Kenyan case law
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In re Estate of Jacob Otiw (Deceased) (Succession Cause 15 of 2022) [2022] KEHC 14832 (KLR) (1 November 2022) (Ruling)
✦ The case is closed and the original file is to be transferred to Madiany Law Courts.
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Benvick Warehouse Limited v DCI Regional Coordinator Coast & 4 others (Civil Suit 11 of 2019) [2022] KEHC 14673 (KLR) (31 October 2022) (Ruling)
✦ The suit is dismissed with costs for want of prosecution.
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Chovu v Director of Criminal Investigations & 7 others; Awale Transporters Limited & 2 others (Interested Parties) (Constitutional Petition 219 of 2018) [2022] KEHC 14453 (KLR) (31 October 2022) (Judgment)
✦ The Petition is dismissed with no orders as to costs due to the unripe nature of the dispute.
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State v Mochanga (Criminal Case 46 of 2019) [2022] KEHC 14879 (KLR) (31 October 2022) (Judgment)
✦ The court found that the prosecution's evidence of identification was sufficient and that the accused was not proven to have committed the murder.
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In re Estate of James Cleophas Otieno Okello (Deceased) (Succession Cause 416 of 2020) [2022] KEHC 14398 (KLR) (Family) (31 October 2022) (Ruling)
✦ The applicant's application fails, but the court directs that the application for confirmation of the grant and the response be heard on March 6, 2023.
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Mullah v Masinde Muliro University of Science & Technology (Constitutional Petition E002 of 2022) [2022] KEHC 14885 (KLR) (31 October 2022) (Judgment)
✦ The court finds that the petitioner's rights have been violated due to the delay in issuing the academic transcripts and degree certificate.
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Gathige v Republic (Miscellaneous Criminal Application E008 of 2022) [2022] KEHC 14733 (KLR) (31 October 2022) (Ruling)
✦ The court finds the application functus ocio and strikes it out for lack of merit
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Tom Ojienda & Associates v Speaker, Kakamega County Assembly (Miscellaneous Civil Application 170 of 2019) [2022] KEHC 14542 (KLR) (31 October 2022) (Ruling)
✦ Application is incompetent and merits consideration on merits
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In re Estate of Osundwa Chitechi (Deceased) (Succession Cause 357 of 1989) [2022] KEHC 14568 (KLR) (31 October 2022) (Ruling)
✦ The ruling is reviewed, and both sides are directed to file affidavits within 30 days to specify the amount and land apportioned to the four individuals.
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Maturi & another v Nyaboke Fam Limited & 3 others (Civil Case E009 of 2021) [2022] KEHC 14987 (KLR) (31 October 2022) (Ruling)
✦ The High Court lacks jurisdiction to hear the suit and the plaintiffs lack locus standi to sue on behalf of the deceased's estate.
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Ngungiri v Njoki & 2 others (Election Petition E001 of 2022) [2022] KEHC 14632 (KLR) (31 October 2022) (Ruling)
✦ The court grants the petitioner leave to withdraw the petition and awards costs to the respondents.
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FOO & another (Suing as the legal representatives in the estate of LAO a minor aged 5 months) v Mathias (Civil Appeal E015 of 2022) [2022] KEHC 14642 (KLR) (31 October 2022) (Judgment)
✦ The court found that the appellants failed to prove negligence on the part of the respondent's driver on a balance of probabilities and dismissed the appellants' case.
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Aoro v Were (Miscellaneous Reference Application E019 of 2022) [2022] KEHC 14628 (KLR) (31 October 2022) (Judgment)
✦ The applicant's application for stay of execution and taxation proceedings is dismissed, and the decision on the respondent's bill of costs is set aside and taxed afresh by the court.
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Republic v Kelvin & another (Criminal Case 1 of 2017) [2022] KEHC 14645 (KLR) (31 October 2022) (Judgment)
✦ The court found that the deceased's death was not caused by an unlawful act or omission of the accused, and the injuries sustained were not consistent with self-defense.
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Desert Commercial Shipping Limited & another v OCPD Changamwe Police & 2 others (Petition E071 of 2021) [2022] KEHC 14452 (KLR) (31 October 2022) (Judgment)
✦ The petitioners' vehicles were impounded without disclosing investigation details, which is in breach of their rights under articles 40, 47, and 50 of the Constitution and section 8 of the Traffic Act.
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Kendi v Governor, Laikipia County & 2 others; Taiti & 6 others (Interested Parties) (Constitutional Petition E003 of 2022) [2022] KEHC 14541 (KLR) (31 October 2022) (Ruling)
✦ The court declines to issue any interim conservatory order due to the fair hearing of the petition and application.
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In re Estate of Peterson Appolos Karani (Deceased) (Succession Cause 748 of 2011) [2022] KEHC 14550 (KLR) (Family) (31 October 2022) (Ruling)
✦ The properties listed in P & A 5 shall be jointly administered by the applicant and the respondent, with income deposited into a joint account.
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In re Estate of GW (Petition E034 of 2021) [2022] KEHC 14714 (KLR) (31 October 2022) (Judgment)
✦ GW is declared to be suffering from mental disorder. JBW is appointed guardian and manager of GW's estate.
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Olonkishu & 650 others v Cabinet Secretary, Ministry of Interior and Co-ordination of National Government & 2 others (Petition 1 of 2022) [2022] KEHC 14446 (KLR) (31 October 2022) (Judgment)
✦ The decision to move Ildolisho and Kiikat sub-locations to Transmara South Sub-county is unconstitutional and in violation of several constitutional provisions.
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Aoro v Were (Civil Appeal E024 of 2022) [2022] KEHC 14716 (KLR) (31 October 2022) (Judgment)
✦ The court found that the appellant was wholly liable for the accident.
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Ongundo & another v Omwocha & another (Civil Appeal 13 of 2021) [2022] KEHC 15053 (KLR) (31 October 2022) (Judgment)
✦ The appeal is dismissed. The award of damages is upheld.
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Mohammed & another v Shimanyula & 3 others (Civil Case 1 of 2021) [2022] KEHC 14616 (KLR) (31 October 2022) (Ruling)
✦ The High Court held that the Environment and Land Court had concurrent jurisdiction with the High Court to determine the dispute, and thus the suit should not be struck out.
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MWN & 5 others v MMN & another (Civil Case 19 of 2011 & 74 of 2020 (Consolidated)) [2022] KEHC 14575 (KLR) (Family) (31 October 2022) (Ruling)
✦ The applicants cannot be joined in the matter as it has already been determined. The application is dismissed, and no order as to costs is made.
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Langat & another v Kamau & another (Civil Suit 112 of 2012) [2022] KEHC 14569 (KLR) (31 October 2022) (Ruling)
✦ The court granted the temporary injunction restraining the defendants from entering, encroaching, trespassing, remaining, using, damaging, wasting, or interfering with the plaintiffs' possession, enjoyment, and use of the property.
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Manyeki v Orina (Civil Appeal 73 of 2021) [2022] KEHC 14881 (KLR) (31 October 2022) (Judgment)
✦ The appeal is dismissed with costs to the respondent.