ The application for stay of execution is dismissed. The court directs that each party pay their own costs.
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In re baby SAS (Adoption Cause 5 of 2020) [2022] KEHC 14899 (KLR) (4 November 2022) (Judgment)
✦ The application is allowed, and the applicants are authorized to adopt baby SAS, who shall be known as SAM. The guardian ad litem is discharged, and the adoption is entered in the adopted children's register. FMO is appointed as the legal guardian of the child.
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In re NZJHB (A Persons Suffering from A Mental Disorder) (Miscellaneous Civil Application E044 of 2022) [2022] KEHC 15939 (KLR) (Family) (4 November 2022) (Judgment)
✦ The court declares NZJHB to be a person suffering from a mental disorder under the Mental Health Act and appoints ZJHB as her legal guardian and manager of her estate.
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In re Estate of Peter Manda Opondo alias Manda Opondo (Deceased) (Succession Cause 654 of 2010) [2022] KEHC 14856 (KLR) (4 November 2022) (Ruling)
✦ The court directs the Deputy Registrar to call for the file in Mumias DMCSC No. 36 of 1978 to confirm whether South Wanga/Buchi/929 had been distributed in that cause.