Court decisions & case law

Judgment[2023] KEHC 2735127 December 2023

Judgment[2022] KEHC 1806820 December 2022

Omaiko v Republic

High Court at Nyamirajudge High CourtCriminal Appeal E023 of 2022

Division and case type: CriminalCriminal Appeal

Alukhaba v Director of Public Prosecutions (Criminal Appeal E007 of 2021) [2022] KEHC 16913 (KLR) (23 December 2022) (Judgment) Neutral citation: [2022] KEHC 16913 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT KAKAMEGA CRIMINAL APPEAL E007 OF 2021 WM MUSYOKA, J DECEMBER 23, 2022 BETWEEN JOHN ALUKHABA ................................................................................. APPELLANT AND DIRECTOR OF PUBLIC PROSECUTIONS ....................................

10 min read

Judgment[2020] KEHC 87916 December 2020

Mohamed Adbikadir Mohamed v County Government of Wajir & 3 others; Office of the Administrative Justice & another

High Court at NairobiPeace,judge High CourtCase number Petition 50 of 2020

Division and case type: Constitutional and Human RightsPetition

I therefore find that the application for revision dated 29th July, 2020 is devoid of any merit and is hereby dismissed. The exparte orders granted on 30th July, 2020 staying the lower court proceedings are automatically vacated by the dismissal of the application.

17 min read

Judgment[2017] KECA 12120 December 2017

Aggrey Chiteri v Republic of Kenya

Court of Appeal at Nairobijudge High Court,JUDGE APPEAL,MarubeCase number Civil Appeal 292 of 2014

Division and case type: CONSTITUTIONAL AND HUMAN RIGHTS DIVISIONCivil Appeal

IN THE COURT OF APPEAL AT NAIROBI (CORAM: KOOME, OKWENGU & KANTAI, JJ.A.) CIVIL APPEAL NO. 292 OF 2014 BETWEEN AGGREY CHITERI…………………….........................APPELLANT AND REPUBLIC OF KENYA……....…..…………………..…RESPONDENT (An appeal from the Judgment of the High Court of Kenya at Nairobi (Majanja J.), dated 30th May, 2014 in High Court Petition No.

Appeal grantedAllowed18 min read

Judgment[2008] KEHC 47127 November 2008

ABID ALI HASHIM v ANTONY KIHONGE MUHIA

High Court at Nairobime is,Wena,GACHUHI

Division and case type: Milimani Commercial CourtsUnclassified

REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAIROBI (MILIMANI COMMERCIAL COURTS) Misc Appli 1670 of 2007 ABID ALI HASHIM……...………..……………….APPLICANT VERSUS ANTONY KIHONGE MUHIA …..……………RESPONDENT RULING Before me is a notice of motion filed pursuant to Section 18 (1)(b) of the Civil Procedure Act. The applicant seek an order of the court to transfer Nairobi CMCCC No.

5 min read

Judgment[2004] KEHC 109319 December 2004

Metha Miriti v John Mbae Rucha

High Court at Merume isCase number Miscellaneous Application 3 of 2004

Division and case type: CivilMiscellaneous Application

REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT MERU HCCA NO. 72 OF 2004 A F ………………………………………………………… PLAINTIFF VERSUS H A …………………………………..…………..

12 min read

Judgment[1999] KECA 8019 September 1999

FRED KIPCHUMBA CHEPKWONY v REPUBLIC

Court of Appeal at NairobiEtyang,judge High Court,JUDGE APPEALCRIMINAL APPEAL NO. 27 OF 1999

Division and case type: CriminalCriminal Appeal

REPUBLIC OF KENYA IN THE COURT OF APPEAL AT NAIROBI (CORAM: GICHERU, SHAH & BOSIRE JJ.A) CRIMINAL APPEAL NO. 27 OF 1999 BETWEEN FRED KIPCHUMBA CHEPKWONY...............................APPELLANT AND REPUBLIC....................................................................RESPONDENT (Appeal from a conviction and judgment of the High Court of Kenya in Embu (Mr.

2 min read

Judgment[1999] KEHC 9817 May 1999

GEOFFREY MUTIMBI v MUNENE THURANIRA & ANO.

High Court at Nairobime is,Ringera,MuriithiCase number Civil Case 298 of 1990

Division and case type: CivilCivil Case

In absence of any indication my brother was correct in proceeding with he trial on 20.3.96 under order 9b CPR. From the evidence before the court the plaintiff stated that he boarded the defendants lorry.

4 min read

Judgment[1998] KEHC 15622 June 1998

WILSON MAKHOSI v REPUBLIC

High Court at NairobiOsiemo,Oguk,Kanyi,Ondari,OndumaCRIMINAL APPEAL NO. 316 OF 1997

Division and case type: CriminalCriminal Appeal

REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAIROBI APPELLATE SIDE CRIMINAL APPEAL NO. 316 OF 1997 (From Original conviction and Sentence in Criminal Case No.

2 min read

Judgment[1998] KECA 28212 May 1998

ELIZABETH NGELELE & 3 OTHERS v REPUBLIC

Court of Appeal at NairobiOsiemo,JUDGE APPEALCase number Criminal Appeal 10 of 1994

Division and case type: CriminalCriminal Appeal

REPUBLIC OF KENYA IN THE COURT OF APPEAL AT NAIROBI (CORAM: AKIWUMI, TUNOI & SHAH, JJ.A.) CRIMINAL APPEAL NO. 10 OF 1994 BETWEEN ELIZABETH NGELELE JOHN MULI MUNYAO KIOKO MBULA SAA MUSYOKA KILONZO.....................................................APPELLANTS AND REPUBLIC................................................................................RESPONDENT (Appeal from a Judgment of the High Court of Kenya at Machakos (Justice Osiemo) dated 8th December, 1993 in H.C.CR.C.

2 min read

Judgment[1997] KECA 19620 October 1997

Machakos Ranching Company Limited v Joseph Kyalo Mutiso & another

Court of Appeal at NairobiOsiemo,JUDGE APPEAL,Joseph Kyalo Mutiso,Waema Itumo Muoka,Mwangangi,MasikaCivil Appeals numbered 96 of 1996

Division and case type: CivilCivil Appeals numbered

& Pall JJ.A) on the 22nd day of May, 1997 as, in both the appeals, the date on the copy of the orders appealed against did not coincide with the date of the order and as the order appealed against appeared to have been certified on a date subsequent to the filing of the appeal. For record purposes the applicant in both applications before me is the same party, that is, Machakos Ranching Company Limited but the respondents are different.

4 min read

Judgment[1997] KECA 1925 May 1997

MACHAKOS DISTRICT CO-OPERATIVE UNION LIMITED v PHILIP NZUKI KIILU

Court of Appeal at NairobiOsiemo,JUDGE APPEAL,Mwangangi,LakichaCivil Appeal No. 182 of 1994

Division and case type: CivilCivil Appeal

IN THE COURT OF APPEAL AT NAIROBI CIVIL APPEAL NO. 182 OF 1994 MACHAKOS DISTRICT CO-OPERATIVE UNION LIMITED……….........APPELLANT AND PHILIP NZUKI KIILU…………………....................................................RESPONDENT (Appeal from a judgment of the High Court of Kenya at Machakos (Honourable Mr.

1 min read

Judgment[1997] KEHC 498 April 1997

ELIUS GACHII KARANJA v CONCORD INSURANCE COMPANY LIMITED

High Court at NairobiJUDGE APPEAL,judge High Court,Hamilton QCCIVIL CASE NO. 1426 OF 1993

Division and case type: CivilCivil Case

REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAIROBI CIVIL CASE NO. 1426 OF 1993 ELIUS GACHII KARANJA .................................

9 min read

Judgment[1997] KECA 3156 March 1997

BONIFACE MUSYOKA NDOLO v PAULINE KATONGE MUSAU

Court of Appeal at NairobiOsiemo,JUDGE APPEAL,MusyokaCIVIL APPEAL NO. 34 OF 1996

Division and case type: CivilCivil Appeal

IN THE COURT OF APPEAL AT NAIROBI (CORAM: GICHERU, LAKHA, JJ.A & BOSIRE Ag. 34 OF 1996 BETWEEN BONIFACE MUSYOKA NDOLO..........................................APPELLANT AND PAULINE KATONGE MUSAU…………….........................SPONDENT (Appeal from the Judgment and Decree of the High Court of Kenya at Machakos (Justice Osiemo) delivered on 29th November, 1995 IN H.

appeal is allowedAllowed2 min read

Judgment[1997] KECA 476 March 1997

Boniface Musyoka Ndolo v Pauline Katonge Musau

Court of Appeal at NairobiOsiemo,JUDGE APPEAL,MusyokaCase number Civil Appeal 34 of 1996

Division and case type: CivilCivil Appeal

appeal is allowedAllowed2 min read

Judgment[1996] KECA 515 December 1996

Mutemi Shadrack K. Ndegwa v Philip Munyao Ngumbi

Court of Appeal at NairobiOsiemo,JUDGE APPEALCase number Civil Appeal 5 of 1995

Division and case type: CivilCivil Appeal

IN THE COURT OF APPEAL AT NAIROBI (CORAM: AKIWUMI, LAKHA JJ.A & BOSIRE AG. 5 of 1995 BETWEEN MR MUTEMI SHADRACK K.

1 min read

Judgment[1996] KEHC 3515 July 1996

KIVANDI MUKUSYA v MUTUNGA MATHEKA

High Court at MachakosOsiemo,Muendo,Nzei,Muendo applicant Mrs,Muthusi appeared Dr,Mutunga,MuthusiCase number Civil Appeal 18 of 1985

Division and case type: CivilCivil Appeal

REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT MACHAKOS Civil Appeal 18 of 1985 KIVANDI MUKUSYA……………………………………………..........…….APPELLANT VERSUS MUTUNGA MATHEKA…………………..…………………......………..RESPONDENT (From Original Civil Appeal L. 115 of 1978 o Senior Resident Magistrate at Machakos) Coram: J.

suit dismissedDismissed7 min read

Judgment[1995] KECA 1275 November 1995

Kamlesh Mansuklal Damji Pattni v Republic

Court of Appeal at Nairobijudge High Court,JUDGE APPEAL,Rebelo,Chunga,Rao,Rao argues Mr,Rao MrCase number Criminal Appeal 88 of 1995

Division and case type: CriminalCriminal Appeal

pursuant to the appellate powers of that court. The section does not expressly state that all such orders shall be appealable to this Court.

10 min read

Judgment[1995] KECA 220 August 1995

Kaittany & another v Wamaitha

Court of Appeal at NairobiErastus Githinji,judge High Court,Judge regard Keiyo,judge did find Sakina,judge according Islamic,judge Jhansi,judge held Skinba,inherent Islamic,judge Sakina,judge did indeed dismiss Mustafa,Wahiduddin Ahmad,JUDGE APPEAL,Daniel K. Gikonyo Nairobi,Richard Wangansizi Baraza,Gikonyo,Michael John Hughes,Muthoga,Adipo,Tanzil,Ameer Ali,TANZIL ur RehmanCivil Appeal 108 of 1995

Division and case type: CivilCivil Appeal

was not a party to the suit in the superior court; and the learned trial judge’s error in making orders regarding the burial of the deceased which were incapable of performance. In regard to the foregoing grounds of appeal, counsel for the appellants, Miss Abida Ali who appeared with Miss Betty Murungi, submitted that the fact that the deceased became apostate did not dissolve his marriage to the rst appellant as there was no evidence that that fact was communicated to her.

appeal allowedAllowed67 min read

Judgment[1995] KECA 13213 March 1995

Francis Wainaina v Kenya Commercial Finance Company Limited

Court of Appeal at NairobiAluoch,judge High Court,JUDGE APPEALCase number Civil Appeal 116 of 1987

Division and case type: CivilCivil Appeal

IN THE COURT OF APPEAL AT NAIROBI (Coram:Gachuhi, Akiwumi & Lakha JJ A ) CIVIL APPEAL NO 116 OF 1987 Between FRANCIS WAINAINA ....................................................APPELLANT AND KENYA COMMERCIAL FINANCE CO. LTD...............RESPONDENT (Appeal from a judgment of the High Court of Kenya at Nairobi (Lady Justice Aluoch) dated 25th day of February, 1987 in HCCC No 2539 of 1981) ********************* JUDGMENT OF THE COURT The appellant won a contract to supply Kenya Breweries with

appeal failsDismissed14 min read