Kenyan case law
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Republic v Dume Kitsao Chai [2020] KEHC 3829 (KLR)
✦ The court finds that the prosecution has not proven malice aforethought beyond reasonable doubt and thus the accused is not guilty of murder.
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David Mwangi Muiruri & another v Laguna Blu Tours & Travel Ltd [2020] KEHC 3767 (KLR)
✦ The Court grants the application for an interim injunction restraining the respondents from evicting the applicants from the suit properties pending the hearing and determination of the suit.
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BM v BC [2020] KEHC 3749 (KLR)
✦ The ex parte judgment is set aside, and the Appellant is ordered to continue paying interim maintenance of Kshs. 4,000 per month until the case is heard inter partes.
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Republic v Public Procurement Administrative Review Board & Accounting Officer, Kenya Bureau of Standards; Premier Verification Quality Services (PVQS) Limited (Interested Party) Ex Parte Tuv Austria Turk (Miscellaneous Civil Application 60 of 2020) [2020] KEHC 10010 (KLR) (Civ) (5 August 2020) (Judgment)
✦ The applicant's tender was found non-responsive due to the failure to provide tender security, which was a mandatory requirement. The proceedings were deemed unfair as the applicant admitted to not providing the mandatory documents.
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Coca-Cola Central East and West Africa Limited v Commissioner of Domestic Taxes [2020] KEHC 9993 (KLR)
✦ The application to reopen arguments is allowed, but limited to pointing out the relevance or distinction of the rulings to the current appeal.
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In re Estate of Samuel Obito Getabu (Deceased) [2020] KEHC 10070 (KLR)
✦ The court exercised its discretion to stay the proceedings for a period of 45 days to enable the applicant move to the Court of Appeal.
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Geoffrey Otieno Riro v Rachuonyo Elmard [2020] KEHC 3647 (KLR)
✦ The appeal is dismissed as the award is neither too low nor too high.
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Republic v Charles Mwangi Wanjohi & another [2020] KEHC 3824 (KLR)
✦ The appeal is dismissed as the prosecution's evidence was contradictory and replete with co-existing circumstances that weakened the inference of guilt.
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Kenya Orient Insurance Co. Ltd v John Osoro [2020] KEHC 3708 (KLR)
✦ The court finds that the appellant relied on the testimony of PW2, an investigator who recorded statements from the respondent and his driver admitting that the vehicle was being used as a matatu (taxi) contrary to the cover obtained by the respondent from the appellant. The court dismisses the appeal with no orders as costs.
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David Kumbatha Masha v Republic [2020] KEHC 3828 (KLR)
✦ The court finds the trial magistrate's decision to grant the bond terms was not erroneous.
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In re Estate of Stephen Wahome Gikonyo (Deceased) [2020] KEHC 3820 (KLR)
✦ The court confirmed the grant of probate and distributed the estate as follows: Title No. Thegenge/Kianjogu/968 to be transferred to Jane Ngima Wahome subject to life interest; Plot No. 5 Kaguathi to be shared equally among the children; Title Number Gituamba/Muhotetu/ Block 2/991 to be shared equally among the children, with Mary Nyambura Wahome receiving two acres.
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Barclays Bank of Kenya Limited v Commissioner of Domestic Taxes [2020] KEHC 3640 (KLR)
✦ The Tribunal erred in law and fact in proceeding to make a finding on alleged payment of royalties to card companies and in failing to make a finding on whether the interchange fees retained by issuing banks were a payment for provision of services to BBK.
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Dickson Kiplagat v Republic [2020] KEHC 3881 (KLR)
✦ The conviction and sentence for defilement are quashed and set aside.
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Jean Njeri Kamau v Association of Action Aid International & 2 others [2020] KEHC 3282 (KLR)
✦ The plaintiff’s suit for damages for defamation, breach of confidentiality, and injurious falsehood is dismissed with costs to the respondents.
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OMN v Jasper Nchonga Magari & another [2020] KEHC 3792 (KLR)
✦ Leave to file the appeal is granted
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Republic v Pascal Kahindi Kadenge [2020] KEHC 3788 (KLR)
✦ The court found that the prosecution presented sufficient evidence to prove the accused committed the unlawful act of murder with malice aforethought.
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Republic v Cyrus Ochieng Olwal [2020] KEHC 3815 (KLR)
✦ The prosecution has established a prima facie case against the accused, and he is placed on his defence.
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In re Estate of Richard Kiplangat Tanui (Deceased) [2020] KEHC 3726 (KLR)
✦ The court finds that the applicant has not proved his case for review and the application is dismissed.
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Organics 4 Orphans International v Thrive for Good Foundation & 9 others [2020] KEHC 3835 (KLR)
✦ The application is allowed, consent orders are set aside, and the suit is heard on the merits.
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Nova Industries Limited & another v ZE Yun Yang Limited & another [2020] KEHC 3449 (KLR)
✦ The Counterclaim is dismissed with costs. The claim against the 1st Defendant is dismissed with costs. Judgment for Kshs.185,312.00 in favour of the Plaintiff as against the 2nd Defendant with interest at Court rates from the date of filing of the suit. The Plaintiff shall also have costs.
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Republic v Karema Mlewa Mdzomba [2020] KEHC 3641 (KLR)
✦ The offender is sentenced to 18 years' imprisonment with effect from 22.1.2018, and fourteen (14) days right of appeal.
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In re DM (child) [2020] KEHC 3796 (KLR)
✦ The court allows the applicants' originating summons and orders the adoption of Baby D.
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Bernard Muhilana Shimanyula v Attorney General & 7 others [2020] KEHC 407 (KLR)
✦ The court finds that the Plaintiff's constitutional rights were violated and grants the following declarations: a) The assault causing grievous bodily harm was a gross violation of the Plaintiff's fundamental rights under S.74 of the Constitution of Kenya not to be subjected to torture or to inhuman or degrading punishment or other treatment. b) The arrest and subsequent incarceration of the Plaintiff was in violation of the Plaintiff's fundamental right under S.72 of the Constitution of Kenya not to be deprived of his personal liberty save as may be authorised by law. c) The confinement of the Plaintiff during the period while being deprived of urgently needed medical attention was a violation of the Plaintiff's fundamental right under S.74(1) of the Constitution of Kenya not to be subjected to torture or inhuman or degrading punishment or any other treatment. d) The further incarceration of the Plaintiff without any explanation was a violation of the Plaintiff's fundamental right under S.72(2) of the Constitution of Kenya to be informed as soon as reasonably practicable, in a language that he understands, of the reasons for his arrest or detention.
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Republic v Speaker, West Pokot County Assembly & 2 others Exparte David Pkeu Kapeliswa & another; Kenya African National Union (Kanu) (Interested Party) [2020] KEHC 9981 (KLR)
✦ The court dismissed the petition and the Notice of Motion, finding that the court lacks jurisdiction to hear the petition due to the mandatory provisions of sections 39 and 40 of the Political Parties Act No. 11 of 2011.
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In re Estate of Kimutai Arap Ketienya (Deceased) [2020] KEHC 3743 (KLR)
✦ The application for revocation is reinstated with conditions for a viva voce hearing and costs.