Kenyan case law
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Gitahi v Independent Electoral and Boundaries Commission & another (Election Petition E001 of 2022) [2022] KEMC 16 (KLR) (22 December 2022) (Judgment)
✦ The court declared Kanyi Patrick Wachira validly elected and dismissed the petition with costs awarded to the respondents.
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Kiriinya v Independent Electoral and Boundaries Commission & 2 others (Election Petition E001 of 2022) [2022] KEMC 17 (KLR) (22 December 2022) (Ruling)
✦ The petition is struck out with costs to the respondents due to the petitioner's failure to deposit security for costs within the stipulated statutory period of ten days after filing the petition.
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Kawa Paradise Limited v Kenia Rafikis Limited (Environment and Land Miscellaneous Application E001 of 2022) [2022] KEMC 28 (KLR) (21 December 2022) (Ruling)
✦ Instruction fees of Ksh.120,000/= are taxed at Ksh.90,000/=. The Bill of Costs is taxed at Ksh.125,172/= with Ksh.145,403/= taxed out.
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Director of Public Prosecution v Nyanje (Sexual Offence E076 of 2021) [2022] KEMC 32 (KLR) (15 December 2022) (Judgment)
✦ The court finds the accused guilty of delement of a child aged 12 years and convicts him under section 215 of the Criminal Procedure Code.
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Director of Public Prosecutions v Mbule (Sexual Offence E038 of 2021) [2022] KEMC 38 (KLR) (15 December 2022) (Judgment)
✦ The accused is found guilty of delement with a minor and sentenced accordingly.
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Director of Public Prosecution v AKT (Sexual Offence E030 of 2021) [2022] KEMC 33 (KLR) (15 December 2022) (Judgment)
✦ The court dismisses the case against the minor and acquits him.
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Republic v Land Registrar Kwale & another; Tolksdorf (Exparte Applicant) (Environment & Land Miscellaneous Case 4 of 2021) [2022] KEMC 44 (KLR) (14 December 2022) (Ruling)
✦ The instructions fees are taxed at Ksh. 152,000/= and the Bill of Costs is taxed at Ksh. 277,960/=
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Ahmed v Deye & 2 others (Election Petition 1 of 2022) [2022] KEMC 14 (KLR) (6 December 2022) (Ruling)
✦ The court finds that the petition should be struck out as it challenges the 1st respondent's eligibility to vie as a candidate, which is a pre-election dispute and should be handled by the IEBC.
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Republic v Swaleh (Election Offence E001 of 2022) [2022] KEMC 19 (KLR) (6 December 2022) (Judgment)
✦ The court found that the prosecution has made out a prima facie case and ordered the trial to proceed.
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Mibei & 5 others v Kirui & 2 others (Election Petition E01 of 2022) [2022] KEMC 13 (KLR) (28 November 2022) (Ruling)
✦ The court found that the 2nd Respondent was properly registered and legally cleared to vie for the MCA position and that the elections were conducted in accordance with the Constitution and relevant electoral laws.
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Director of Public Prosecution v Tsuma (Traffic Case E133 of 2021) [2022] KEMC 30 (KLR) (24 November 2022) (Judgment)
✦ The accused is found guilty of failing to report an accident and riding a motorcycle without insurance and without a license.
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Mohamed v Hassan & 5 others (Election Petition E003 of 2022) [2022] KEMC 12 (KLR) (24 November 2022) (Ruling)
✦ The court granted the Petitioner's application to withdraw the petition with no orders as to costs.
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Bukura v Independent Electoral and Boundaries Commission (IEBC) & 2 others (Election Petition E007 of 2022) [2022] KEMC 11 (KLR) (23 November 2022) (Ruling)
✦ The court dismissed the 3rd Respondent's Preliminary Objection and the Petitioner's application for extension of time.
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Ongiro v Independent Electoral & Boundaries Commissioner (IEBC) & another; Orange Democrative Movement Party (Interested Party) (Election Petition 2 of 2022) [2022] KEMC 10 (KLR) (23 November 2022) (Ruling)
✦ The preliminary objection on the issue of res judicata is sustained, and the entire petition is dismissed.
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Kimani v Musyoki & 2 others (Election Petition 1 of 2022) [2022] KEMC 15 (KLR) (21 November 2022) (Ruling)
✦ The application for withdrawal of the election petition is dismissed with costs to the respondent.
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Omar v Independent Electoral and Boundaries Commission (IEBC) & 14 others (Election Petition E005 of 2022) [2022] KEMC 7 (KLR) (15 November 2022) (Ruling)
✦ The court dismissed the 4th to 15th Respondents' Notice of Preliminary Objection (P.O) and held that the court has jurisdiction to hear the petition.
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Shafat v Independent Electoral and Boundaries Commission (IEBC) & 2 others (Election Petition E002 of 2022) [2022] KEMC 6 (KLR) (15 November 2022) (Ruling)
✦ Petition is struck out with costs to the Respondents
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Republic v Gachagua & 9 others (Anti-Corruption Case E015 of 2021) [2022] KEMC 8 (KLR) (Civ) (10 November 2022) (Ruling)
✦ The court denies the application to withdraw the criminal case, finding that the investigation was conducted properly and that the accused were not subjected to an abuse of due process.
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Director of Public Prosecutions v Mwenda (Criminal Case E010 of 2022) [2022] KEMC 25 (KLR) (7 November 2022) (Judgment)
✦ The court dismisses the charges against the accused and acquits him.
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Ndago v Independent Electoral & Boundaries Commission & 2 others (Election Petition 2 of 2022) [2022] KEMC 4 (KLR) (4 November 2022) (Ruling)
✦ The court directs the supply of election materials and the striking out of certain affidavits, but allows the supporting affidavit to stand.
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Khalif v Abdille Eliyas Jimale County Returning Officer, Mandera North & 2 others (Election Petition E003 of 2022) [2022] KEMC 3 (KLR) (2 November 2022) (Ruling)
✦ The petition is not dismissed due to untimely filing or non-payment of security of costs.
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Osman v IEBC & 2 others (Election Petition E002 of 2022) [2022] KEMC 5 (KLR) (1 November 2022) (Ruling)
✦ The election petition is hereby marked as withdrawn. The security for costs deposited to be refunded to the depositor.
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Director of Public Prosecutuion v Vura (Sexual Offence E016 of 2021) [2022] KEMC 29 (KLR) (31 October 2022) (Judgment)
✦ The court dismisses the case against the accused and acquits him.
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In re Inquiry Into the Death of Omar Shee Njia (Deceased) (Inquest E002 of 2021) [2022] KEMC 26 (KLR) (18 October 2022) (Legal Opinion)
✦ The death of Omar Shee Njia arose from a self-involving road traffic accident, and no one is to blame.
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Ochieng & 3 others v South Nyanza Sugar Co Ltd (Civil Case 619, 958 & 850 of 2015 (Consolidated)) [2022] KEMC 22 (KLR) (4 October 2022) (Judgment)
✦ The court finds no evidence to support the plaintiffs' claim that they were not refunded and are still owed monies by the defendant. The cases are hereby dismissed with costs to the defendant.