Kenyan case law
-
Republic v Commissioner of Customes and Border Control Department & another; United Millers Limited (Exparte) (Judicial Review Miscellaneous Application E191 of 2021) [2022] KEHC 14354 (KLR) (Judicial Review) (27 October 2022) (Judgment)
✦ The court has jurisdiction to entertain the suit and the applicant has established the legal threshold for the grant of the review orders sought.
-
Chacha v Republic (Anti-Corruption and Economic Crimes Appeal 2 of 2021) [2022] KEHC 14482 (KLR) (Anti-Corruption and Economic Crimes) (27 October 2022) (Judgment)
✦ The court found that there was sufficient evidence to sustain the conviction.
-
Republic v Yulu (Criminal Case 77 of 2017) [2022] KEHC 14724 (KLR) (27 October 2022) (Judgment)
✦ The court finds the prosecution did not prove murder but convicted the accused of manslaughter.
-
Bwari v Republic (Criminal Appeal E015 of 2022) [2022] KEHC 14694 (KLR) (27 October 2022) (Judgment)
✦ Appeal dismissed due to overtaking of events
-
Hongo v Republic (Miscellaneous Criminal Application E096 of 2021) [2022] KEHC 14429 (KLR) (27 October 2022) (Ruling)
✦ The application is dismissed as it is pending indeterminately.
-
In re Mukoyani Toli & (Deceased) (Succession Cause 98 of 2000) [2022] KEHC 14535 (KLR) (27 October 2022) (Judgment)
✦ The grant of letters of administration was not obtained fraudulently, and the grant should not be revoked or annulled.
-
Odoyo v Republic (Criminal Appeal E012 of 2022) [2022] KEHC 14328 (KLR) (27 October 2022) (Judgment)
✦ The appeal is dismissed as the conviction and sentence are found to be lawful.
-
Njoroge v Republic (Criminal Revision E024 of 2022) [2022] KEHC 14798 (KLR) (27 October 2022) (Ruling)
✦ The application is dismissed as the trial court's sentence is lawful and the court cannot consider the period of custody again.
-
Gathuri v National Bank of Kenya Limited & another (Civil Appeal E610 of 2021) [2022] KEHC 14516 (KLR) (Civ) (27 October 2022) (Ruling)
✦ The court granted the stay of execution of the order pending the appeal.
-
In re Estate of Stanley Mugambi Muketha (Deceased) (Succession Cause 361 of 2009) [2022] KEHC 14477 (KLR) (27 October 2022) (Ruling)
✦ The court finds that Evangeline has not met the test in Giella vs Cassman Brown and summons dated 21st April, 2022 is therefore disallowed.
-
Mwangi v Republic (Miscellaneous Criminal Petition E089 of 2021) [2022] KEHC 14704 (KLR) (27 October 2022) (Judgment)
✦ The court lacks jurisdiction to entertain the question of conviction and resentencing, the computation of sentence provided by section 333(2) CPC in a matter heard and determined by a similar court and lacks appellate powers to hear and determine the appeal.
-
COO v Republic (Criminal Appeal E005 of 2022) [2022] KEHC 14329 (KLR) (27 October 2022) (Judgment)
✦ The conviction and sentence are set aside. The life sentence is replaced with a 20-year imprisonment sentence.
-
MG v Republic (Criminal Appeal E051 of 2021) [2022] KEHC 14454 (KLR) (27 October 2022) (Judgment)
✦ The appeal against conviction and sentence fails.
-
Kimani v Njuki (Civil Appeal E559 of 2021) [2022] KEHC 14606 (KLR) (Civ) (27 October 2022) (Ruling)
✦ The court allowed the motion to stay execution of the judgment pending appeal, subject to the Applicant depositing Kshs. 1,500,000 into an interest-earning account in the joint names of the parties' respective advocates.
-
Kenya Alliance Insurance Co. Ltd & another v Kagambo (Civil Appeal E145 of 2022) [2022] KEHC 14519 (KLR) (Civ) (27 October 2022) (Ruling)
✦ The court granted the motion to stay execution of the summary judgment and resultant decree pending the hearing and determination of the appeal, subject to the applicant depositing Kes 500,000 within 30 days of the ruling.
-
Mwambo & another v Mueni & another (Suing as Administrators to the Estate of Josephine Mueni Katuma - Deceased) (Civil Appeal 339 of 2018) [2022] KEHC 14500 (KLR) (Civ) (27 October 2022) (Ruling)
✦ The court orders the release of the Kshs 947,37/- and accrued interest to the advocates on record.
-
Oima v Republic (Criminal Appeal E034 of 2021) [2022] KEHC 14415 (KLR) (27 October 2022) (Judgment)
✦ The conviction and sentence are quashed due to a mistrial caused by the trial magistrate's failure to conduct a voir dire examination on the child's competency. The appellant is ordered to be produced for retrial before any other magistrate.
-
Kurawa Salt Industries Limited v Baya & 12 others & another (Miscellaneous Application 19 of 2022) [2022] KEHC 17270 (KLR) (27 October 2022) (Ruling)
✦ The application is granted, and the appeal is allowed out of time. The judgment of the Hon Chepseba Chief Magistrate is stayed pending the hearing and determination of the appeal.
-
Republic v Baya (Criminal Case 29 of 2015) [2022] KEHC 14675 (KLR) (27 October 2022) (Judgment)
✦ The accused is found guilty of manslaughter
-
FN v PKM (Civil Case 21 of 2019) [2022] KEHC 14504 (KLR) (27 October 2022) (Ruling)
✦ The court ordered a stay of execution of the previous judgment pending the appeal.
-
Tom Ojienda & Associates v Nairobi City County (Judicial Review Miscellaneous Application 51 of 2017) [2022] KEHC 14353 (KLR) (Judicial Review) (27 October 2022) (Ruling)
✦ The taxing master's decision was not based on an error of principle and the costs awarded were not excessive or too low.
-
Achelis Material Handlers Limited v Narok County Government (Civil Case E005 of 2021) [2022] KEHC 14512 (KLR) (27 October 2022) (Ruling)
✦ The court denies the defendant's request for costs and orders that each party bear their own costs.
-
Juma v Republic (Miscellaneous Criminal Application E013 of 2022) [2022] KEHC 14433 (KLR) (27 October 2022) (Ruling)
✦ The application is dismissed as it is devoid of any substance and the applicant can file another application once he gets the proceedings.
-
Republic v Opiyo (Criminal Case 35 of 2018) [2022] KEHC 14449 (KLR) (27 October 2022) (Judgment)
✦ The accused is found guilty of murder.
-
DMG v JWM (Civil Appeal 179 of 2019) [2022] KEHC 14302 (KLR) (27 October 2022) (Judgment)
✦ The appeal is dismissed with costs, as the consent order was the result of negotiations and can only be set aside on grounds of fraud, misrepresentation, mistake, public policy, and like grounds.