Kenyan case law
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Republic v LRM (Children's Case 06 of 2013) [2013] KEMC 115 (KLR) (26 November 2013) (Judgment)
✦ The defendant is found not guilty of subjecting children to early marriage.
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Republic v Burur (Criminal Case 491 of 2013) [2013] KEMC 112 (KLR) (26 November 2013) (Ruling)
✦ No prima facie case was disclosed, and the charge is dismissed.
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Republic v James (Criminal Case 314 of 2013) [2013] KEMC 109 (KLR) (26 November 2013) (Judgment)
✦ The defendant is found guilty of stealing the school's money from the cheque and unlawfully cashing it.
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Sereria v Alliance (One) Tobacco (K) Limited (Civil Suit 2 of 2012) [2013] KEMC 114 (KLR) (26 November 2013) (Ruling)
✦ The court finds no sufficient reason to review the judgment and dismisses the application with costs to the defendant
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Republic v Marwa & another (Criminal Case 178 of 2012) [2013] KEMC 113 (KLR) (26 November 2013) (Judgment)
✦ Both defendants are guilty of robbery with violence and are sentenced to death by hanging.
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Marwa v Nyamohanga & another (Civil Suit 23 of 2011) [2013] KEMC 105 (KLR) (22 November 2013) (Judgment)
✦ The plaintiff's claim is dismissed as it is not supported by evidence and the process leading to the loss of the cattle is not within the meaning of alternative form of dispute resolution.
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Republic v Nyamohanga (Criminal Case 91 of 2013) [2013] KEMC 107 (KLR) (22 November 2013) (Judgment)
✦ The defendant is found guilty of assault causing actual bodily harm.
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Republic v Otieno alias Angira (Criminal Case 536 of 2013) [2013] KEMC 110 (KLR) (19 November 2013) (Judgment)
✦ The defendant is found guilty of stealing Kshs. 380,000/=
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Republic v Oyugi (Criminal Case 452 of 2013) [2013] KEMC 108 (KLR) (19 November 2013) (Judgment)
✦ The court finds the evidence not to have proved the theft against the defendant to the required standard of beyond reasonable doubt and acquits him.
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Republic v Nyamohanga (Criminal Case 198 of 2013) [2013] KEMC 106 (KLR) (15 November 2013) (Judgment)
✦ The defendant is found guilty of committing an indecent act with a child
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Charles Kimeli Korir v Ezekiel Juma & 2 others [2013] KEMC 19 (KLR)
✦ Court ordered a recount of votes in Kabisaga ward and directed the 2nd respondent to issue a certificate of election to the rightful member of County Assembly, Kabisaga ward.
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Eric Soita Patroba v Martin Wafula Wawire & 2 others [2013] KEMC 36 (KLR)
✦ The court awards costs to the respondents which should not exceed Ksh 300,000/= for the 1st respondent and 300,000/= for the 2nd and 3rd respondents to be taxed by the court.
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Kennedy Mose Nyangwaya v Independent Electoral and Boundaries Commission & 2 others [2013] KEMC 20 (KLR)
✦ The election is not void due to non-compliance with the written law, as it was conducted in accordance with the principles laid down in the Constitution and the Elections Act.
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Salim Ali Sheikh v Independent Electoral And Boundaries Commission (Iebc) & 2 others [2013] KEMC 51 (KLR)
✦ The Court found that the election was free, fair, transparent, and credible and that the 3rd Respondent was validly elected.
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Japhet Kirimi Kobia v Julius Kabira Ambau & 2 others [2013] KEMC 33 (KLR)
✦ The elections held on 4th March 2013 for Athiru Ruujine ward were free, fair and conducted in accordance to the constitution, the relevant laws and regulations. The 1st respondent was validly elected.
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Duncan Chege Gathogo v Alfred Ambani Muhindi & 2 others [2013] KEMC 57 (KLR)
✦ The 1st Respondent was validly elected and the election was not void.
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Francis Mwaniki Ngunga v Oliver Nzeki Munyaka,Returning Officer Machakos Town Constituency & Independent Electoral and Boundaries Commission (Election Petition 3 of 2013) [2013] KEMC 27 (KLR) (Civ) (16 September 2013) (Judgment)
✦ The box was properly sealed, agents were not required to escort ballot papers, and there was no evidence of tampering with the ballot boxes.
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Joseph Kiponda v Independent Electoral & Boundaries Commission(Iebc) & Stephen Bahati Mlanda (Election Petition 1 of 2013) [2013] KEMC 56 (KLR) (Civ) (13 September 2013) (Judgment)
✦ The court finds that the name 'Joseppe' was not on the petitioner's National Identity card, not in the register of voters, and not in the party nomination certificate. The petitioner's complaint lacks legal basis.
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Robert Bisakaya Wanyera v Nathan Obwana & 3 others [2013] KEMC 52 (KLR)
✦ No illegality or irregularity was proved against the 1st Respondent. The 2nd and 3rd Respondents are ordered to bear the costs.
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Lambeshua Reuben Moriaso Ole v Kool Julius Ole & 3 others [2013] KEMC 62 (KLR)
✦ The Court dismissed the Motion on Notice and allowed the Preliminary Objection.
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Cyrus Bosire Ogega & 3 others v Timothy Mokua Nyarango & 2 others [2013] KEMC 29 (KLR)
✦ The court found the election to be conducted in accordance with the principles of the Constitution and the Elections Act 2011, and thus declared the results valid.
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Isaac Oerri Abiri v Samwel Nyangau Nyanchama & 3 others [2013] KEMC 14 (KLR)
✦ The court dismissed the Petitioner's petition with costs.
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Ephantus Kariithi Mwangi v I.E.B.C. & another [2013] KEMC 60 (KLR)
✦ The election was not void and the petitioner is not entitled to the relief sought.
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John Mbaabu Murithi v Jacob Mwirigi Muthuri & 2 others [2013] KEMC 34 (KLR)
✦ The court orders partial scrutiny and recount limited to Marurui Primary School to determine the number of votes garnered by each candidate and if the results tally with what is recorded in form 35 for that polling station.
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M’anyiri Hannington Gitaari v Alphaxard Kaumbuthu Chabari & Another [2013] KEMC 8 (KLR)
✦ The 1st Respondent cannot be said to have been validly elected as County Assembly representative for Igoji West County Ward. The election is nullified to give voters an opportunity to elect a representative of their choice. The 3rd Respondent bears costs of the petition.