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Kenya decisions
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Githinji v Njoroge & another [2025] KEHC 7072 (KLR)
The High Court allowed an appeal in a motor accident claim, holding that ownership of the vehicle was not proved and vicarious liability could not stand.
FWK v GK [2025] KEHC 6866 (KLR)
The High Court held that three jointly registered properties were matrimonial property and ordered them sold with proceeds shared equally. The Muranga property claim failed.
Assets Recovery Agency v Njuguna; Interdunia Mombasa Limited (Interested Party) [2025] KEHC 5508 (KLR)
The High Court in Nairobi held that two motor vehicles were proceeds of crime and ordered forfeiture after finding the respondent failed to explain their lawful source.
Gatu v Republic [2025] KEHC 1721 (KLR)
The High Court allowed a criminal appeal, quashing a conviction for malicious damage to property after finding the evidence contradictory and unproven.
Wachira v Republic [2025] KEHC 1342 (KLR)
The prosecution failed to prove the elements of malicious damage to property beyond a reasonable doubt, specifically regarding the wilful and unlawful nature of the damage, the identification of the Appellant as a perpetrator within the group, and the proof of ownership and ascertainable value of the damaged property. The evidence was contradictory, inconsistent, and lacked corroboration, suggesting a possibility of a framed-up charge stemming from a land dispute.
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VWK v PMM [2025] KEHC 1594 (KLR)
The High Court at Voi dismissed an appeal challenging attachment of motor vehicles, finding no proof the vehicles were matrimonial property or owned by the appellant.
Ngeta v Director of Public Prosecutions & another [2025] KEMC 6 (KLR)
A court lacks the jurisdiction to order the release of property seized as potential exhibits if those items were not formally produced as exhibits during a criminal proceeding, even if the case was subsequently withdrawn. Furthermore, the court cannot order the release of exhibits to individuals whose ownership has not been conclusively proven.
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Muiruri v Ogola [2024] KEHC 13889 (KLR)
The High Court dismissed an appeal over a road traffic accident claim, holding the appellant failed to rebut evidence that she owned the vehicle at the material time.
Njeri v Republic & another [2024] KEHC 13049 (KLR)
The High Court quashed a forfeiture order over motor vehicle KCA 516X, holding that the registered owner was not given notice or a hearing before forfeiture.
Ligambo & another v Republic [2024] KEHC 11663 (KLR)
The High Court found that while there was consistent testimony from prosecution witnesses regarding the destruction of the complainant's house and the identification of the appellants as perpetrators, the prosecution failed to provide adequate proof of actual damage to the property. There was no photographic evidence or independent assessment of the alleged damage, and the only estimate of loss was uncorroborated. The absence of such evidence created reasonable doubt as to whether the offence of malicious damage to property was proved beyond reasonable doubt. The court held that in criminal c…
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