Kenyan case law
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Kenyan Alliance Insurance Company Limited v Naomi Wambui Ngira & another (Suing as the legal representatives and administrators of the Estate of Nelson Macharia Maina (Deceased) [2020] KEHC 3540 (KLR)
✦ The court holds that the decretal sum is still in the possession of Wangai Nyuthe & Co. Advocates and directs them to return the funds to the joint account.
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Assets Recovery Agency v Abdi Mohamed Ali & another [2020] KEHC 3231 (KLR)
✦ The preservation orders are upheld as the applicants have not satisfied the criteria for rescission or varying of the impugned orders.
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Grace Wairimu Ngotho v Republic [2020] KEHC 3323 (KLR)
✦ The application for bail pending appeal is granted
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Oduma Obata v Republic [2020] KEHC 2449 (KLR)
✦ The application for sentence revision is dismissed as it is an abuse of court process and misconceived.
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Alfred Odhiambo Achar v Republic [2020] KEHC 2440 (KLR)
✦ The court finds no jurisdiction to interfere with the sentence as it was lawful and lenient.
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Republic v Director General, Kenya National Highways Authority Ex Parte Talewa Road Contractors Limited [2020] KEHC 3349 (KLR)
✦ The Court declines to grant the orders sought and advises the parties to await the determination of the ex parte Applicant's pending appeal and the Respondent's application seeking to set aside the judgement on the arbitral award.
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Khalid Yamin Khan & another t/a Highland Distributors Ventures v Equity Bank Limited & another [2020] KEHC 9984 (KLR)
✦ The court sets aside the default judgment and deems the defendants' statement of defence as duly filed.
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Manuchar Kenya Limited v Commissioner of Domestic Taxes [2020] KEHC 9987 (KLR)
✦ The court dismisses the Notice of Motion with costs to the respondent
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MWK v JKK [2020] KEHC 3552 (KLR)
✦ The court declines to entertain the originating summons and directs that the same be transferred to the CM’s Court at Thika and consolidated with the divorce cause.
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Consenslus Kipruto v Africa Merchant Assurance Co Ltd; Mildred Khatenje (suing as the personal representative of the Estate of Raymond Odhiambo Ogada & another (Interested Parties) [2020] KEHC 2724 (KLR)
✦ The court granted a stay of execution of the decree and release of the motor vehicle registration number pending the hearing and determination of the declaratory suit, subject to certain conditions.
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Republic v Sports Disputes Tribunal; Ismael Chege (Interested Party) Ex parte Kenya Volleyball Federation [2020] KEHC 3345 (KLR)
✦ The ex parte Applicant's Notice of Motion is deemed properly before the Court due to a minor delay. The Court finds no prejudice to the Interested Party and grants the application for Certiorari and Prohibition.
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Peter Njau Kimemia & another v Evanson Mwaniki Wanjiru [2020] KEHC 3557 (KLR)
✦ The appellants' motion for extension of time and interim stay of execution is dismissed with costs
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NWK v PKN [2020] KEHC 3533 (KLR)
✦ The court grants a declaration that the properties are held by the Respondent for the benefit of both the Applicant and the Respondent.
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In re Estate of Wilson Kamau Itume (Deceased) [2020] KEHC 3524 (KLR)
✦ The grant issued to Ann Njoki Kamau and Joseph Mwangi Kamau is revoked, and a fresh grant will issue in the joint names of Anne Njoki Kamau, Joseph Mwangi Kamau, and two grandchildren of the deceased.
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Rongai Tiles & Sanitary Ware Limited v Commissioner of Domestic Taxes [2020] KEHC 9974 (KLR)
✦ The court granted a stay of execution and further enforcement of taxes pending the hearing and determination of the appeal, on condition that the appellant provide a bank guarantee to the respondent.
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Joseph Kipngeno Korir v Kenya Power & Lighting Company Limited [2020] KEHC 3747 (KLR)
✦ The appeal has merit and the judgment for special damages of Kshs.150,000 stands. The matter is referred back to the trial court for assessment of general damages and for a determination on costs of the suit.
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M/S Fidelity Shield Insurance Co.Ltd v Peter Mbugua Kimotho [2020] KEHC 3740 (KLR)
✦ The appeal is dismissed with costs to the respondent.
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Dickson Kakuko Alias Kabom v Republic [2020] KEHC 3577 (KLR)
✦ The appeal is dismissed
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Republic v WOO (Criminal Case 2 of 2017) [2020] KEHC 3649 (KLR) (6 August 2020) (Ruling)
✦ The trial of the accused was postponed and he is unfit to stand trial. The accused cannot be released on bond as he is not suitable and a further mental examination can be ordered if justified.
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Ngina Gitiba v South Nyanza Sugar Company Limited [2020] KEHC 114 (KLR)
✦ The objection was dismissed, and the Defendant's Notice of Motion was allowed.
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Republic v Julius Kipyegon Bii & 3 others [2020] KEHC 3630 (KLR)
✦ The court granted bail to the 3rd and 4th accused in the same terms as granted to the 1st and 2nd accused.
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In re Estate of the Late Magete Tesot (Deceased) [2020] KEHC 3711 (KLR)
✦ The court finds the land belongs to the deceased and is subject to succession. The court has no jurisdiction to adjudicate land ownership disputes. The grant of letters of administration is valid. The court can issue orders for temporary injunction and eviction.
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Bernard Rutto & another v Nelson Ochieng Oiso [2020] KEHC 3707 (KLR)
✦ The appeal is dismissed with no orders as to costs.
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In re Estate of Gitere Kahura (Deceased) [2020] KEHC 3483 (KLR)
✦ The estate assets are to be distributed as follows: 5 acres for homestead and cemetery, 10 acres equally, and the remaining assets equally. Rental income is to be distributed equitably. The administrators are to file a joint report of the actual distribution within 60 days.
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Radha Motors Limited v Kerandi & another (Suing as the Legal Representative of the Estate of the Late Dennis Kereore Kerandi - Deceased) (Civil Appeal 18 of 2018) [2020] KEHC 10489 (KLR) (6 August 2020) (Ruling)
✦ The court grants the appeal out of time due to the mistake by the Appellant's advocate.