Kenyan case law
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Baringo United Company Limited v Bina Wholesalers & 2 others (Environment & Land Case E196 of 2021) [2024] KEMC 133 (KLR) (25 July 2024) (Judgment)
✦ The termination notices were valid and the Defendants are found to be trespassers.
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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.
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Republic v Sifa & another (Criminal Case E006 of 2024) [2024] KEMC 129 (KLR) (19 July 2024) (Judgment)
✦ The court held that the accused did not obtain credit by false pretenses as the false pretense alleged was a promise to do something in the future, which was not clear.
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IMM v PNR (Divorce Cause E363 of 2022) [2024] KEMC 16 (KLR) (19 July 2024) (Judgment)
✦ The court allows the petition dated 28th February 2022, dissolving the marriage between the parties.
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Wambui v Maina Wang’Ombe t/a Salvage Services Ltd (Civil Suit E338 of 2021) [2024] KEMC 145 (KLR) (18 July 2024) (Ruling)
✦ The respondent cannot be sued in his own name. The claimant's Statement of Claim is struck out with costs to the respondent.
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Ruo v Point A Commercial Agencies Limited & 2 others (Environment & Land Case E181 of 2023) [2024] KEMC 146 (KLR) (18 July 2024) (Ruling)
✦ The court dismisses the application and awards costs to the 3rd Defendant.
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In re Estate of Njoroge Kimani (Deceased) (Succession Cause E947 of 2021) [2024] KEMC 173 (KLR) (18 July 2024) (Ruling)
✦ The court finds that the respondent was not the deceased's wife and revokes the grant of representation.
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Bashir v CIC General Insurance Limited (Civil Case E270 of 2023) [2024] KEMC 30 (KLR) (17 July 2024) (Judgment)
✦ The court finds the plaintiff's claim without merit and dismisses it with costs to the defendant.
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Ndung’u v Geoffrey Kagwanja t/a Hotel Patron (Employment and Labour Relations Cause E072 of 2021) [2024] KEMC 131 (KLR) (16 July 2024) (Ruling)
✦ The application is dismissed for want of merit.
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Kinyanjui v Modern Ways Limited (Civil Suit E052 of 2024) [2024] KEMC 155 (KLR) (16 July 2024) (Ruling)
✦ The court finds that the plaintiff's claim is statute barred under the Limitation of Actions Act, and the preliminary objection is meritorious.
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Eregay v ARN Security & Training Services Ltd; Sun Express Limited (Objector) (Employment and Labour Relations Cause 33 of 2020) [2024] KEMC 132 (KLR) (11 July 2024) (Ruling)
✦ The application is allowed as the failure to include the log books in the original application amounts to a mistake apparent on the face of the records, and there are sufficient reasons to review the orders.
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Makori v Bikundo (Civil Case E881 of 2021) [2024] KEMC 139 (KLR) (11 July 2024) (Judgment)
✦ The plaintiff is entitled to special and general damages for the injuries sustained in the accident.
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Mwangi (Suing as the Legal Representative of the Estate of MWM - Deceased) v Chege (Civil Suit E080 of 2022) [2024] KEMC 165 (KLR) (11 July 2024) (Judgment)
✦ The Defendant is found liable for the death of the Plaintiff's daughter, Milkah Wairimu Mwangi, and is ordered to pay damages.
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Munywoki v Kaloki & another (Civil Miscellaneous Application 23 of 2008) [2024] KEMC 27 (KLR) (10 July 2024) (Ruling)
✦ The Application is dismissed with costs to the Respondents.
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ZN (Suing as mother and next friend of the Minors) v FB (Children's Case 266 of 2019) [2024] KEMC 79 (KLR) (9 July 2024) (Ruling)
✦ The court held that the res judicata doctrine was inapplicable and that the children should remain in their mother's custody with the father having unlimited but reasonable access to them.
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In re Estate of Muronga M'Mungania (Succession Cause E048 of 2023) [2024] KEMC 94 (KLR) (5 July 2024) (Ruling)
✦ The court finds that the applicant was aware of the existence of the suit and opted to have his wife and brother attend court for the confirmation although they declined to make any comments in court. The court also finds that the applicant did not provide evidence to support the claim of a lifetime distribution of the estate.
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Republic v Irungu (Criminal Case 3805 of 2021) [2024] KEMC 168 (KLR) (4 July 2024) (Judgment)
✦ The court found insufficient evidence to support the charges of Cultivating Prohibited Plants and Possession of Narcotic Drugs.
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Mwangi v Kimani (Civil Case E091 of 2022) [2024] KEMC 137 (KLR) (4 July 2024) (Ruling)
✦ The court granted a stay of execution pending the hearing and determination of the appeal and ordered the plaintiff to provide security for the entire decretal sum in the form of a Bank Guarantee.
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Benard Muriuki Gaturuku t/a Bensure Auctioneers v Vision Afrika Sacco Limited (Miscellaneous Civil Application 310 of 2022) [2024] KEMC 55 (KLR) (4 July 2024) (Ruling)
✦ The sale was not stayed, and the auctioneer's fees were assessed based on the value of the proclaimed land, resulting in a total of Kshs. 71,920/=. The applicant is entitled to half of the costs.
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Republic v Muturi & 2 others (Criminal Case E2063 of 2023) [2024] KEMC 138 (KLR) (4 July 2024) (Ruling)
✦ The court adopted the diversion agreement and allowed the prosecution to withdraw from the charge against the 3rd Accused.
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Njeri (Suing as the Legal Representative and Administrator of the Estate of David Kihenjo Jospine (Deceased)) v Britken Hawliers Limited (Civil Case E924 of 2022) [2024] KEMC 158 (KLR) (2 July 2024) (Judgment)
✦ The court awards Kshs. 1,158,552/= for loss of dependency under the Fatal Accidents Act, Kshs. 20,000/= for pain and suffering, and Kshs. 170,000/= for loss of life expectancy under the Law Reform Act. The plaintiff is entitled to a net sum of Kshs. 579,276/=.
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Republic v Wanjiru (Criminal Case E3801 of 2021) [2024] KEMC 151 (KLR) (2 July 2024) (Judgment)
✦ The court dismisses the charges against the accused and acquits her
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Mungania v Mbogori & another (Environment & Land Case E014 of 2021) [2024] KEMC 122 (KLR) (28 June 2024) (Judgment)
✦ The court found that unregistered lease agreements are only contracts between the parties and do not protect against third-party rights. The defendants breached the sale and lease agreements by terminating the lease and dispossessing the plaintiff.
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Mutea & another v M’Nabea (Civil Case E022 of 2023) [2024] KEMC 126 (KLR) (28 June 2024) (Judgment)
✦ Eviction of the defendant and a permanent injunction restraining trespassing are ordered. General damages for breach of contract are dismissed.
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Mugambi v M’Ikiara (Civil Case E008 of 2022) [2024] KEMC 105 (KLR) (28 June 2024) (Judgment)
✦ The sale agreement is void due to the lack of Land Control Board consent, and the plaintiff cannot seek specific performance or refund of the purchase price. The court orders the refund of the purchase price and payment of the penalty clause.