Kenyan case law
-
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.
-
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.
-
DKW v EWW (Civil Appeal E023 of 2021) [2022] KEHC 15893 (KLR) (Family) (4 November 2022) (Judgment)
✦ The court affirmed the trial court's orders regarding joint legal custody and maintenance, but reduced the maintenance amount to Kshs 22,000 per month.
-
Lumunge v Jwenge (Suing as the administrator and personal representative of the Estate of Elizabeth Hamisi- Deceased) (Civil Appeal 51 of 2020) [2022] KEHC 17053 (KLR) (4 November 2022) (Judgment)
✦ The judgment entered by the lower court should not be set aside.
-
In re Estate of Serina Marigi alias Selina Marigi (Deceased) (Succession Cause 110 of 2021) [2022] KEHC 14840 (KLR) (4 November 2022) (Ruling)
✦ The application is dismissed and the case is transferred to the Hamisi law courts for determination.
-
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.
-
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.
-
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.
-
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.
-
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.
-
In re JL aka LC (Baby) (Adoption Cause EO26 of 2022) [2022] KEHC 15902 (KLR) (Family) (4 November 2022) (Judgment)
✦ The court finds the applicant suitable to adopt the child and grants the adoption order.
-
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.
-
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.
-
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.
-
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.
-
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.
-
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.
-
In re Estate of Jackson Makuku Omita (Deceased) (Succession Cause 1214 of 2012) [2022] KEHC 14993 (KLR) (4 November 2022) (Judgment)
✦ The protestor has no beneficial interest in Marama/Lunza/1494 and the court has no jurisdiction to determine the validity of the land sale.
-
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.
-
In re Estate of Musee Shikomari Joseph (Deceased) (Succession Cause 412 of 2001) [2022] KEHC 14857 (KLR) (4 November 2022) (Ruling)
✦ The court declines to revoke the grant made on 27th November 2001 and appoints Resbar Lihavi Igoa as one of the administrators of the estate. The matter is adjourned for a full-edged trial to take oral evidence on the relationship between the deceased and the administrator.
-
Republic v Cabinet Secretary, Ministry of Internal Security & 3 others; Marsin & 6 others (Exparte Applicants) (Miscellaneous Civil Application 2 of 2021) [2022] KEHC 15022 (KLR) (3 November 2022) (Ruling)
✦ The ex parte applicant’s Notice of Motion dated March 16, 2022 is merited and an order of Mandamus is issued to compel the respondent to pay the ex parte applicants the sum of Kshs 1,922,086.57/=.
-
Republic v Njiri (Miscellaneous Criminal Application E120 of 2022) [2022] KEHC 15347 (KLR) (3 November 2022) (Ruling)
✦ The remand period should be factored into the applicant's sentence, and his sentence should run from 21st April 2016.
-
Republic v Baya (Criminal Case 29 of 2015) [2022] KEHC 15410 (KLR) (3 November 2022) (Sentence)
✦ The court sentences the accused to 3 years on probation supervision.
-
In re Baby M (Child) (Adoption Cause E004 of 2022) [2022] KEHC 14713 (KLR) (3 November 2022) (Judgment)
✦ Adoption order granted
-
Republic v Waweru & 2 others (Criminal Case E017 of 2022) [2022] KEHC 14652 (KLR) (3 November 2022) (Ruling)
✦ The court grants bail to the 2nd and 3rd accused, each on a bond of Kshs.2 million with two sureties for similar amount.