Kenyan case law
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Kiambiriria Gietu Water Project (Sued through its Officials 1. Benson Kinyua - Chairman 2. Purity Isack - Secretary 3. Joseph Mugambi – Vice-Chairman) v Gitonga (Miscellaneous Civil Application E003 of 2022) [2022] KEHC 14822 (KLR) (3 November 2022) (Ruling)
✦ The application is allowed, and the applicant is directed to lodge its memorandum of appeal within seven (7) days of the ruling.
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Republic v Martin (Criminal Case E007 of 2020) [2022] KEHC 15376 (KLR) (3 November 2022) (Ruling)
✦ The accused has a case to answer and is placed on his defence.
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Republic v Fairplan Systems Limited; County Government of Kitui (Exparte) (Judicial Review Miscellaneous Application E062 of 2022) [2022] KEHC 14846 (KLR) (Judicial Review) (3 November 2022) (Ruling)
✦ The court lacks jurisdiction to entertain the matter due to the limitations of the Arbitration Act, and the ex parte applicant's application for certiorari is dismissed.
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MAR v Republic (Criminal Appeal E024 of 2021) [2022] KEHC 15409 (KLR) (3 November 2022) (Judgment)
✦ The court reduces the sentence from 25 years to 10 years, with the appellant continuing with medication for his mental illness while in custody. The substituted sentence will run from August 3, 2020.
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Republic v Chelule (Criminal Case E010 of 2022) [2022] KEHC 17016 (KLR) (3 November 2022) (Ruling)
✦ The Accused has a constitutional right to be released on bail pending trial.
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Republic v County Commander of Police, Marsabit County & 3 others; Saku Boda Boda Savings and Credit Co-operative Society Ltd (Exparte) (Judicial Review E001 of 2022) [2022] KEHC 14863 (KLR) (3 November 2022) (Judgment)
✦ The application to issue an order for certiorari is allowed, while the other orders sought are dismissed.
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In re Estate of Ezekiel Njihia Kinuthia aka Ezekiel Njihia Kinuthia Kihanya aka Njehia Kinuthia “A” (Deceased) (Succession Cause 16 of 2017) [2022] KEHC 14651 (KLR) (3 November 2022) (Ruling)
✦ The chamber summons is dismissed with costs to the administrator.
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Makau & 4 others v Nkubu Principal Magistrate & 2 others (Judicial Review 17 of 2019) [2022] KEHC 14658 (KLR) (3 November 2022) (Judgment)
✦ The inquest court exceeded its jurisdiction by ordering the police officers to be investigated and charged. The court's order is quashed.
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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.
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Republic v Munga & 2 others (Criminal Case E035 of 2021) [2022] KEHC 15378 (KLR) (3 November 2022) (Ruling)
✦ The court finds that the accused is not suitable for bail pending trial and orders him to be put on methadone therapy.
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VOO v Republic (Criminal Appeal 8 of 2020) [2022] KEHC 14676 (KLR) (3 November 2022) (Judgment)
✦ The appeal is dismissed as the prosecution proved its case and the trial court's conviction was correct.
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Mwangi Keng’ara & Co Advocates v Mungai (Miscellaneous Case E740 of 2021) [2022] KEHC 15656 (KLR) (Commercial and Tax) (3 November 2022) (Ruling)
✦ The application is merited, and judgment is hereby entered in favor of the advocate in the sum of Kshs 492,241.92 with interest at 14% per annum calculable at 30 days from the date when the bill of cost was served upon the client.
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Kenya Power & Lighting Company Limited v Mutembei (Civil Appeal E033 of 2022) [2022] KEHC 14702 (KLR) (3 November 2022) (Judgment)
✦ The Appellant is found liable at 100% for the accident, and the trial court's quantum award is upheld.
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Rwaka v Republic (Criminal Appeal 23 of 2019) [2022] KEHC 14682 (KLR) (3 November 2022) (Judgment)
✦ The appeal is dismissed as the prosecution proved the ingredients of delement and the mandatory life sentence is upheld.
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Edward Engasha Sabatia C.E.O t/a Gillan Sabatia Foundation v Kabiru (Civil Appeal 101 of 2022) [2022] KEHC 15322 (KLR) (3 November 2022) (Ruling)
✦ The court denies the application for stay of execution pending appeal.
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Gitonga v Republic (Criminal Revision E174 of 2022) [2022] KEHC 14710 (KLR) (3 November 2022) (Ruling)
✦ The 20-year sentence is reviewed to the period already served.
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Tenkee & 2 others v Attorney General & 2 others (Civil Appeal 10 of 2021) [2022] KEHC 14821 (KLR) (3 November 2022) (Judgment)
✦ The court finds that the prosecution was reasonable and probable, and there was no malice in instigating, initiating, or continuing the prosecution.
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Mireri v Republic (Criminal Appeal E019 of 2022) [2022] KEHC 14671 (KLR) (3 November 2022) (Judgment)
✦ The appeal is dismissed as the sentence was fair in the circumstances of the case.
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In re Estate Simon Maina Karia (Deceased) (Succession Cause E021 of 2021) [2022] KEHC 14876 (KLR) (3 November 2022) (Ruling)
✦ The court grants the application for a stay of the order to subdivide the land.
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In re Estate of Nahason Kiragu Mbuthia (Deceased) (Succession Cause 146 of 2017) [2022] KEHC 14917 (KLR) (3 November 2022) (Judgment)
✦ The court confirmed the grant of the estate and the proposed distribution of assets between the two houses.
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Daniel v Director of Public Prosecutions (Petition 83 of 2021) [2022] KEHC 15424 (KLR) (3 November 2022) (Judgment)
✦ The court finds the petitioner entitled to the benefit of section 333(2) of the Criminal Procedure Code, and the ten years' sentence should take effect from October 30, 2017.
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Republic v Chief Executive Officer, Independent Electoral and Boundaries Commission; Office Technologies Limited (Exparte Applicant) (Judicial Review 302 of 2015) [2022] KEHC 14725 (KLR) (Judicial Review) (3 November 2022) (Ruling)
✦ The court orders the respondent to be punished by committal to civil jail for six months or a fine, or both, for disobeying the court order.
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Ng’ang’a & another v Republic (Criminal Appeal E026 of 2022 & E073 of 2021 (Consolidated)) [2022] KEHC 14809 (KLR) (3 November 2022) (Judgment)
✦ The default sentences are set aside and substituted with a sentence of six (6) months imprisonment in each count, resulting in a cumulative sentence of 18 months imprisonment.
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Baya v Republic (Miscellaneous Criminal Application E046 of 2022) [2022] KEHC 15423 (KLR) (3 November 2022) (Ruling)
✦ The applicant is entitled to benefit from section 333(2) of the Criminal Procedure Code, and his sentence should be reduced by one year, three months, and nine days.
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SB v Republic (Criminal Appeal E056 of 2022) [2022] KEHC 14681 (KLR) (3 November 2022) (Judgment)
✦ The appeal succeeds. The conviction is quashed and the sentence set aside.