Kenyan case law

Republic v Wainaina (Traffic Case E237 of 2025) [2025] KEMC 23 (KLR) (11 February 2025) (Sentence)

✦ The accused is sentenced to a fine of Kshs. 1,500/= in default to serve 8 days imprisonment for the first count and the third count is discharged under section 35(1) of the Penal Code.

Republic v JO (Traffic Case E1899 of 2024) [2025] KEMC 25 (KLR) (11 February 2025) (Ruling)

✦ The court finds the accused to be of unsound mind and postpones the trial, ordering a pre-bail report.

Republic v Mwangi (Traffic Case E240 of 2025) [2025] KEMC 28 (KLR) (11 February 2025) (Ruling)

✦ The second charge is dismissed due to a legal error. The accused is sentenced to a fine of Kshs. 1,500/= and 8 days imprisonment for the first and fourth charges. The third charge is discharged.

Republic v Kamau (Traffic Case E238 of 2025) [2025] KEMC 29 (KLR) (11 February 2025) (Sentence)

✦ The accused is sentenced to a fine of Kshs. 1,500 in default and 8 days imprisonment for the first count. The second count is discharged. The third count is discharged under section 35(1) of the Penal Code.

Republic v Kimani (Traffic Case E220 of 2025) [2025] KEMC 9 (KLR) (6 February 2025) (Sentence)

✦ The accused is sentenced to a fine of Kshs. 30,000 and 8 months imprisonment, with a 12-month disqualification from holding a license.

Republic v Kiiru (Traffic Case E216 of 2025) [2025] KEMC 8 (KLR) (6 February 2025) (Sentence)

✦ The accused is sentenced to a fine of Kshs. 30,000/= and 8 months imprisonment, with a 12-month license disqualification.

Republic v Mungai (Traffic Case Number E221 of 2025) [2025] KEMC 7 (KLR) (6 February 2025) (Ruling)

✦ The accused is found guilty of driving a motor vehicle on a public road under the influence of alcohol, and is sentenced to a fine of Kshs. 30,000 and 8 months imprisonment. He is also disqualified from holding or obtaining a license for 12 months.

Republic v Mulu (Sexual Offence 2 of 2020) [2025] KEMC 12 (KLR) (6 February 2025) (Ruling)

✦ The appeal against conviction is dismissed, the appeal against sentence is upheld, and the accused is ordered to be escorted to a mental health facility for treatment.

VAL & another v JL & another; Kiptogom (Plaintiff to the Counterclaim); Lemarleni (Defendant to the Counterclaim) (Environment & Land Case E001 of 2023) [2025] KEMC 11 (KLR) (6 February 2025) (Judgment)

✦ The sale agreement was valid and the subject plot was not matrimonial property.

Ombati v Kariuki & another (Civil Case E486 of 2022) [2025] KEMC 5 (KLR) (6 February 2025) (Judgment)

✦ The court awards general damages of KES 1,120,000/- and special damages of KES 9,600/- to the plaintiff, totaling KES 1,129,600/-

Okumu v Coulson (Employment and Labour Relations Cause 187 of 2022) [2025] KEMC 62 (KLR) (4 February 2025) (Ruling)

✦ The court finds the decision to file the case in Nakuru CM's court not justifiable and directs the claimant to move the case to the ELRC via an application to have the suit transferred to Naivasha at his own costs.

Republic v BNK (Sexual Offence E009 of 2024) [2025] KEMC 16 (KLR) (30 January 2025) (Judgment)

✦ The accused is found guilty of incest on both counts and is convicted under S.215 Criminal Procedure Code.

CML v BSK (Divorce Cause E006 of 2024) [2025] KEMC 10 (KLR) (30 January 2025) (Judgment)

✦ Both the petition and cross-petition are dismissed as they are prematurely presented to the court due to the lack of the statutory minimum maturity period for the presentation of the petition.

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.

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.

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

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.

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.

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.

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.

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.