Kenyan case law
-
PNK v Republic (Criminal Appeal 45 of 2019) [2022] KEHC 16081 (KLR) (3 November 2022) (Judgment)
✦ The court orders a retrial restricted to the production of the DNA report, allowing the appellant to cross-examine the maker.
-
In re Estate of the Late Ezekiel Kibe Kimaru (Deceased) (Succession Cause 356 of 1998) [2022] KEHC 15404 (KLR) (3 November 2022) (Ruling)
✦ The court denied the summons for rectification of the grant and did not revoke the grant of letters of administration intestate. The court directed that the distribution of the property should be as per the confirmed grant issued on June 5, 1998 and rectified on November 19, 2020.
-
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.
-
Republic v Meri (Criminal Case 26 of 2015) [2022] KEHC 17228 (KLR) (3 November 2022) (Sentence)
✦ The court sentences the accused to ten (10) years imprisonment, with the right of appeal on the sentence and the State's right to appeal on the sentence.
-
Revital Health Care (EPZ) Limited v Public Procurement Oversight Authority & 2 others (Constitutional Petition 75 of 2012) [2022] KEHC 16410 (KLR) (3 November 2022) (Ruling)
✦ The application is dismissed with costs to the 2nd respondent.
-
Rukahu & another v Maluku (Suing as legal representative of Silus Maluki Kiminda) (Civil Appeal 58 of 2019) [2022] KEHC 15064 (KLR) (3 November 2022) (Judgment)
✦ The appeal is dismissed. The decision of the trial court is upheld. The appellants will jointly and severally pay the respondent's costs of appeal.
-
Daib v Kenya Ports Authority; Kenya National Examination Council & 3 others (Interested Parties) (Constitutional Petition 30 of 2019) [2022] KEHC 16416 (KLR) (3 November 2022) (Ruling)
✦ The court denied the application for stay of proceedings pending appeal.
-
In re Estate of Richard Churko Stephen alias Richard Churko Guyo – (Deceased) (Succession Cause 8 of 2018) [2022] KEHC 15095 (KLR) (3 November 2022) (Judgment)
✦ The estate will be distributed by selling the real estate assets and the proceeds will be shared equally among the 7 beneficiaries. The monthly pension will be shared equally between the two widows.
-
Inticon Africa Limited & another v George Philip Investment Limited t/a Rock Motel, Davis & Shirtliff Limited (Miscellaneous Civil Case E112 of 2022) [2022] KEHC 14657 (KLR) (3 November 2022) (Ruling)
✦ The application for leave to appeal out of time is incompetent and without jurisdiction, and is struck out with no costs.
-
Yego & 3 others v Ogada (AIC Kisumu Region) & 3 others (Miscellaneous Civil Application 136 of 2020) [2022] KEHC 14707 (KLR) (3 November 2022) (Ruling)
✦ The court orders mediation and appoints a mediator to facilitate the process.
-
Kimanthi v Kenindia Assurance Co. Ltd & another (Civil Case E119 of 2021) [2022] KEHC 15110 (KLR) (Civ) (3 November 2022) (Ruling)
✦ The court will not strike out the statements of defence and will not enter judgment for the plaintiff.
-
Republic v Vignel & another (Criminal Case 34 of 2020) [2022] KEHC 14665 (KLR) (3 November 2022) (Judgment)
✦ The court acquits the second accused, Uzrah Anyango Ochieng, of the offence of murder and sets her free unless otherwise lawfully held.
-
Eagle Vet Kenya Limited & another v Munyoki (Civil Appeal 35 of 2019) [2022] KEHC 14967 (KLR) (3 November 2022) (Judgment)
✦ This court finds no merit in the appeal and disallows it.
-
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.
-
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.
-
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.
-
Rioba & another v Director of Public Prosecutions; Ochieng & 2 others (Interested Parties) (Criminal Petition E003 of 2021) [2022] KEHC 16415 (KLR) (3 November 2022) (Judgment)
✦ The court will either quash the criminal charges or direct that the matter be heard and determined within a reasonable time.
-
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.
-
Olela v Republic (Criminal Appeal E010 of 2022) [2022] KEHC 14690 (KLR) (3 November 2022) (Judgment)
✦ The sentence of three years imprisonment is set aside and substituted with a sentence of fifteen months imprisonment to run from when he was sentenced by the trial court.
-
Gitonga v Republic (Criminal Appeal E077 of 2022) [2022] KEHC 14684 (KLR) (3 November 2022) (Judgment)
✦ The court found that the prosecution proved the offence of robbery with violence beyond reasonable doubt and that Gitonga was correctly identified as the attacker.
-
Hassan v Republic (Criminal Appeal E003 of 2022) [2022] KEHC 14864 (KLR) (3 November 2022) (Judgment)
✦ The appeal is dismissed as the prosecution proved all material ingredients of the offense and the sentence is within the statutory limits.
-
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.
-
Erastus v NK (Suing as the legal representative and administrator of the estate of the late BJK- (Deceased) (Civil Appeal E003 of 2021) [2022] KEHC 14893 (KLR) (3 November 2022) (Judgment)
✦ The appeal is allowed to the extent that dependency is reduced from Ksh 2,400,000 to Ksh 1,000,000; the other awards remain intact.
-
Komu v Vee Vee Enterprises Ltd (Civil Appeal E003 of 2021) [2022] KEHC 14953 (KLR) (3 November 2022) (Judgment)
✦ The court held that the trial court's award of Kshs 400,000 as general damages was inordinately low and remitted the case for a new trial to determine the appropriate quantum of damages.
-
Republic & another v Njuguna & another (Criminal Case E005 of 2021) [2022] KEHC 15602 (KLR) (3 November 2022) (Ruling)
✦ Teresia Wanjiru Njuguna is sentenced to two years imprisonment for manslaughter, with one year suspended.