Kenyan case law

In re Estate of John Mutiso Letu (Deceased) (Succession Cause 261 of 2018) [2022] KEMC 43 (KLR) (3 October 2022) (Ruling)

✦ The Mediation Agreement is set aside due to reasonable doubt regarding the Objector's signature.

Director of Public Prosecutions v Mtende (Criminal Case E098 of 2022) [2022] KEMC 36 (KLR) (29 September 2022) (Judgment)

✦ The court found Mtende guilty of stealing three cows and ordered the forfeiture of his motorcycle registration number KMFV 902Z.

Republic v Kumbu (Sexual Offence 24 of 2017) [2022] KEMC 42 (KLR) (27 September 2022) (Judgment)

✦ The Accused is found guilty of delement contrary to section 8(1) of the Sexual Offences Act but insane.

Director of Public Prosecutions v Mwatela alias Mbui Binti & another (Sexual Offence E075 of 2021) [2022] KEMC 41 (KLR) (27 September 2022) (Judgment)

✦ The court dismisses the case against the accused and acquits him

Director of Public Prosecutions v Ondieki (Sexual Offence E050 of 2021) [2022] KEMC 39 (KLR) (15 September 2022) (Judgment)

✦ The court dismisses the case against the accused and acquits her

Director of Public Prosecutions v Wambua (Sexual Offence E045 of 2021) [2022] KEMC 35 (KLR) (14 September 2022) (Judgment)

✦ The court found the accused guilty of delement of a child aged 16 years and sentenced him under section 215 of the Criminal Procedure Code.

Ochieng v Ojango & 5 others (Election Petition E003 of 2022) [2022] KEMC 9 (KLR) (7 September 2022) (Ruling)

✦ The petition is dismissed as it was filed out of time.

In re Mesalim Salim Mwanzuga (Deceased) (Inquest E001 of 2022) [2022] KEMC 34 (KLR) (16 August 2022) (Legal Opinion)

✦ The court rules out the inference that Mesalim Salim Mwanzuga committed suicide and opines that the death was caused by an unknown person.

Republic v Uchenna Valerie Bassey & another (Criminal Case 1216 of 2016) [2022] KEMC 20 (KLR) (2 August 2022) (Ruling)

✦ The prosecution has failed to meet the threshold of beyond reasonable doubt and the accused persons have no case to answer.

Nyabwari (Suing as the Administratrix of the Estate of the Late Evan Ogendo Morebu - Deceased) ((Suing as the Administratrix of the Estate of the Late Evan Ogendo Morebu - Deceased)) v Charles (Civil Case 408 of 2017) [2022] KEMC 45 (KLR) (1 July 2022) (Judgment)

✦ The Court found the Defendant liable for 100% of the accident and awarded the Plaintiff damages including pain and suffering, loss of dependency, and special damages.

Director of Public Prosecution v Chakanda & another (Criminal Case E333 of 2021) [2022] KEMC 31 (KLR) (2 June 2022) (Judgment)

✦ The court finds that the accused persons' actions did not amount to an accusation of witchcraft.

Director of Public Prosecutions v Mrabu (Sexual Offence E069 of 2021) [2022] KEMC 40 (KLR) (26 May 2022) (Judgment)

✦ The court dismisses the charges against the accused, finding that the DPP failed to prove the required elements of the offenses beyond reasonable doubt.

Director of Public Prosecutions v Guni (Sexual Offence E072 of 2021) [2022] KEMC 37 (KLR) (17 May 2022) (Judgment)

✦ The court dismisses the charges of attempted rape and indecent act with an adult against the accused.

Kilonzo; Director of Public Prosecutions (Respondent) (Criminal Case E035 of 2021) [2022] KEMC 23 (KLR) (5 May 2022) (Ruling)

✦ The application is denied

Republic v Wekesa (Sexual Offence E004 of 2021) [2022] KEMC 21 (KLR) (27 April 2022) (Judgment)

✦ The court found that the prosecution proved the age of the complainant and that the complainant's testimony was truthful. However, the court could not conclusively prove the act of defilement due to the nature of the offence and the lapse of time.

Wesonga v Bhudia & another (Civil Suit 474 of 2020) [2022] KEMC 46 (KLR) (1 April 2022) (Judgment)

✦ The court dismissed the plaintiff's case with no orders as to costs.

Director of Public Prosecutions v Mwalimu (Criminal Case E013 of 2022) [2022] KEMC 24 (KLR) (31 March 2022) (Ruling)

✦ The court found that the DPP's application to withdraw the prosecution was not valid under section 87(a) of the CPC and that the DPP had sufficient evidence to charge the accused with the offences before the victim turned 18 years old.

Mwangi v Bhudia & another (Civil Suit 475 of 2020) [2022] KEMC 47 (KLR) (25 March 2022) (Judgment)

✦ The court dismissed the plaintiff's case with no orders as to costs.

Republic v Jetha (Criminal Case 595 of 2019) [2021] KEMC 13 (KLR) (26 November 2021) (Judgment)

✦ The accused was found guilty of tracking in persons.

Republic v Sughor (Sexual Offence 3 of 2017) [2021] KEMC 11 (KLR) (28 October 2021) (Judgment)

✦ The accused is found not guilty of delement and is immediately set at liberty

Director of Public Prosecutions v Benard Njuguna Ng’ang’a (Criminal Case E350 of 2021) [2021] KEMC 8 (KLR) (18 October 2021) (Judgment)

✦ The court finds that the accused is a National Police Reservist Officer and was indeed issued with an AK47 assault rifle of serial no. 5522794 and 60 rounds of ammunition of 7.62 x 39mm. The court also finds that the accused lost the rifle and ammunition while in his possession.

Kioko v Bakari & another (Civil Case 869 of 2014) [2021] KEMC 21 (KLR) (29 September 2021) (Judgment)

✦ The Court finds that the Plaintiff has proved her case on a balance of preponderance and enters Judgment for the Plaintiff.

Republic v Mwangi & another (Anti-Corruption Case 17 of 2014) [2021] KEMC 3 (KLR) (Anti-Corruption and Economic Crimes) (25 August 2021) (Judgment)

✦ The 1st accused is found guilty of soliciting a benefit of Kshs. 280,000 and receiving a benefit of Kshs. 140,000. The 2nd accused is found not guilty of receiving a benefit of Kshs. 140,000.

Said (Suing as administrator of the Estate of Mohamed Said Ali - Deceased) v Bwana (Environment & Land Case 5 of 2020) [2021] KEMC 9 (KLR) (6 August 2021) (Judgment)

Said (Suing as Administrator of the Estate of Mohamed Said Ali Deceased) v Bwana (Environment & Land Case 5 of 2020) [2021] KEMC 1 (KLR) (6 August 2021) (Judgment)

✦ The court held that the sale agreement was valid and that the Defendant, Mohamed Bwana, is the rightful owner of the house-without-land.