Court decisions & case law

Judgment[2022] KEHC 1806820 December 2022

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[2014] KESC 328 December 2014

Mate & another v Wambora & another

Supreme Court at NyeriJudge Bench High,Judge Bench,Reconciliation Commission,Judge issued conservatory Orders,SUPREME COURT,Prof. Tom Ojienda,MuiteCase number Civil Application 37 of 2014

Division and case type: CivilCivil Appeal

We have taken into account the weighty submissions made for the respondents, regarding the essential principle of compliance with Orders issuing from a Court of law, just as we have closely adverted to the applicants’ case for a proper interpretation of the constitutional status of County Assembly privileges, operating within the scheme of the separationofpowers doctrine. As it is clear to us that the respondents’ case rests on fundamental constitutional questions not yet interpreted, and which

appeal succeedsAllowed34 min read

Judgment[1999] KECA 13515 November 1999

JASWANT SINGH DHINGRA v JASWINDER DHINGRA

Court of Appeal at NairobiOwuor,JUDGE APPEAL

Division and case type: FamilySuccession Cause

REPUBLIC OF KENYA IN THE COURT OF APPEAL AT NAIROBI (CORAM: AKIWUMI, SHAH & BOSIRE, JJ.A) CIVIL APPLICATION NO. 224 OF 1999 BETWEEN JASWANT SINGH DHINGRA ..............................APPLICANT AND JASWINDER DHINGRA ..................................RESPONDENT (An application to strike out Notice of Appeal filed herein on 18th day of December, 1998 in an intended appeal from the ruling of the High Court of Kenya at Nairobi (Hon.

appeal struck outDismissed1 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 17628 February 1999

AHMED SHEIKH ABDILAHIM v REPUBLIC

High Court at MombasaMagolo,Ng,Dr,MuiteCase number Criminal Appeal 109 of 1998

Division and case type: CriminalCriminal Appeal

REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT MOMBASA Criminal Appeal 109 of 1998 AHMED SHEIKH ABDILAHIM .................................................................. APPELLANT versus REPUBLIC....................................................................................................

8 min read

Judgment[1998] KEHC 2221 April 1998

FLOSPHER KADALINDA & ANOTHER v REPUBLIC

High Court at NairobiOwuor,Oguk,OndariCase number Criminal Appeal 629 of 1990

Division and case type: CriminalCriminal Appeal

REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAIROBI (NAIROBI LAW COURTS) Criminal Appeal 629 of 1990 (From Original Conviction and Sentence in Criminal Case No. 645 of 1986 of the Chief Magistrate's Court at Nakuru: I.C.C.

13 min read

Judgment[1998] KEHC 841 April 1998

Flospher Kadalinda & another v Republic

High Court at NairobiOwuor,Oguk,OndariCriminal Case No. 645 of 1986

Division and case type: CriminalCriminal Appeal

13 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[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 7327 June 1995

MBUGUA NJOROGE v CHEGE NJOROGE “A” & 7 others

Court of Appeal at NairobiOwuor,JUDGE APPEAL,Kinuthia NjorogeCase number Civil Appeal 191 of 1994

Division and case type: CivilCivil Appeal

matter than the appellate tribunal can be; and the appellate tribunal will generally defer to the conclusion which the trial judge has formed”. LORD WRIGHT, in the course of his speech at p.265, said: “Two principles are beyond controversy.

appeal failsDismissed5 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

Judgment[1994] KECA 10923 November 1994

G. B. M. Kariuki v Fred Kwasi Apaloo

Court of Appeal at NairobiAluoch,Kenya,Courts,suggested Hon Matiba,judge High Court,JUDGE APPEALCase number Civil Appeal 122 of 1994

Division and case type: CivilCivil Appeal

IN THE COURT OF APPEAL AT NAIROBI ( Coram: Gachuhi, Omolo & Akiwumi JJ A) CIVIL APPEAL NO. KARIUKI ……………….................................…………….……………….APPELLANT AND HON.

appeal is dismissedDismissed17 min read

Judgment[1994] KECA 8319 September 1994

Lali S. Lali & 3 others v Stephen M. Wachira & 2 others

Court of Appeal at NairobiOwuor,Effie Owuor,JUDGE APPEALCase number Civil Appeal 132 of 1993

Division and case type: CivilCivil Appeal

as if their action had been begun by filing a plaint. According to him, the provisions of rule 10 of order XXXVI of the Rules had been brought to the attention of the judge and since a claim by adverse possession must only be brought through an Originating Summons, if the issues therein were disputed, the superior court should have dealt with the matter as if the same had been begun by filing a plaint.

13 min read

Judgment[1994] KECA 11412 January 1994

Nyamodi Ochieng Nyamogo & another v Kenya Posts & Telecommunications Corporation

Court of Appeal at NairobiOwuor,England,judge bench Court,JUDGE APPEALCase number Civil Application 264 of 1993

Division and case type: CivilCivil Appeal

There was no evidence of service of the order 2. Neither the order nor the notice of motion nor any other notice in connection therewith that was served carried an indorsement of penal obligation or consequence.

19 min read

Judgment[1991] KECA 828 August 1991

Bandali t/a Shimoni Enterprises v Wills

Court of Appeal at MalindiShields,judge High CourtCase number Civil Application 12 of 1991

Division and case type: CivilCivil Case

Court for want of prosecution be set aside. The learned judge while setting aside the dismissal order declined an application for leave to appeal without assigning any reasons.

Application dismissedDismissed8 min read

Judgment[1991] KEHC 178 May 1991

Imanyara v Republic

High Court at Nairobijudge High Court,Judge Court,HeCase number Criminal Application 190 of 1991

Division and case type: CriminalCase number Criminal Application

Imanyara v Republic High Court, at Nairobi May 9, 1991 Porter J Criminal Application No 190 of 1991 Criminal Practice and Procedure – bail –renewed application for bail – whether a rehearing of a previous bail application . Criminal Practice and Procedure – bail – whether an applicant is entitled to apply for bail as many times as he can – section 123(3) Criminal Procedure Code.

15 min read

Judgment[1988] KEHC 4027 November 1988

Joseph Muthusi & 2 others v William Gathogo & 2 others

High Court at NairobiAkiwumi,Tank,OwuorCase number Civil Case 3432 of 1988

Division and case type: CivilCivil Case

REPUBLIC OF KENYA IN THE HIGH COURT AT NAIROBI CIVIL CASE NO 3432 OF 1988 JOSEPH MUTHUSI & 2 OTHERS…………………… APPLICANTS VERSUS WILLIAM GATHOGO & 2 OTHERS …………......... RESPONDENTS RULING This is an application by way of Chamber Summons for a temporary injunction restraining the defendants/respondents from conducting elections until the determination of this suit.

suit is dismissedDismissed8 min read