Kenyan case law

Julius Mwinamo Ngunu v Mary Mwanzia [2020] KEHC 2503 (KLR)

✦ The court finds no merit in the application and dismisses it with costs.

Republic v Edwin Otieno Wanyara [2020] KEHC 246 (KLR)

✦ The accused is found guilty of murder.

Federica Martina Ferro v Gabriella Zouras Ferro [2020] KEHC 3273 (KLR)

✦ The Plaintiff's application for recognition and enforcement of the arbitration award is granted.

EMC (A minor suing through MNC) v James Irungu Nyanja [2020] KEHC 493 (KLR)

✦ The trial court erred in dismissing the claim without assessing damages, as the plaintiff failed to establish the defendant's liability in the accident.

Chemigas Limited v Maurice Nyandugu [2020] KEHC 3311 (KLR)

✦ The application for leave to be heard during the recess is granted. The application for temporary stay of attachment of applicant's property is granted with an interim stay until the matter is mentioned interpartes on 7.9.2020 by the Recess Duty Judge, Kisumu High Court.

Kenya National Federation of Sugarcane Farmers v Attorney General & 2 others; Council of Governors & another (Interested Parties) [2020] KEHC 3315 (KLR)

✦ The court granted the Petitioner's application for conservatory orders.

Margaret Nyambura & another v Peter Murigi Gitau [2020] KEHC 496 (KLR)

✦ The Court of Appeal dismissed the appeal, affirming the trial court's decision to dismiss the suit and to subtract the sum assessed under the Law Reform Act.

Oriole Investments Ltd v Bandari Savings and Credit Coop Society Ltd & another [2020] KEHC 3013 (KLR)

✦ The court referred the matter to arbitration and dismissed the plaintiff's application to have the defendants' managing directors committed to civil jail for contempt.

Republic v Commissioner of Domestic Taxes Ex Parte Fleur Investments Limited [2020] KEHC 10054 (KLR)

✦ The court found the Respondent's failure to render an objection decision within 60 days to be illegal and in bad faith.

Dilpack Kenya Limited v Franto Chemicals [2020] KEHC 3216 (KLR)

✦ The Court found that the Applicant did not meet the legal threshold for review and that the previous ruling was not erroneous.

Minal Rohtkumar Shah & 2 others v Office of the Director of Public Prosecutions & 3 others; Zacharia Ndiu Ngochi & another (Interested Parties) [2020] KEHC 2312 (KLR)

✦ The Court grants the Applicants leave to commence judicial review proceedings against the Respondents, and the leave operates as a stay of the criminal proceedings pending the hearing and determination of the substantive application.

Republic v Speaker of the Nairobi County Assembly & 4 others Ex parte Maurice Otieno Gari [2020] KEHC 2289 (KLR)

✦ The ex parte Applicant is granted leave to serve the Respondents with the Chamber Summons, skeletal submissions, and a copy of the directions. The case will be heard on 12th October 2020, and all pleadings and submissions must be filed electronically.

Nginyo Investment Limited v Mobile Pay Limited [2020] KEHC 3261 (KLR)

✦ The Court dismissed the Defendant's plea of res judicata and allowed the Defendant's counterclaim for the refund of the security deposit.

Chris Phillip Obure v Republic [2020] KEHC 3288 (KLR)

✦ The court found that the Respondent's request for pre-charge detention and extension of time was not lawful due to the contravention of the Applicant's right to be informed of the reason for his arrest and the right to be brought before court within 24 hours after arrest.

Eldo City Limited v Corn Products Kenya Limited; Equip Agencies (Interested Party) [2020] KEHC 3265 (KLR)

BPA v Directors, Brookhouse Schools & 3 others; DPGT (Proposed Interested Party) [2020] KEHC 3396 (KLR)

✦ The application for joinder by the proposed interested parties is allowed. Paragraph 19 of Mr. Gabriel Roimen's further affidavit is not expunged and struck out of the Court record.

Innocent Omukule v Director of Public Prosecutions & another [2020] KEHC 3320 (KLR)

✦ The application is granted leave to be heard during the recess and the application for orders is directed to be served on the respondents for interpartes consideration before the duty judge at Kisumu on 8/9/2020

OAPA (Suing as Parents and/or Guardians of student minors currently schooling at Oshwal Academy) v Oshwal Education Relief Board & 2 others [2020] KEHC 3398 (KLR)

✦ The petition partially succeeds, with the court issuing declarations and orders.

Fred Kiprop v Ambrose Kimutai (Civil Appeal 34 of 2008) [2020] KEHC 2997 (KLR) (3 September 2020) (Judgment)

✦ The appeal is dismissed with costs, but the lower court's judgment and decree are upheld as against the Attorney General.

David Oscar Owaka v National Bank of Kenya Limited [2020] KEHC 3278 (KLR)

✦ The application is granted and the applicant is allowed to be heard during the recess.

Defina Khayosa Matakwa v Simon Ng’ang’a Mburu & 2 others [2020] KEHC 3317 (KLR)

✦ The application to be heard during the recess is granted. An injunction is granted to prevent any dealings on the parcels of land registered in the name of Simon Ng’ang’a Mburu pending the hearing of the application interpartes.

Le Savanna County Lodge Hotel v Diamond Trust Bank Kenya Ltd [2020] KEHC 3325 (KLR)

✦ The application is granted leave to be heard during the Recess and an interpartes mention for directions is certified as urgent.

CIS v Directors, Crawford International School & 3 others [2020] KEHC 3394 (KLR)

✦ The Court has jurisdiction to entertain the petition and the petitioners have established grievances and disclosed alleged injuries linked to particular provisions of the Constitution.

Elijah Kathiari Mikwa & 3 others v Pentecostal Assemblies of God - Kenya Church & 3 others [2020] KEHC 3309 (KLR)

✦ The court declines to certify the matter as urgent and directs the applicant to serve the Respondents for interpartes consideration in the new term.

Malenia Itok v National Cereals and Produce Board (Petition 19 of 2016) [2020] KEHC 3051 (KLR) (3 September 2020) (Judgment)

✦ Petition dismissed with costs