Kenyan case law
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Warui v Direct Assurance Company Limited (Civil Suit E020 of 2023) [2024] KEMC 184 (KLR) (28 February 2024) (Ruling)
✦ The court will not strike out the defendant's defence as there is a triable issue. The application is dismissed.
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Munene v Mungania & 4 others (Environment & Land Case 81 of 2018) [2024] KEMC 100 (KLR) (13 February 2024) (Ruling)
✦ The inhibition order should be vacated, and the objection by the plaintiff/respondent is dismissed with costs.
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In re Estate of M'Ringera Nchebere (Deceased) (Succession Cause 161 of 2022) [2024] KEMC 89 (KLR) (12 February 2024) (Ruling)
✦ The grant of administration is revoked due to concealment and fraud
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Republic v Gituma & 2 others; PM (A Minor) (Subject) (Criminal Case E115 of 2020) [2024] KEMC 124 (KLR) (30 January 2024) (Judgment)
✦ The court found that the accused did not have a positive intention to kill and thus did not commit attempted murder.
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Ruo v Joint Commercial Agencies Ltd & 2 others (Environment & Land Case E181 of 2023) [2024] KEMC 65 (KLR) (30 January 2024) (Ruling)
✦ The preliminary objection is disallowed as the issues require proof by way of evidence which cannot be adduced by a preliminary objection.
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Muutu & another v Muutu & another (Environment & Land Case 65 of 2020) [2024] KEMC 8 (KLR) (29 January 2024) (Judgment)
✦ A customary trust is an overriding interest in registered land, and proof of actual possession and occupation is not a necessary ingredient. The Plaintiffs must prove that the land was before registration a family land, they belong to the family, the relationship is not remote, they could have been registered as owners, and the claim is against the registered proprietor who is a member of the family.
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In re Estate of Justus Buuri (Deceased) (Succession Cause 111 of 2019) [2024] KEMC 90 (KLR) (26 January 2024) (Judgment)
✦ The court finds that there was no written will admissible in law for the purposes of the succession of the estate. The deceased's wishes were expressed orally and openly, and the court upholds the objection by Martin Kabori Buuri, ordering the estate to be distributed as per the deceased's wishes.
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Republic v Wafula (Criminal Case E014 of 2024) [2024] KEMC 144 (KLR) (23 January 2024) (Sentence)
✦ The accused is convicted of Leaving Articles Upon Public Passage and sentenced to community service.
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Republic v Kilonzo (Criminal Case E013 of 2024) [2024] KEMC 143 (KLR) (23 January 2024) (Sentence)
✦ The accused is convicted of Leaving Articles Upon Public Passage contrary to By-Law 18(1) of the Municipal Council of Nakuru (General Nuisance) By-Laws 2004 and punishable under section 24(1) of the same By-Laws.
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Kenya Society for the Protection and Care of Animals v Mukhwana (Civil Suit E035 of 2022) [2024] KEMC 179 (KLR) (18 January 2024) (Judgment)
✦ The Plaintiff's claim does not succeed, and the Defendant's counterclaim for return of seized animals is granted.
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Director of Public Prosecutions v SOO (Criminal Case E062 of 2021) [2024] KEMC 67 (KLR) (15 January 2024) (Judgment)
✦ The court held that the results of the per vaginum test (two finger test) could be relied upon when done on the prosecution's own volition. The absence of lacerations, bruises, or injuries did not negate a charge of rape or defilement.
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Kathurima v Mburugu (Civil Case E004 of 2022) [2024] KEMC 128 (KLR) (15 January 2024) (Ruling)
✦ The Court dismisses the Defendant/Applicant's objection to taxation and finds merit in the Grounds of Opposition dated December 7, 2023.
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Director of Public Prosecutions v Watakila (Criminal Case E045 of 2022) [2024] KEMC 73 (KLR) (15 January 2024) (Judgment)
✦ The court finds no corroborated evidence to support the complainant's allegation that the accused assaulted her. The court dismisses the case and acquits the accused.
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Director of Public Prosecutions v Kaingu (Criminal Case E046 of 2022) [2024] KEMC 68 (KLR) (15 January 2024) (Judgment)
✦ The court finds reasonable doubt and dismisses the case against the accused
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Director of Public Prosecutions v F Double O (Criminal Case E019 of 2022) [2024] KEMC 69 (KLR) (15 January 2024) (Judgment)
✦ The court finds that the accused did not cause penetration and that the complainant was not a child at the time of the alleged offense. The case is dismissed and the accused is acquitted.
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JMN v SNM (Divorce Cause E084 of 2020) [2024] KEMC 134 (KLR) (9 January 2024) (Judgment)
✦ The Court will not grant a decree for divorce based on a single act of cruelty, but will consider the evidence of the conduct complained of.
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Director of Public Prosecution v Mwamzuzu aka Zecha (Sexual Offence E003 of 2023) [2024] KEMC 72 (KLR) (9 January 2024) (Judgment)
✦ The accused is found guilty of attempted delement.
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PMM v RENM (Divorce Cause 112 of 2022) [2024] KEMC 152 (KLR) (4 January 2024) (Judgment)
✦ The Court presumes marriage between the Petitioner and Respondent and grants the Petitioner a divorce.
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Director of Public Prosecutions v Guto (Sexual Offence E003 of 2021) [2023] KEMC 287 (KLR) (29 December 2023) (Judgment)
✦ The court dismisses the case against the accused and acquits him.
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Director of Public Prosecution v Kithome (Criminal Case E299 of 2021) [2023] KEMC 276 (KLR) (29 December 2023) (Judgment)
✦ The accused is found guilty of causing grievous harm to Wambua Kithome.
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Director of Public Prosecution v Mwakunona (Sexual Offence E053 of 2021) [2023] KEMC 282 (KLR) (29 December 2023) (Judgment)
✦ The court dismisses the case against the accused and acquits him
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Director of Public Prosecution v Kilonzo (Sexual Offence E035 of 2021) [2023] KEMC 280 (KLR) (29 December 2023) (Judgment)
✦ The court dismisses the case against the accused and acquits him
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Director of Public Prosecutions v Kamande (Criminal Case E031 of 2021) [2023] KEMC 263 (KLR) (29 December 2023) (Judgment)
✦ The court dismisses the case against the accused and acquits him.
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Director of Public Prosecutions v Mwandanda alias Mwaboza (Criminal Case 091 of 2019) [2023] KEMC 265 (KLR) (29 December 2023) (Judgment)
✦ The accused is found guilty of delement and declared a dangerous sexual offender.
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In re Estate of M’rutere M’kirea (Deceased) (Succession Cause 130 of 2021) [2023] KEMC 298 (KLR) (18 December 2023) (Judgment)
✦ The remaining 2 1/2 acres will be shared equally among the 13 units (4 units for the 1st house and 9 units for the 2nd house).