Kenyan case law

Kyule v Prince Bus Services (Civil Case E134 of 2023) [2025] KEMC 4 (KLR) (28 January 2025) (Judgment)

✦ Judgment for the plaintiff for a total of Kshs. 114,160/= being the special damages pleaded and hence prayed for, with interest and costs.

In re Estate of Mohamed Ali Dida (Deceased) (Succession Cause E001 of 2025) [2025] KEMC 188 (KLR) (27 January 2025) (Judgment)

✦ The estate will be distributed according to Islamic law, with the applicant holding the plots for the benefit of the minor beneficiaries until they reach adulthood. The widow will receive a plot as her matrimonial home.

In re Estate of Waston Kipkemoi Maiywa (Deceased) (Succession Cause 99 of 2015) [2025] KEMC 3 (KLR) (27 January 2025) (Ruling)

Kisangau v Sila (Civil Case 96 of 2015) [2025] KEMC 18 (KLR) (23 January 2025) (Ruling)

✦ The decree is not defective and no rectification is required. The defendant is not allowed to defray the decretal sum by instalments.

Mwende & another ( Suing on their own behalf and as the administrators of the Estate of the Late Tonny Mwenda Kiraithe) v Kiraithe (Civil Suit E005 of 2024) [2025] KEMC 15 (KLR) (22 January 2025) (Ruling)

✦ The ex-parte leave to file suit out of time is upheld, and the suit is not struck out

SMN v JNK (Divorce Cause E002 of 2024) [2025] KEMC 196 (KLR) (22 January 2025) (Judgment)

✦ The court finds that the marriage has irretrievably broken down and dissolves the marriage.

Republic v Lokwawi (Sexual Offence E011 of 2023) [2025] KEMC 2 (KLR) (22 January 2025) (Judgment)

✦ The court found the complainant's testimony to be incredible and dismissed the charges.

Republic v Ali & 2 others (Criminal Case 3 of 2021) [2025] KEMC 1 (KLR) (21 January 2025) (Ruling)

✦ The court found that a prima facie case has been made out by the prosecution to warrant the 2nd and 3rd accused to be put on their defence.

Capital Markets Authority v Citbank NA Kenya Branch (Miscellaneous Case E659 of 2024) [2025] KEMC 215 (KLR) (21 January 2025) (Ruling)

✦ The court grants the orders sought by the Applicant, including a warrant to investigate a bank account and an order compelling the manager of Citibank NA Kenya to nominate an authorized person to produce electronic evidence.

Director of Public Prosecutions v Chiwata (Criminal Case 039 of 2020) [2025] KEMC 13 (KLR) (15 January 2025) (Judgment)

✦ The accused is acquitted of causing grievous harm to the complainant.

Director of Public Prosecutions v Jumapili (Sexual Offence E021 of 2022) [2025] KEMC 14 (KLR) (15 January 2025) (Judgment)

✦ The court dismisses the case against the accused and acquits him.

Republic v M’muguu & 5 others (Criminal Case 182 of 2019) [2025] KEMC 17 (KLR) (14 January 2025) (Judgment)

✦ The prosecution has proven its case beyond reasonable doubt against the 1st and 2nd accused persons in respect of count 5 (robbery). The 1st accused person is found guilty of robbery. The 1st accused person is also found guilty of being in possession of a firearm without a valid firearm certificate. The 3rd accused person is found not guilty of being in possession of a firearm without a valid firearm certificate. The 1st accused person is found guilty of being in possession of ammunition without a valid firearm certificate.

Republic v Njoroge (Criminal Case E2521 of 2024) [2025] KEMC 65 (KLR) (2 January 2025) (Ruling)

✦ The court lacks jurisdiction to order the release of the vehicle and dismisses the application.

Ngeta v Director of Public Prosecutions & another (Criminal Miscellaneous Application E207 & E283 of 2024 (Consolidated)) [2025] KEMC 6 (KLR) (2 January 2025) (Ruling)

✦ The court ordered the release of the motor vehicle, but not the charcoal.