Kenyan case law
-
CG Waithima & Company Advocates v Peter Mwangi Kariuki [2020] KEHC 3270 (KLR)
✦ The Hon. Judge’s actions were not deliberate and the recusal motion is dismissed.
-
Republic v James Musyoki Mutinda [2020] KEHC 379 (KLR)
✦ The court allows the Director of Public Prosecutions to discontinue the criminal case against the accused, acquitting him and setting him free.
-
Joseph Kiplagat Rotich v Republic [2020] KEHC 3035 (KLR)
✦ The conviction is quashed and the sentence set aside. The matter is not old as the plea was taken on 14/5/2020, about 4 months ago. The appellant should be availed before a different magistrate at Iten Law Court for plea taking.
-
ROO v LJA [2020] KEHC 2578 (KLR)
✦ The court varied the custody orders to give the Appellant (ROO) more time with the children, while maintaining the Respondent's (LJA) unlimited visitation rights.
-
Edwin Kipkasi Kipkemboi v Republic [2020] KEHC 3079 (KLR)
✦ The appeal is allowed, the sentence is quashed, and the case is ordered for retrial.
-
Rentco East Africa Ltd & 2 others v Hussein Igu Kiyai [2020] KEHC 3280 (KLR)
✦ The court reduces the general damages award to Kshs. 1,000,000 and the loss of earning capacity award to Kshs. 500,000, while the special damages award remains unchanged.
-
Atta Kenya Limited v Wonderloaf Bakery Limited [2020] KEHC 10064 (KLR)
✦ The ex-parte judgment is set aside on condition that the Defendant deposits Kshs. 1,000,000.00 in court within 60 days and files a Statement of Defence within 14 days.
-
Robert Gwiyo Hiribae v Republic [2020] KEHC 3217 (KLR)
✦ The Appellant's conviction is upheld, and his bond is cancelled pending a probation report and resentencing.
-
Bhupendra Somabhai Patel v Kingsway Tyres Limited & another [2020] KEHC 2611 (KLR)
✦ The application for review lacks merit and is dismissed. Costs are awarded to the Plaintiff.
-
Eric Munene Njagi v Republic [2020] KEHC 1710 (KLR)
✦ The sentence is affirmed, and the commencement date of the sentence is set to the date of arrest.
-
Republic v Suleiman Mwagandi Kiponda & 2 others [2020] KEHC 3268 (KLR)
✦ The prosecution has discharged the burden of establishing a prima facie case against each accused, and each accused has a case to answer.
-
In re Estates of Chacha Mwita Murimi [2020] KEHC 31 (KLR)
✦ The application is allowed to the extent that Ruling No. 2 is vacated and/or set aside. Costs of the application shall be in the Summons for Revocation.
-
DT v Republic [2020] KEHC 3189 (KLR)
✦ The appeal is dismissed. The appellant's conviction and sentence are upheld.
-
Republic v Moses Kibet Kangog [2020] KEHC 3284 (KLR)
✦ The court finds that the prosecution did not prove malice aforethought and substitutes the charge with manslaughter.
-
Afrikon Limited v George Kang’ethe Kagwimi t/a Kagwimi Kang’ethe & Company Advocates [2020] KEHC 3272 (KLR)
✦ The court dismissed the application, finding that the Advocates did not hold any money on account of Afrikon and that the application lacked merit.
-
AKS v Republic [2020] KEHC 3080 (KLR)
✦ The life sentence for the offence of defilement is set aside and replaced with a 30-year sentence.
-
Daniel Gachanja Githaiga v Credit Reference Bureau Africa Ltd & 2 others [2020] KEHC 3299 (KLR)
✦ The Plaintiff's claim for defamation and compensation is dismissed. The motor vehicle registration number KBL 905 is impounded and sold by public auction. The Plaintiff is ordered to bear his own costs, while the 3rd Defendant is ordered to pay the Plaintiff's costs.
-
Commissioner of Domestic Taxes v Kiambu Club Limited & another [2020] KEHC 10156 (KLR)
✦ The court allowed the Notice of Motion and extended the time for service of the Notice of Appeal.
-
Commissioner of Domestic Taxes v Scania East Africa Limited [2020] KEHC 10157 (KLR)
✦ The appeal is incompetent and struck out with costs to the Respondent
-
Kenneth Mwatia Mwengu v Republic [2020] KEHC 3074 (KLR)
✦ The appeal succeeds on the ground of fair trial, and the conviction is quashed. The appellant shall be released and produced before another competent court.
-
Daniel Gachanja Githaiga v Credit Reference Bureau Africa Ltd & 2 others [2020] KEHC 3174 (KLR)
✦ The Motor vehicle registration No. KBL 905 is impounded and sold by public auction to offset any outstanding amounts owed to the 2nd Defendant. No general damages are awarded.
-
Republic v Betty Yegon [2020] KEHC 3295 (KLR)
✦ The applicant is entitled to be released on bond unless there are compelling reasons. The applicant should take plea and a proper bail hearing be conducted.
-
Joseph Morara Omoke v Gerald Kimanga t/a Kimanga & Co. Advocates & 3 others [2020] KEHC 2618 (KLR)
✦ All three proposed parties are necessary parties and should be joined to the proceedings.
-
Noniko Holdings Limited & 2 others v Atticon Limited & 5 others [2020] KEHC 3291 (KLR)
✦ The ex parte judgment and resultant decrees/orders are set aside, and the defendants are granted leave to file their statement of defence out of time.
-
Noniko Holdings Limited & 2 others v Atticon Limited & 5 others [2020] KEHC 3176 (KLR)
✦ The court allows the application and grants leave to file the statement of defence out of time.