Kenyan case law
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Ndiema v Kiriago & another (Civil Suit 6573 of 2019) [2023] KEMC 213 (KLR) (17 July 2023) (Judgment)
✦ The court finds that the defendants are liable for 95% of the accident, and awards general damages of KES 250,000 and special damages of KES 11,666.
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Director of Public Prosecutions v KDM (Child in conflict with the Law) (Sexual Offence E002 of 2022) [2023] KEMC 284 (KLR) (17 July 2023) (Judgment)
✦ The court finds that the complainant was 11 years old at the time of the incident and there was no penetration into the complainant's anus.
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PKR v AMR (Divorce Cause E1385 of 2022) [2023] KEMC 158 (KLR) (17 July 2023) (Judgment)
✦ The court allows the petition and dissolves the marriage.
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Ombaki t/a Carejo Construction and Development v Delta Construction Limited (Civil Suit E354 of 2021) [2023] KEMC 197 (KLR) (13 July 2023) (Judgment)
✦ The suit is dismissed. No orders on costs. File closed.
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MNK v MMN (Divorce Cause E533 of 2022) [2023] KEMC 244 (KLR) (13 July 2023) (Judgment)
✦ The court dissolved the marriage and issued a decree nisi to be made absolute in 30 days.
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Republic v Karanja & another (Criminal Case 1713 of 2018) [2023] KEMC 17 (KLR) (12 July 2023) (Judgment)
✦ The court finds the prosecution has failed to prove their case to the threshold of beyond reasonable doubt and acquits each accused of the charges.
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In re Mary Nthenya (Deceased) (Civil Suit E206 of 2023) [2023] KEMC 256 (KLR) (12 July 2023) (Judgment)
✦ The court dismisses the plaintiff's suit without merit and directs the question of gift return to be resolved by elders in accordance with Akamba customs.
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RMK v BNW (Divorce Cause E1163 of 2022) [2023] KEMC 206 (KLR) (11 July 2023) (Judgment)
✦ The court dissolved the marriage and issued a decree nisi to be made absolute in 30 days.
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Onsumu (Suing as the Legal Representative of the Estate of the Late James Mbugua Njoroge) v Nyabera & another (Civil Suit E11830 of 2021) [2023] KEMC 207 (KLR) (11 July 2023) (Judgment)
✦ The court declines to award any damages under the Law Reform Act and the Fatal Accidents Act due to the lack of supporting documents.
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Njoroge v Benson & 3 others (Civil Suit 4615 of 2018) [2023] KEMC 153 (KLR) (10 July 2023) (Judgment)
✦ The court finds that liability is apportioned at a ratio of 100% in favor of the plaintiff. The court awards KES 80,000 in general damages and KES 2,640 in special damages.
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EKM v RNM (Divorce Cause E021 of 2023) [2023] KEMC 223 (KLR) (10 July 2023) (Judgment)
✦ The court dissolved the marriage and issued a decree nisi to be made absolute in 30 days.
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MKM v GMK (Divorce Cause E1222 of 2022) [2023] KEMC 163 (KLR) (6 July 2023) (Judgment)
✦ The court dissolved the marriage and issued a decree nisi to be made absolute in 30 days.
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Colfax Holdings Limited v National Land Commission (Environment & Land Petition 003 of 2022) [2023] KEMC 273 (KLR) (5 July 2023) (Ruling)
✦ The instruction fees are taxed at Ksh. 200,000/= and Ksh. 5,401,580/= is taxed off.
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JKM v EMM (Divorce Cause E1332 of 2022) [2023] KEMC 209 (KLR) (5 July 2023) (Judgment)
✦ The court dissolved the marriage and issued a decree nisi to be made absolute in 30 days.
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EWM v GM (Children's Case 022 of 2021) [2023] KEMC 326 (KLR) (4 July 2023) (Judgment)
✦ Legal and actual custody of the minors is awarded to the plaintiff. The defendant is ordered to contribute Ksh. 45,000/= per month for the maintenance of the minor. The defendant is ordered to leave the matrimonial home for the minor to occupy.
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Director of Public Prosecution v Saidi (Criminal Case E110 of 2022) [2023] KEMC 277 (KLR) (4 July 2023) (Ruling)
✦ The court dismissed the charges as the evidence did not establish guilt beyond reasonable doubt and the accused had a valid alibi.
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FHBOT v ZNL (Divorce Cause E1392 of 2021) [2023] KEMC 193 (KLR) (4 July 2023) (Judgment)
✦ The court dissolved the marriage and issued a decree nisi to be made absolute in 30 days.
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Director of Public Prosecution v Munga (Sexual Offence E044 of 2023) [2023] KEMC 281 (KLR) (3 July 2023) (Ruling)
✦ The accused's bond is held in abeyance pending the evidence of the complainant child.
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Republic through DCI v Mackenzie & 29 others (Miscellaneous Criminal Application E077 & 101 of 2023 (Consolidated)) [2023] KEMC 291 (KLR) (3 July 2023) (Ruling)
✦ The respondents in Misc. application No. E101 of 2023 (with the exception of the 7th respondent) shall be detained in custody for a further three days to enable the State put its house in order; the twin applications dated 12/6/2023 are allowed only to the extent that the respondents in both matters (save for the 7th respondent) shall be remanded in Prison custody at Malindi, Kili and Shimo La Tewa GK Prisons at the discretion of the State; the respondents shall be held separately from persons who are serving sentence or convicted persons and in isolation from one another as far as is practicable; the respondents while in custody shall at all times be treated in a humane manner and with respect for their inherent human dignity; the respondents shall be accorded medical examination, treatment and healthcare whenever such need arises.
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JON v DKK (Divorce Cause E770 of 2021) [2023] KEMC 183 (KLR) (3 July 2023) (Judgment)
✦ The court dissolved the marriage and issued a decree nisi to be made absolute in 30 days.
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CKO v GWOM (Divorce Cause E849 of 2022) [2023] KEMC 229 (KLR) (3 July 2023) (Judgment)
✦ The court dissolved the marriage and issued a decree nisi to be made absolute in 30 days.
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FNW v ZMS (Divorce Cause E1132 of 2022) [2023] KEMC 160 (KLR) (3 July 2023) (Judgment)
✦ The court dissolved the marriage and issued a decree nisi to be made absolute in 30 days.
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SMK v OSO (Divorce Cause E1057 of 2022) [2023] KEMC 231 (KLR) (27 June 2023) (Judgment)
✦ The court allows the petition and dissolves the marriage.
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Republic v Nyagah (Sexual Offence 27 of 2020) [2023] KEMC 151 (KLR) (27 June 2023) (Judgment)
✦ The accused is found guilty of delement of a minor aged 15 years 1 month old and is sentenced to imprisonment for a term not exceeding three years. The accused is also found guilty of abuse of position of authority and is sentenced to imprisonment for a term of not less than ten years.
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DMN v EOI (Divorce Cause E1527 of 2022) [2023] KEMC 191 (KLR) (26 June 2023) (Judgment)
✦ The marriage is dissolved, and a decree nisi is made absolute in 30 days. The parties are directed to file a separate suit for matrimonial property.