Kenyan case law
-
M S Shariff & Co Advocates v Omari Mbwana Zonga [2020] KEHC 2855 (KLR)
✦ The application is dismissed with costs as there is no triable issue to call for setting aside the certificate of costs and judgment on costs.
-
Orthodox Archbishopric of Kenya & Irinouplis v Energy Regulatory Commission [2020] KEHC 2988 (KLR)
✦ The application is allowed as prayed with costs in cause.
-
Stephen Napoe Mainge v Republic [2020] KEHC 1011 (KLR)
✦ The conviction is unsafe due to insufficient evidence to prove penetration, and the conviction is quashed and the sentence is set aside.
-
In re Baby WAK alias GS [2020] KEHC 2783 (KLR)
✦ The application is allowed, and the applicant is authorized to adopt Baby G.S. who shall be known as WAK.
-
J Mwangi Kariuki & another v Rosemary Wanjiku Mungai [2020] KEHC 3054 (KLR)
✦ The court finds that the appellants have reasonably shown they will suffer substantial loss and grants an order for a stay of execution pending appeal on the condition that the appellants deposit the entire decretal sum in an interest earning account in the joint names of the advocates and or firms of advocates within 30 days of this day.
-
Micheal Mbaabu Kirimania (Suing as the Legal Representative of the Estate of the late Kirimania Muguongo alias Kirimania M’muguongo - Deceased) v Kinoti Karuntimi [2020] KEHC 3113 (KLR)
✦ The court dismissed the appellant's appeal and upheld the trial court's decision to dismiss the application.
-
CM v Republic [2020] KEHC 2964 (KLR)
✦ The conviction and sentence are quashed, and the appellant is set at liberty
-
EPCO Builders Limited v Nicholas Kioko Mwangangi [2020] KEHC 3066 (KLR)
✦ The appeal is dismissed with costs to the respondent.
-
Paul Kariba v Republic [2020] KEHC 2895 (KLR)
✦ Appeal on conviction is dismissed. Appeal on sentence is allowed and sentence reduced to 15 years' imprisonment.
-
Manyota Limited v Protective Custody Limited & another [2020] KEHC 3058 (KLR)
✦ The court strikes out the motion for review with costs to the respondent.
-
Nicolas Angwenyi Siro t/a Riverside Continental Resort v Duke Oriku Gisemba [2020] KEHC 1091 (KLR)
✦ The appeal is dismissed. The trial magistrate did not err in finding that the appellant failed to prove ownership of the business and in dismissing the suit due to lack of evidence.
-
Michael Mwangi Guchura v Martin Wambua Kitavi [2020] KEHC 3134 (KLR)
✦ I direct the Deputy Registrar to temporarily release the lower court file to the court below for purposes of execution of the decree.
-
Philip Kiprotich Rono v Republic [2020] KEHC 403 (KLR)
✦ The Court of Appeal dismisses the appeal and confirms the conviction and sentence.
-
Nehemiah Stonebic Misiani t/a Stonebic High School v Radio Africa Group Limited & 2 others [2020] KEHC 2859 (KLR)
✦ The court allowed the appellant's application and dismissed the respondents' preliminary objection.
-
Entreprise Generale Malta Forrest v Isolux Ingeneria S.A & another; Kenya Eletricity Transmission Company (Interested Party) [2020] KEHC 2899 (KLR)
✦ The applicant's application to be joined as an interested party is allowed, but the application to set aside/vary the consent order of 6th October 2017 is denied.
-
Abdikadir Mohamed Osman v Republic [2020] KEHC 2917 (KLR)
✦ The victim was found to be a child as defined under the Children's Act No. 8 of 2001. The victim was not defiled, and the sentence was excessive.
-
Paul Kobia v Central Bank of Kenya & another [2020] KEHC 2940 (KLR)
✦ The court finds the petition not merited and dismisses it with costs to the respondents
-
Jared Mokaya Masese v Republic [2020] KEHC 3073 (KLR)
✦ The appeal is dismissed. The alibi defense is upheld. The prosecution sufficiently disapproved the alibi defense. The appellant was positively identified as the offender. The evidence is not contradictory or inconsistent.
-
In re Estate of Peter Ngumbi Mulei (Deceased) [2020] KEHC 3093 (KLR)
✦ The grant of letters of administration is revoked due to the untrue allegation of a fact essential in point of law to justify the grant.
-
Paul Makokha Okoiti v Equity Bank Limited & another [2020] KEHC 3053 (KLR)
✦ The application is dismissed with costs as it lacks merit.
-
Republic v Director of Public Prosecutions & another; John Ngugi Kabogo (Interested Party) Ex parte Harrison Wangoro Mwangi & another [2020] KEHC 10090 (KLR)
✦ The court found the summoning and charging of the applicants to be illegal and a violation of the Rule of Law.
-
Moses Opula Matika,Henry Aywa Makhotsa & Sila Samson Ongala v Republic (Miscellaneous Criminal Application 254 of 2018) [2020] KEHC 10093 (KLR) (Crim) (24 September 2020) (Ruling)
✦ The court finds the resentencing order erroneous and orders revision to take into account the preconviction custody period as provided for under section 333(2) of The Criminal Procedure Code.
-
Abdiaziz Yussuf Abi Republic [2020] KEHC 3004 (KLR)
✦ The appeal is dismissed. The trial court did not fail to comply with Section 200(3) of the Criminal Procedure Code. The prosecution did not fail to summon crucial witnesses.
-
Kahindi Wambugu & another v Jeremiah Wanyiri Wambugu [2020] KEHC 2883 (KLR)
✦ The appeal is dismissed.
-
Elijah Maina v Adline Wambui Wanjiru & another [2020] KEHC 3112 (KLR)
✦ The appellant was found 90% liable for negligence, and the respondents were awarded Kshs 4,043,407 in damages. The appeal is partly successful, with the decree set aside and a new judgment awarded.