Kenyan case law
-
Okoth v Oulo (Civil Appeal E3 of 2020) [2022] KEHC 14462 (KLR) (27 October 2022) (Judgment)
✦ The appeal is partially successful. The judgment and decree of the Hon RK Langat dated and delivered on October 8, 2020 is hereby set aside to the extent of the general damages awarded.
-
JNN (Suing As Next Friend of ‘RWN’, A Minor) v Butt & another (Civil Case E007 of 2021) [2022] KEHC 14638 (KLR) (27 October 2022) (Ruling)
✦ The court grants the application and extends the time for filing the suit by 14 days
-
Oyach & another v Otieno (Suing as the Administrator and Legal Representative of the estate of Joyce Anyango Ojunga (Civil Appeal E082 of 2021) [2022] KEHC 14316 (KLR) (27 October 2022) (Judgment)
✦ The record of appeal is incomplete and thus incompetent.
-
SMK v GWM (Civil Case 78(OS) of 2014) [2022] KEHC 14497 (KLR) (Family) (27 October 2022) (Ruling)
✦ The court held that there was no marriage between the parties and that the property in question was not matrimonial property.
-
Mwiti v Bank of Baroda (Civil Case E029 of 2021) [2022] KEHC 14636 (KLR) (27 October 2022) (Ruling)
✦ The amendment is allowed as it does not cause injustice to the respondent.
-
Directline Assurance Co. Ltd v Ogalle & 2 others (Civil Appeal 154 of 2022) [2022] KEHC 14630 (KLR) (Civ) (27 October 2022) (Ruling)
✦ The court granted a conditional temporary stay of execution upon depositing a sum of Kshs 1,000,000/= and ordered that Kshs 1,292,942/= be released to the 1st respondent and Kshs 704,893 be deemed to be full satisfaction of the decree.
-
Kairanya v Kairanya & another; Kairanya Investment Limited (Affected Party) (Civil Suit E007 of 2021) [2022] KEHC 14572 (KLR) (27 October 2022) (Ruling)
✦ The application for review is dismissed with costs to the plaintiff.
-
Obadiah v Republic of Kenya (Miscellaneous Criminal Application E110 of 2022) [2022] KEHC 14381 (KLR) (Crim) (27 October 2022) (Ruling)
✦ The application for bail is denied due to the applicant's likelihood of absconding if released on bail.
-
Finezza Capital Holdings Limited v Solomon (Civil Appeal E582 of 2021) [2022] KEHC 14611 (KLR) (Civ) (27 October 2022) (Ruling)
✦ The court grants the motion for leave to appeal out of time and orders the appeal to be filed within 14 days of this ruling.
-
JMM v Republic (Criminal Appeal E053 of 2021) [2022] KEHC 14695 (KLR) (27 October 2022) (Judgment)
✦ The Appeal lacks merit and is dismissed.
-
Oyach & another v Otieno (Civil Appeal E081 of 2021) [2022] KEHC 14457 (KLR) (27 October 2022) (Judgment)
✦ The appeal is dismissed.
-
Kiiru v Muiruri (Civil Appeal 159 of 2019) [2022] KEHC 14340 (KLR) (Civ) (27 October 2022) (Judgment)
✦ The court sets aside the trial magistrate's award of Kshs 600,000 as general damages and enhances it to Kshs 1,000,000. The court also awards Kshs 140,000 for future medical costs.
-
MG v Republic (Criminal Appeal E051 of 2021) [2022] KEHC 14454 (KLR) (27 October 2022) (Judgment)
✦ The appeal against conviction and sentence fails.
-
Kiogora & another v Mbura (Civil Appeal E060 of 2021) [2022] KEHC 14501 (KLR) (27 October 2022) (Ruling)
✦ The appeal is dismissed with orders for the respondent to file and serve the record of appeal within 30 days from the date of the ruling.
-
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.
-
Republic v Momanyi (Anti-Corruption and Economic Crimes Appeal E019 of 2021) [2022] KEHC 14484 (KLR) (Anti-Corruption and Economic Crimes) (27 October 2022) (Judgment)
✦ Appeal dismissed, sentence upheld
-
Kimani v Kabao & another (Civil Appeal E021 of 2020) [2022] KEHC 14301 (KLR) (27 October 2022) (Judgment)
✦ The Respondent is 100% liable for the accident, and the Appellant is not liable for any part of the accident.
-
Republic v Kioko (Criminal Case 10 of 2017) [2022] KEHC 14669 (KLR) (27 October 2022) (Ruling)
✦ The court found the prosecution proved a prima facie case and placed the accused on her defense.
-
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.
-
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.
-
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.
-
Owino v Republic (Miscellaneous Criminal Application E097 of 2021) [2022] KEHC 14581 (KLR) (27 October 2022) (Ruling)
✦ The application is dismissed for non-compliance with court orders and for want of substance.
-
Lumumba v Republic (Miscellaneous Criminal Application E012 of 2022) [2022] KEHC 14584 (KLR) (27 October 2022) (Ruling)
✦ The court grants the applicant leave to appeal out of time, with the condition that an appeal must be filed within 14 days or the leave will lapse.
-
Ojwang v Owino (Civil Appeal 9 of 2022) [2022] KEHC 14383 (KLR) (27 October 2022) (Ruling)
✦ The application is reinstated, and the applicant is ordered to serve the application upon the respondent within three days, and the respondent to file and serve a response within seven days.
-
Narmada Builders v Mutua (Civil Appeal 378 of 2017) [2022] KEHC 14608 (KLR) (Civ) (27 October 2022) (Ruling)
✦ The court ordered the release of the security deposit and the refund of the decretal amount to Britam General Insurance Co. (Kenya) Limited.