Kenyan case law

David Gitonga M’amuru v Republic [2020] KEHC 3478 (KLR)

✦ Affirm the conviction but quash the sentence of life imprisonment and substitute a term of 25 years' imprisonment

Alias Kiamwangi Araya v Republic [2020] KEHC 3480 (KLR)

✦ The conviction on Count II is quashed due to the court's failure to allow the appellant to recall witnesses for cross-examination. The conviction on Count I is affirmed. The sentence is affirmed.

Eddy Nicholas O Orinda P/A One And Associates Advocates v Victoria Commercial Bank Limited [2020] KEHC 3434 (KLR)

✦ The court upheld the taxing master's decision and found that the value of the subject matter for purposes of taxation was Kshs 34,750,188.80.

Nicholas Mukaria Alias Njaati v Republic [2020] KEHC 3431 (KLR)

✦ Affirm the conviction and set aside the mandatory minimum sentence of life imprisonment, substituting a sentence of 25 years' imprisonment

Shadrack Mutuma Kaberia v Republic [2020] KEHC 3476 (KLR)

✦ Affirm the conviction and sentence

David Thuranira M’libua v Republic [2020] KEHC 3486 (KLR)

✦ The conviction and sentence are quashed due to the trial magistrate's error in closing the defence case without the appellant's presence. The appellant shall be re-tried by another magistrate.

Robert Muchungim’naituli & another v Republic [2020] KEHC 3474 (KLR)

✦ The conviction is affirmed, and the sentence is reduced to 5 years' imprisonment without hard labour, to run concurrently.

Josphat Lokwayen v Republic [2020] KEHC 3466 (KLR)

✦ The conviction is affirmed, but the sentence of 20 years' imprisonment is quashed and replaced with a sentence of 15 years' imprisonment.

Eddy Nicholas O Orinda p/a One and Associates Advocates v Victoria Commercial Bank Limited [2020] KEHC 3436 (KLR)

✦ Judgment is entered in favor of the advocate for Kshs 5,839,266

Eddy Nicholas O Orinda P/A One and Associates Advocates v Victoria Commercial Bank Limited [2020] KEHC 3445 (KLR)

✦ The court dismisses the client's reference and enters judgment in favor of the advocate for the taxed costs.

Eddy Nicholas O Orinda P/A One & Associates Advocates v Victoria Commercial Bank Limited [2020] KEHC 3440 (KLR)

✦ The court enters judgment in favor of the advocate for the sum of Kshs. 13,405,127.04 and awards costs plus interest.

Kelvin Gitonga Antony v Republic [2020] KEHC 3479 (KLR)

✦ The conviction is affirmed, but the sentence of 20 years' imprisonment is quashed and substituted with a sentence of 15 years' imprisonment.

Eddy Nicholas O Orinda p/a One and Associates Advocates v Victoria Commercial Bank Limited [2020] KEHC 3451 (KLR)

✦ The Taxing Master erred in principle in pegging the instruction fees on the value of the debenture. The client's reference is allowed, and the Advocate's application for judgment is dismissed.

Josphat Lokwayen v Republic [2020] KEHC 3481 (KLR)

✦ The conviction is affirmed, but the sentence of 20 years' imprisonment is quashed and substituted with a sentence of 12 years' imprisonment.

Boniface Gitonga v Republic [2020] KEHC 3490 (KLR)

✦ The conviction is upheld, but the sentence is reduced from 15 years to 5 years.

Agigreen Consulting Corp Limited v National Irrigation Board [2020] KEHC 3507 (KLR)

✦ The judgment is set aside as it was entered on the basis of an irregular service of Summons.

Longonot Ventures Ltd v Jamii Bora Bank Ltd [2020] KEHC 3381 (KLR)

✦ The court held that the defendant did not breach the contract by failing to disburse funds on time, and the plaintiff did not establish a prima facie case to seek an injunction.

Ronald Nyaga Kiura v Republic (Criminal Appeal 7 of 2019) [2020] KEHC 3495 (KLR) (18 August 2020) (Ruling)

✦ The court denies the application for bail pending appeal.

Mark Kariuki Nthia v Republic [2020] KEHC 3515 (KLR)

✦ The court dismissed the petition as the petitioner's appeals to the High Court and Court of Appeal were dismissed.

In re Estate of Njeru Ngariko (Deceased) [2020] KEHC 3500 (KLR)

Patrick Mwangi Kinyua v Republic [2020] KEHC 3496 (KLR)

✦ The trial proceedings are nullified, and the case will be heard by another magistrate.

Katiba Insitute v President of the Republic of Kenya & 2 others; Judicial Service Commission & 3 others (Interested Parties) (Constitutional Petition 206 of 2020) [2020] KEHC 3475 (KLR) (Civ) (18 August 2020) (Ruling)

✦ The matter is certified to raise a substantial question of law and is referred to the Chief Justice to assign an uneven number of judges.

Republic v Attorney General & another Exparte Mike Maina Kamau [2020] KEHC 10013 (KLR)

✦ The court grants leave to execute the decree before costs are taxed

BMN v Republic [2020] KEHC 3510 (KLR)

✦ The court dismissed the petition as the court of concurrent jurisdiction (the appellate court) had already determined the matter and the petitioner cannot seek to review its decision.

Daniel Wambua Kisilu v Republic [2020] KEHC 3527 (KLR)

✦ The High Court may exercise its revisionary jurisdiction to correct manifest irregularities or illegalities in the lower court proceedings, but not to micro-manage the lower court's conduct.