Kenyan case law
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Kiarie v Kariuki (Civil Suit 861 of 2019) [2024] KEMC 164 (KLR) (5 September 2024) (Judgment)
✦ The court awards Kshs. 1,700,000/= for pain and suffering, Kshs. 900,000/= for loss of earning and earning capacity, and Kshs. 100,000/= for future medical expenses.
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Kimani v Board of Management General Mulinge High School (Employment and Labour Relations Cause E039 of 2021) [2024] KEMC 40 (KLR) (3 September 2024) (Judgment)
✦ The Claim is dismissed with costs to the Respondent.
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Republic v Njoroge (Sexual Offence E093 of 2021) [2024] KEMC 130 (KLR) (3 September 2024) (Judgment)
✦ The court finds that the evidence corroborates the complainant's testimony and delement was proved beyond reasonable doubt.
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Cherusei v Wakinama Limited & another (Civil Suit 1244 of 2019) [2024] KEMC 153 (KLR) (3 September 2024) (Judgment)
✦ The court awards general damages of Kshs. 200,000 and special damages of Kshs. 8,065, subject to a 15% contribution on liability. The plaintiff is also awarded costs of the suit.
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Republic v Kenda alias Samuel alias Manu (Criminal Case E792 of 2024) [2024] KEMC 169 (KLR) (3 September 2024) (Ruling)
✦ The court finds the probation officer's report inconclusive regarding the accused's previous incarceration and summons the officer to elaborate.
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Mwaka v Karua & another (Civil Case E261 of 2022) [2024] KEMC 29 (KLR) (3 September 2024) (Judgment)
✦ The court finds the defendants 50% liable and awards the plaintiff general damages, special damages, costs, and interest.
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Republic v Wamuyu (Sexual Offence E093 of 2022) [2024] KEMC 172 (KLR) (3 September 2024) (Ruling)
✦ The court found no evidence to support penetration and thus did not find the prosecution to have proved delement beyond reasonable doubt. The court also found insufficient evidence to prove the alternative charge of indecent act.
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Mutura & another (Suing as the Administrators of the Estate of Samwel Kiarie Njuguna aka Samuel Kiarie Njuguna - Deceased) v Nyariki aka Andrew Nyariki Isoe (Civil Case E340 of 2022) [2024] KEMC 163 (KLR) (3 September 2024) (Judgment)
✦ The court awards Kshs. 9,000,000/= as general damages and Kshs. 122,550/= as special damages, subject to the plaintiffs' 25% contribution.
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In re JM & OM (Minors) (Children's Case E009 of 2024) [2024] KEMC 185 (KLR) (21 August 2024) (Judgment)
✦ The court grants joint legal custody to both parties and actual and physical custody, care, and control of the minors to NM.
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Ilahalwa v Coast Motorcycles & another (Civil Case E010 of 2024) [2024] KEMC 182 (KLR) (14 August 2024) (Judgment)
✦ The 2nd defendant is liable for the accident at 100% jointly and severally. The defendants are jointly and severally liable.
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Ndivo v Bashy African Credit Limited & another (Civil Case E210 of 2024) [2024] KEMC 38 (KLR) (12 August 2024) (Ruling)
✦ The Court declares the seizure illegal and void, orders the Respondents to release the motor vehicles, and directs that the costs be borne by the 1st Respondent.
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Kyalo v Kandia Fresh Produce Limited (Civil Case E248 of 2023) [2024] KEMC 19 (KLR) (12 August 2024) (Ruling)
✦ This Court strikes this suit out in its entirety.
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Republic v Kyalo (Sexual Offence E058 of 2022) [2024] KEMC 24 (KLR) (8 August 2024) (Judgment)
✦ The Accused is found guilty of delement contrary to section 8(1) read with section 8(3) of the Sexual Offences Act and convicted under section 215 of the Criminal Procedure Code.
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Mutua t/a Eastern Kenya Auctioneers & another v Nzioki (Civil Miscellaneous Application E023 of 2024) [2024] KEMC 26 (KLR) (8 August 2024) (Ruling)
✦ The court finds the application without merit and dismisses it.
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Republic v Mbutha alias Teresia Wanjiku Gitau & 3 others (Criminal Case 364 of 2018) [2024] KEMC 176 (KLR) (7 August 2024) (Judgment)
✦ The accused persons are found guilty of conspiracy to defraud, personation, and obtaining money by false pretense.
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Kioko v Musembi (Environment & Land Case E076 of 2022) [2024] KEMC 31 (KLR) (5 August 2024) (Judgment)
✦ Specific performance is not available, and the court orders refund and eviction.
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Mwangi v Muhuhi & another (Civil Suit E9 of 2024) [2024] KEMC 141 (KLR) (30 July 2024) (Ruling)
✦ An order of temporary injunction is granted.
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Republic v Andrew (Criminal Case E194 of 2024) [2024] KEMC 21 (KLR) (30 July 2024) (Sentence)
✦ The Court sentences the Accused to serve a term of imprisonment of 10 years.
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Republic v Muindi (Sexual Offence 29 of 2020) [2024] KEMC 43 (KLR) (29 July 2024) (Judgment)
✦ The Accused is found guilty of delement contrary to section 8(1) of the Sexual Offences Act.
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In re Estate of Stanley M'Muthamia Mbogori (Deceased) (Succession Cause 048 of 2022) [2024] KEMC 118 (KLR) (29 July 2024) (Judgment)
✦ The court finds that land parcels 1226 and 1231 should be shared out as follows: 1226 to Edward Kirimi, and 1231 to Stanley M'Muthamia, the wives, and daughters.
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Mwanirua & 2 others (Suing as the Officials of Kieni Kithomo Community Based Organization) v Charles & 2 others (Civil Suit E011 of 2023) [2024] KEMC 125 (KLR) (29 July 2024) (Judgment)
✦ Judgment is entered in the following terms: refund of Kshs 264, 205/=, special damages Kshs 122, 640/=, general damages for breach of duciary duties and loss of use of the stolen monies Kshs 100, 000/=, costs of the suit, and interest at 14% from the date of ling the suit till payment in full.
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In re Estate of Samuel Marete M'Mukungu (Deceased) (Succession Cause 166 of 2021) [2024] KEMC 102 (KLR) (26 July 2024) (Judgment)
✦ The court shares the properties and monies equally among the surviving children and daughters, with some properties being inherited by the widow and others by the deceased's sons.
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Ngesa v Gaceri (Environment & Land Case E034 of 2021) [2024] KEMC 97 (KLR) (26 July 2024) (Judgment)
✦ The court partially allows the plaintiff's claim, allowing refund of Kshs 300,000 with interest, but declining the rest of the claims.
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Gatekia & 3 others (Suing as the Legal Representative and Administrators of the Estate of Silas Gatekia M'Mwitari (Deceased)) v M'Mwitari (Environment & Land Case 14 of 2017) [2024] KEMC 120 (KLR) (26 July 2024) (Ruling)
✦ The court orders the Lands Registrar to dispense with the production of the original title deed and other documents to facilitate the transfer of land to the plaintiffs.
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Nyambura v Kimotho (Civil Case E182 of 2021) [2024] KEMC 86 (KLR) (25 July 2024) (Judgment)
✦ The defendant is the undisputed owner of the property and the plaintiff is ordered to vacate within 90 days.