Kenyan case law

Wambua v Mutiso (Civil Case 171 of 2015) [2025] KEMC 63 (KLR) (14 April 2025) (Ruling)

✦ The application is dismissed with costs to the Decree-holder. The Judgment-debtor is ordered to settle the balance of the decretal sum.

Attorney General (On Behalf of the Ministry of Information Communication and Technology) v Mashline Agencies (K) Limited (Civil Case 69 of 2018) [2025] KEMC 66 (KLR) (14 April 2025) (Judgment)

✦ The court dismissed the claim for general damages and awarded special damages of Ksh. 2,723,292 to the plaintiff.

Republic v Areman & another (Criminal Case E350 of 2024) [2025] KEMC 78 (KLR) (9 April 2025) (Judgment)

✦ The accused are guilty of common assault and are convicted accordingly under section 215 of the CPC as read with section 179 CPC.

Republic v Lepirkine (Criminal Case E006 of 2025) [2025] KEMC 80 (KLR) (9 April 2025) (Judgment)

✦ The accused is found guilty of threatening to kill his wife and is convicted under section 223(1) of the Penal Code.

Republic v Saidimu (Criminal Case E008 of 2024) [2025] KEMC 81 (KLR) (7 April 2025) (Judgment)

✦ The court found that the accused used actual violence during the robbery and that the identity of the accused was established.

Nyoka v Lonza & another (Environment & Land Case E036 of 2021) [2025] KEMC 56 (KLR) (4 April 2025) (Judgment)

✦ The court grants a permanent injunction restraining the 1st defendant from entering, encroaching, constructing, or dealing with the plaintiff's plot.

Republic v Chumba (Criminal Case E2820 of 2024) [2025] KEMC 55 (KLR) (3 April 2025) (Ruling)

✦ The court maintains the surety bond terms of Kshs. 30,000/- with a surety of a similar amount as the accused is a flight risk and cash bail is deemed inappropriate and risky in the circumstances.

Republic v Wainaina (Criminal Case E2985 of 2022) [2025] KEMC 54 (KLR) (3 April 2025) (Judgment)

✦ The court finds that the prosecution has not proven the accused's guilt beyond reasonable doubt and thus the conviction is quashed.

Republic v Lenaitukuto (Criminal Case E043 of 2025) [2025] KEMC 53 (KLR) (1 April 2025) (Ruling)

✦ The court found that the prosecution has not established a prima facie case and thus the accused is not required to make a defence.

Republic v Wanjohi (Criminal Case E057 of 2025) [2025] KEMC 52 (KLR) (1 April 2025) (Ruling)

✦ The accused should not be granted bail due to the real likelihood of reoffending with other fugitives who are still at large.

African Inland Church Kenya Trustees Registered v Nzomo (Environment & Land Case 33 of 2018) [2025] KEMC 60 (KLR) (27 March 2025) (Ruling)

✦ The application is dismissed with costs to the plaintiff.

Gichuhi v Gathege (Civil Case E345 of 2022) [2025] KEMC 47 (KLR) (27 March 2025) (Ruling)

✦ The court directs that the defendant be served with a mention date to confirm whether he was served with the notice or not.

Njoroge & 2 others (All Suing as the Legal and Personal Representative of the Estate of Antony Njoroge Kuria - Deceased) v Mosigari (Environment & Land Case E021 of 2025) [2025] KEMC 45 (KLR) (27 March 2025) (Ruling)

✦ The court grants an order of temporary injunction restraining the defendant from interfering with the suit land. The prayer for an order of eviction is declined at this interlocutory stage.

Wanjiku (Suing as the Administrator and Personal Representative of the Estate of Gladys Mwende Kahuthia - Deceased) v Buscar EA Limited (Civil Case 167 of 2018) [2025] KEMC 61 (KLR) (27 March 2025) (Judgment)

✦ The court found that the defendant was negligent and that the doctrine of Res ipsa loquitor applies. Interest on damages should be awarded from the date of judgment.

Kimani (Suing as Legal Representative of the Estate of Mumbi Njuru (Deceased)) v Amara (Environment & Land Case E211 of 2024) [2025] KEMC 48 (KLR) (27 March 2025) (Ruling)

✦ The court grants an order of temporary injunction restraining the defendant from cultivating, transferring, leasing, charging, and alienating the suit land pending the hearing and determination of the main suit.

Republic v Ochieng & another; Mbago (Applicant) (Criminal Case E926 of 2024) [2025] KEMC 57 (KLR) (25 March 2025) (Ruling)

✦ The court granted a release order for the motor vehicle, but with conditions.

Musili & another (Suing as legal representatives of the Estate of the Late MacDonald Maithya John - Deceased)) v Khalifa & another (Civil Case E001 of 2021) [2025] KEMC 58 (KLR) (24 March 2025) (Judgment)

✦ The court found that an accident occurred on 18/11/2019 involving motor vehicle registration number KCB 724T. The defendants were found to be the owners of the vehicle at the material time. The deceased was a passenger in the vehicle at the time of the accident. The court found the defendants liable for the accident.

Muiruri v Mwilu & another (Civil Case E046 of 2022) [2025] KEMC 59 (KLR) (24 March 2025) (Judgment)

✦ The plainti is entitled to damages for pain, suffering, and loss of amenities, with a quantum of Ksh. 1,000,000/=.

In re Estate of Joseph Muchiri Kagwe (Deceased) (Succession Cause 216 of 2016) [2025] KEMC 121 (KLR) (21 March 2025) (Ruling)

✦ The application is dismissed with no order as to costs as there is no evidence to support the inclusion of the alias name of the deceased.

Nzuki v Kamwanza & 2 others (Civil Case E057 of 2025) [2025] KEMC 44 (KLR) (17 March 2025) (Judgment)

✦ The court held that the marriage between the plaintiff and the deceased was not dissolved prior to the demise of the deceased, and the plaintiff has the right to bury the deceased at their matrimonial home.

Kamau & another (Suing as the Legal Representatives of the Estate) v Kenya Power & Lighting Company Limited (Civil Suit E420 of 2023) [2025] KEMC 250 (KLR) (13 March 2025) (Judgment)

Kamau & another (Suing as the Legal Representatives of the Estate of Dorcas Njoki Chege (Deceased)) v Kenya Power & Lighting Company Limited (Civil Suit E420 of 2023) [2025] KEMC 34 (KLR) (13 March 2025) (Judgment)

Republic v Maina & another (Criminal Case E1183 of 2023) [2025] KEMC 37 (KLR) (13 March 2025) (Ruling)

✦ The court denies the application for recusal and finds no reasonable ground for assuming the possibility of bias.

Republic v Mwania & another (Criminal Case E487 of 2023) [2025] KEMC 43 (KLR) (13 March 2025) (Judgment)

✦ The prosecution has failed to prove its case against the accused persons beyond reasonable doubt, and both accused persons are found Not Guilty of the offence of Dealing in wildlife trophy without a permit or other lawful exemption.

Kamau & another (Suing as the Legal Representatives of the Estate of Dorcas Njoki Chege (Deceased)) v Kenya Power & Lighting Company Limited (Civil Suit E420 of 2023) [2025] KEMC 39 (KLR) (13 March 2025) (Judgment)

✦ The court held that the defendant is liable for negligence for causing the deceased’s death.