Kenyan case law

In re Estate of Ngeti Mbai (Deceased) [2020] KEHC 3141 (KLR)

✦ The applications are dismissed with no order as to costs.

Mohansons (K) Ltd v Cannon Holdings Ltd [2020] KEHC 2854 (KLR)

✦ The suit is dismissed for want of prosecution as the Petitioner has not taken any steps for over ten years.

Mohamed Khamis v Zarum Investment Ltd [2020] KEHC 2857 (KLR)

✦ The appeal is dismissed with costs to the respondent

Amon Muthuri v Republic [2020] KEHC 3156 (KLR)

✦ The sentences shall run concurrently

Ibrahim Mohamed Leo & another v Hussein Mohamed Leo & 4 others [2020] KEHC 2960 (KLR)

Daniel Kariuki v D.N. Ogoti [2020] KEHC 3142 (KLR)

✦ The appeal is dismissed with costs to the Respondent.

Benson v Muthama & another (Suing as the personal representative of the estate of Sharon Mueni-deceased) (Civil Appeal 38 of 2017) [2020] KEHC 3099 (KLR) (23 September 2020) (Judgment)

✦ The trial court's award on damages is set aside and substituted with a new award of Kshs 993,605/60, including Kshs 901,132 for loss of dependency, Kshs 50,000 for pain and suffering, and Kshs 150,000 for loss of expectation of life.

Ramogi & 3 others v Attorney General & 6 others; Muslims for Human Rights & 2 others (Interested Parties) (Constitutional Petition 159 of 2018 & Petition 201 of 2019 (Consolidated)) [2020] KEHC 3087 (KLR) (23 September 2020) (Ruling)

✦ The application to admit a document by the Attorney General is declined due to procedural issues and the risk of undermining the fair trial rights of the petitioners and interested parties.

Pacifica Bonareri Nyakina v Rose Obaga [2020] KEHC 3030 (KLR)

✦ The court sets aside the interlocutory judgment and dismisses the originating summons, finding that the respondent was not required to file a response or enter appearance as the originating summons acts as both pleadings and summons.

Nicholas Shivachi Mboya & Joshua Litsululu Amutavi v Republic (Criminal Appeal 243 of 2019) [2020] KEHC 10084 (KLR) (23 September 2020) (Judgment)

✦ The conviction and sentence are quashed. The appellants are released on bail and their deposits are refunded.

Bernard Katoo Mutinda v Republic [2020] KEHC 10085 (KLR)

✦ The Appellant's conviction is quashed and the sentence set aside.

Margaret Akeyo Odondi v South Nyanza Sugar Co. Ltd [2020] KEHC 2990 (KLR)

✦ The trial court's decision to refer the dispute to arbitration was upheld. The appellant's suit was not time barred.

Paul Omondi Ogutu v Zainab Mbaruk Swaleh [2020] KEHC 3143 (KLR)

✦ The appeal is disallowed with costs to the Respondent

Patrick Kagai Kiarie, George Migue Kiarie, Agnes Wanjiru Kiarie (Through her Appointed Guardians Monica Wanja Kiguru & Peter Kamau Wanjiru & Salim Abdu Mwaniki Kiarie v Michael Kahurani Kiarie; David Kiarie Kahurani (Necessary Party) (Civil Case E013 of 2020) [2020] KEHC 3055 (KLR) (Civ) (23 September 2020) (Ruling)

✦ The court declines to strike out the necessary party's further supporting affidavit and dismisses the preliminary objection, directing the motion to proceed to hearing on its merits.

GC v IG (Civil Appeal 117 of 2019) [2020] KEHC 3095 (KLR) (23 September 2020) (Ruling)

✦ Appellant's application for stay of execution of the decree is granted

John GakuoJohn Gakuo (Deceased) & 3 others v Republic [2020] KEHC 2811 (KLR)

✦ The appeals are dismissed. The learned Magistrate did not fail to evaluate all evidence, the court considered procurement laws, the burden of proof was not shifted, and prosecution proved their case beyond reasonable doubt.

Otieno Cleveland Okoth Ayayo v Law Society of Kenya Disciplinary Tribunal; Elijah Midigo Ochieng & 3 others (Interested Parties) [2020] KEHC 3146 (KLR)

✦ The petition is dismissed with costs to the Respondent and the interested party.

Benson Wanyonyi Wandera v Republic [2020] KEHC 1367 (KLR)

✦ The matter cannot be considered as a revision and the file is closed.

In re Estate of Modkayo Oguta (Dcd) [2020] KEHC 3145 (KLR)

✦ The application lacks merit and is dismissed with costs.

ES & OSJ v Republic [2020] KEHC 2678 (KLR)

✦ The appeal is allowed, and the appellants are set free unless lawfully held.

Kithungururu Farmers’ Co-operative Society Ltd v Harrison K Njage t/a H.K Enterprises (K) [2020] KEHC 3118 (KLR)

✦ The application is dismissed as the Civil Procedure Act does not apply to appeals from the decision of the High Court in its appellate jurisdiction.

Rahil International Limited v I & M Bank Limited; Dhanji Manji Ravji & 4 others (Intended Interested Parties) [2020] KEHC 10082 (KLR)

✦ The matter shall be placed before Nzioka J. to give directions on the matter as the Applicant and the proposed interested parties are parties to the pending suit.

Otieno, Ragot and Company Advocates v National Bank of Kenya Limited [2020] KEHC 3151 (KLR)

✦ The Respondent has not filed a reference and the procedure adopted by the Respondent to challenge the certificate of costs is unknown in law.

Abdalla Salim Abdalla & 2 others v Office of Director of Public Prosecutions & 3 others [2020] KEHC 3173 (KLR)

✦ The withdrawal of the petition is irregular and therefore void. The Criminal Revision 179 of 2020 is an abuse of the Court process.

M’nyeri M’rinkuri v Bernard Gitari Mugera & 5 others [2020] KEHC 3094 (KLR)

✦ Grounds of opposition are to be considered in the main suit or application.