Kenyan case law
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Republic v Mwasya (Criminal Case 7 of 2017) [2022] KEHC 14766 (KLR) (3 November 2022) (Judgment)
✦ The accused is found guilty of murder and is convicted
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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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Odhiambo v Attick Enterprises Saw Mill (Civil Appeal 66 of 2018) [2022] KEHC 15324 (KLR) (3 November 2022) (Ruling)
✦ The application is allowed, and the appellant/applicant is required to deposit Kshs 60,000 as security for costs pending the appeal.
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Kamau & 13 others v Muga Developers Limited & 7 others (Civil Case E052 of 2020) [2022] KEHC 15075 (KLR) (Commercial and Tax) (3 November 2022) (Ruling)
✦ The reference is not defective for being filed prior to giving notice as required under rule 11(1) of the Advocates Remuneration Order, as the 14-day period for filing the reference started from February 24, 2022. However, the reference is defective for failing to give notice as required under rule 11(1) of the Advocates Remuneration Order.
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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.
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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.
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Republic v Mungathia (Criminal Case 81 of 2005) [2022] KEHC 14688 (KLR) (3 November 2022) (Judgment)
✦ The court finds that the prosecution has not proved that Mungathia caused the death of Kailemia, and that Mungathia did not act with malice aforethought.
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Republic v Cabinet Secretary, Ministry of Internal Security & 3 others; Marsin & 7 others (Exparte) (Judicial Review Application 2 of 2021) [2022] KEHC 16043 (KLR) (3 November 2022) (Judgment)
✦ An order of mandamus is issued to compel the respondents to pay the ex parte applicants the sum of Kshs 1,922,086.57/=.
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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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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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Republic v Wanyonyi (Criminal Case E038 of 2021) [2022] KEHC 14770 (KLR) (3 November 2022) (Ruling)
✦ The court finds that the prosecution has established a prima facie case against the accused, and he is now called upon to make his defence.
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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.
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ISO v FMM (Civil Appeal E006 of 2021) [2022] KEHC 17184 (KLR) (3 November 2022) (Judgment)
✦ The appeal is dismissed as there is no merit in it.
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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.
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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/=.
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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.
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Ndambo v Ndambo (Civil Appeal 35A of 2022) [2022] KEHC 14723 (KLR) (3 November 2022) (Judgment)
✦ The appeal is allowed, the ruling of the magistrate is set aside, and the appellant is allowed to join the deceased's personal representatives as defendants.
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Kihima v Republic (Miscellaneous Criminal Application E061 of 2022) [2022] KEHC 14823 (KLR) (3 November 2022) (Ruling)
✦ The court finds that the appellant has an arguable appeal with a likelihood of success but does not grant bail pending appeal.
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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.
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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.
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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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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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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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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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Musyoka v Kaguora & another (Civil Appeal E014 of 2020) [2022] KEHC 15038 (KLR) (3 November 2022) (Judgment)
✦ The court sets aside the award of Kshs. 350,000 as general damages and awards Kshs. 400,000 as general damages.