Kenyan case law
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In re matter of the Estate of Mbarak Awadh Salim (Deceased) (Succession Appeal E14 of 2020) [2022] KEHC 14548 (KLR) (21 October 2022) (Judgment)
✦ The appeal is allowed, and the Kadhi's Court's orders are modified to exclude the disputed property from distribution pending the ELC court's decision.
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Ngigi t/a Joe Ngigi & Co Advocates (Formerly Ngaywa Ngigi & Kibet Advocates) v Xplico Insurance Company Limited; National Bank of Kenya (Westlands Branch) (Garnishee) (Miscellaneous Civil Application E252 of 2020) [2022] KEHC 14281 (KLR) (Civ) (21 October 2022) (Ruling)
✦ The application is allowed with costs assessed at Kshs 100,000/= to be paid to the applicant, and a garnishee order absolute is confirmed for the remaining Kshs 65,976/=
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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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Jeconia v Oyoyo (Civil Appeal E076 of 2022) [2022] KEHC 14530 (KLR) (19 October 2022) (Ruling)
✦ The application is allowed to file appeal out of time and a stay of execution is issued on condition that half the decretal amount is deposited in court within 30 days.
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Ndungu v Republic (Criminal Revision E099 of 2022) [2022] KEHC 14536 (KLR) (Crim) (19 October 2022) (Ruling)
✦ The application lacks merit and is dismissed
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Nzioka & another (Suing as the administratrixes to the Estate of Mule Muthendu Mwoloi - Deceased) v Makau & another (Civil Suit 428 of 2010) [2022] KEHC 14053 (KLR) (Civ) (19 October 2022) (Judgment)
✦ The court finds the defendants 100% liable for the accident and awards Kshs 2,247,980 in total damages.
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Gathekia v Republic (Criminal Appeal E026 of 2022) [2022] KEHC 14854 (KLR) (19 October 2022) (Ruling)
✦ The court directs the lower file be returned to the trial court for enforcement of the sentence imposed or confirmation that the same has been complied with and/or served.
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Njau & another v County Government of Nyeri (Constitutional Petition 17 of 2014) [2022] KEHC 13927 (KLR) (19 October 2022) (Directions)
✦ The High Court lacks jurisdiction to hear the petition and the matter stands withdrawn.
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Wachira v Republic (Criminal Revision E195 of 2021) [2022] KEHC 14686 (KLR) (19 October 2022) (Ruling)
✦ The applicant's application for revision has merit and his sentence is revised to 5 years.
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Kariuki v Ngunjiri & another (Civil Appeal 60 of 2019) [2022] KEHC 14015 (KLR) (19 October 2022) (Judgment)
✦ The court held that the trial court was not perverse in its decision and that the appellant did not use force to coerce nor did she initiate the process of involving the police.
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Balala v Nation Media Group Limited (Civil Suit 368 of 2011) [2022] KEHC 13961 (KLR) (Civ) (19 October 2022) (Judgment)
✦ The court found that the defendant's publications were defamatory and that the plaintiff had established the two ingredients of defamation.
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In re Estate of Simon Ndirangu Ngugi ( Deceased) (Succession Cause 127 of 2007) [2022] KEHC 14168 (KLR) (19 October 2022) (Ruling)
✦ The court grants the application to rectify the grant of Letters of Administration
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Republic v Ita (Criminal Case E002 of 2021) [2022] KEHC 14195 (KLR) (19 October 2022) (Ruling)
✦ The court finds that the prosecution has made a prima facie case against the accused and that he has a case to answer and is put on his defence.
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Muturi v Awiti t/a Skigate Auctioneers & 2 others (Judicial Review E002 of 2022) [2022] KEHC 14528 (KLR) (19 October 2022) (Ruling)
✦ The application for leave to apply for judicial review orders is dismissed.
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Waweru v Ngama & another (Civil Appeal 273 of 2018) [2022] KEHC 14052 (KLR) (Civ) (19 October 2022) (Ruling)
✦ Appellant’s application for stay of execution pending appeal is dismissed
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Nduma v Republic (Criminal Appeal 3 of 2019) [2022] KEHC 14276 (KLR) (Crim) (19 October 2022) (Judgment)
✦ The appeal is dismissed as having no merit.
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Ruto v Republic (Miscellaneous Criminal Application 189 of 2018) [2022] KEHC 14065 (KLR) (19 October 2022) (Ruling)
✦ The application for review of the applicant's sentence by this court is not tenable and is refused.
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City Star Shuttle Limited & another v Selective Outsourcing Services (K) Limited (Civil Appeal 606 of 2018) [2022] KEHC 14048 (KLR) (Civ) (19 October 2022) (Ruling)
✦ The respondent is a proper and legal entity in both the suit and the present appeal. The Registrar of Companies is directed to amend and/or rectify the particulars of the respondent accordingly.
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Njiru v Kiura & 2 others (Civil Appeal 29 of 2019) [2022] KEHC 14374 (KLR) (19 October 2022) (Ruling)
✦ The appeal is dismissed with costs to the respondents as the appellant does not possess the requisite locus standi to present the appeal.
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APA Insurance Limited v Ndegwa (Civil Appeal 36 of 2018) [2022] KEHC 14193 (KLR) (19 October 2022) (Judgment)
✦ The appeal is dismissed. The trial court's decision to dismiss the application and to dismiss the suit for want of prosecution was upheld.
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Republic v Nyawa & 2 others (Criminal Case 3 of 2019) [2022] KEHC 14685 (KLR) (19 October 2022) (Judgment)
✦ The court found that the ingredients of the offence of murder have been proved beyond reasonable doubt by the prosecution.
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Jubilee Insurance Company Limited v Bichanga (Civil Appeal 2 of 2017) [2022] KEHC 13915 (KLR) (19 October 2022) (Judgment)
✦ The Appellant's application for stay of proceedings was not granted.
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Kegocha v Republic (Criminal Appeal E014 of 2022) [2022] KEHC 13910 (KLR) (19 October 2022) (Judgment)
✦ The appeal is dismissed as the trial court was lenient in sentencing the appellant to ten (10) years imprisonment.
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Mutegi v Republic (Criminal Appeal 11 of 2020) [2022] KEHC 14120 (KLR) (19 October 2022) (Judgment)
✦ The appeal against the conviction is dismissed and the conviction is maintained. The appeal against the sentence is allowed.
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Njeru v Munyi (Civil Appeal E046 of 2021) [2022] KEHC 14173 (KLR) (19 October 2022) (Judgment)
✦ The appeal is partially successful, with the court awarding Kshs 300,000 in general damages and Kshs 53,660 in special damages.