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Kenya decisions
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First appeal over a hire-purchase financing dispute: the court upheld a valid restructuring agreement, set aside damages and injunction orders, and remitted the counterclaim for accounting.
The court dismissed a claim over alleged demolition of Eastleigh plots, finding the plaintiffs did not prove the county was responsible for the destruction.
The claimant failed to prove a Kshs. 84,000 debt in the Small Claims Court, while the respondent proved part of his counterclaim for Kshs. 6,000.
The High Court at Kerugoya held that the prosecution had not established a prima facie case in a murder charge, and acquitted the accused at case-to-answer stage.
The court dismissed a trespass claim over land parcel CISMARA/OLCHORO/38, finding the dispute was really about an access road and boundary location.
The appeal partly succeeded. The court set aside unpleaded findings on fraud and estate ownership, but upheld dismissal of the suit and the costs order.
The High Court allowed the appellants’ criminal appeal, quashed the convictions for robbery with violence, and set aside the 20-year sentences.
The High Court dismissed COFEK’s petition over the Stanbic Yetu Festival, finding the alleged Article 46 violations were not proved with admissible evidence.
The court acquitted John Paul Otieno of breaking into a shop and handling stolen property, finding the prosecution had not proved breaking or linked him to the specific phone beyond reasonable doubt.
The High Court allowed the appeal by Car & General (Trading) Limited, setting aside liability against it after finding it had rebutted ownership and no vicarious link was proved.
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