Kenyan case law
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Levis v City Shuttle Limited & another (Civil Appeal 108 of 2020) [2022] KEHC 14287 (KLR) (Civ) (21 October 2022) (Judgment)
✦ The court allows the appeal and sets aside the judgment against the Respondents, grants leave to amend the Plaint by substituting the 1st Defendant name with City Star Shuttle Limited, and transfers the case to the Small Claims Court for hearing.
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In re Estate of Edith Nduta Gichanga (Deceased) (Succession Cause 1626 of 2016) [2022] KEHC 14760 (KLR) (Family) (21 October 2022) (Judgment)
✦ Grant of Probate is revoked and the estate is distributed intestate
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State v Omudho (Criminal Case E012 of 2022) [2022] KEHC 14259 (KLR) (21 October 2022) (Judgment)
✦ The accused was convicted of manslaughter and sentenced to remain in custody.
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Ali v Jitegemee Sacco Society Limited (Civil Appeal 202 of 2021) [2022] KEHC 17058 (KLR) (21 October 2022) (Ruling)
✦ The Court denied the appellant's application for a stay of execution pending appeal.
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Kinyua (Suing as the legal representative of the Estate of Kibara Njagi (Deceased)) & another v OCS Nkubu Police Station & 2 others (Petition 6 & 5 of 2017 (Consolidated)) [2022] KEHC 14238 (KLR) (21 October 2022) (Judgment)
✦ The respondents were vicariously liable for the actions of the police officers.
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Republic v Registrar of Companies; Nderitu & another (Exparte); Kedong Ranch Limited & another (Interested Parties) (Application 565 of 2017) [2022] KEHC 18099 (KLR) (Judicial Review) (21 October 2022) (Ruling)
✦ The application is dismissed with costs
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Cytonn Investments Management PLC v Kaikai & another (Civil Suit E247 of 2021) [2022] KEHC 14246 (KLR) (Civ) (21 October 2022) (Ruling)
✦ The court dismissed the applicant's motion for temporary prohibitory and mandatory injunctions.
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Nyambu v Republic (Miscellaneous Criminal Application E079 of 2022) [2022] KEHC 14660 (KLR) (21 October 2022) (Ruling)
✦ Application for review of sentence is dismissed as the conviction and sentence were not illegal, unlawful, harsh or excessive.
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Abdisalan v Abdi & 2 others (Election Petition E007 of 2022) [2022] KEHC 13926 (KLR) (21 October 2022) (Ruling)
✦ The court grants the application
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Wango & another v Bata Shoe Company Limited & 4 others (Civil Suit 1095 of 1999) [2022] KEHC 14266 (KLR) (Civ) (21 October 2022) (Judgment)
✦ The court found that the shooting was not unlawful, illegal, or negligent.
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Kimathi & 3 others v Ndolo (Civil Suit 135 of 2019) [2022] KEHC 14121 (KLR) (Civ) (21 October 2022) (Sentence)
✦ The defendant is sentenced to pay a fine of Ksh.50,000 within 7 days and in default, he should be apprehended and taken to custody to serve three (3) months in prison.
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Nyambane v Mbugua (Suing as the Administrator of the estate of Jackson Mbugua Ndung’u (Deceased) & 2 others (Civil Appeal 404 of 2019) [2022] KEHC 14092 (KLR) (Civ) (21 October 2022) (Judgment)
✦ The appeal is dismissed, and the cross-appeal is allowed. The trial court's decision on vicarious liability is set aside, and a global sum of Kshs 2,500,000 is substituted for the loss of dependency/lost years of Kshs 7,000,000.
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Khetia v Mohammed (Civil Appeal 95 of 2017) [2022] KEHC 14102 (KLR) (21 October 2022) (Ruling)
✦ The bill of costs should be for the application and not for the entire appeal.
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Republic v Makotsi (Criminal Case 49 of 2016) [2022] KEHC 14186 (KLR) (21 October 2022) (Ruling)
✦ The accused person is put on his defence.
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Mugo & another v Mwaura (Civil Appeal E558 of 2021) [2022] KEHC 14244 (KLR) (Civ) (21 October 2022) (Ruling)
✦ The motion is dismissed with costs as the Applicants have not demonstrated substantial loss and the appeal is not rendered nugatory.
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In re Estate of Grace Sokome Chepkurui (Deceased) (Probate & Administration 266 of 2007) [2022] KEHC 14039 (KLR) (21 October 2022) (Ruling)
✦ The court should review the confirmation orders due to the discovery of new properties and names of the deceased.
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In re Estate of Indeche Waswa Wikinza alias Indeche Waswa Wikunza (Deceased) (Succession Cause 569 of 2015) [2022] KEHC 14016 (KLR) (21 October 2022) (Ruling)
✦ The orders made on November 21, 2019, are vacated, and the Deputy Registrar is directed to cause the court file in Kakamega CMCSC No 37 of 2017 to be returned to the Kakamega CM's court registry. The causes in Kakamega HCSC No 890 of 2012 and Kakamega HCSC No 569 of 2015 are consolidated, and a fresh grant will be issued to the parties who agree or the court appoints.
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In re Estate of Waziri Mohamed Sudi alias Waziri Mohammed Sudi (Deceased) (Succession Cause 43 of 2016) [2022] KEHC 14397 (KLR) (21 October 2022) (Judgment)
✦ The High Court held that the properties in the UK, Mariakani Township, and Kibao Kiche are part of the deceased's estate. The unsurveyed plots in Lamu are also part of the estate.
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Oginjo v Republic (Miscellaneous Criminal Application E137 of 2022) [2022] KEHC 14178 (KLR) (21 October 2022) (Ruling)
✦ The application is dismissed as the appeal against sentence is sham and the sentence imposed is lawful and below the minimum mandatory sentence stipulated in the Sexual Offences Act
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Kanga v Kanga (Succession Appeal 4 of 2021) [2022] KEHC 14018 (KLR) (21 October 2022) (Judgment)
✦ The appeal is allowed, and the letters of administration intestate made to the respondent are revoked. The grant issued on April 26, 2018, is cancelled. The trial court's confirmation of the grant is set aside. A new grant of letters of administration intestate shall issue to the appellant and the respondent as administrators of the estate of the deceased.
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Mencia Management Limited v Mwangi (Civil Appeal 202 of 2018) [2022] KEHC 14425 (KLR) (Civ) (21 October 2022) (Judgment)
✦ The appeal is allowed to the extent that the sum of Kshs. 255,402.11 awarded by the trial court shall be reduced by Kshs. 72,730.00
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Twiga Construction Company Limited v Kamanda (Civil Appeal 125 of 2018) [2022] KEHC 14170 (KLR) (Civ) (21 October 2022) (Judgment)
✦ The appeal is dismissed with costs to the respondent.
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China Sichuan International Cooperation Co (SIETCO) v Odhiambo; Zakariah & 4 others (Intended Respondent) (Civil Appeal 272 of 2017) [2022] KEHC 14117 (KLR) (Civ) (21 October 2022) (Ruling)
✦ The motion is dismissed with costs to the respondent.
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Mwangi & another v Mwangi (Civil Appeal 533 of 2015) [2022] KEHC 14214 (KLR) (Civ) (21 October 2022) (Judgment)
✦ The appeal is found to be without merit and is accordingly dismissed with costs.
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Muraguri & 5 others v Muriuki (Chairman) & another (Civil Miscellaneous Application E508 of 2020) [2022] KEHC 14128 (KLR) (Civ) (21 October 2022) (Ruling)
✦ The application is dismissed with costs as there are no merits in it.