Kenyan case law
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Khisa v Republic (Criminal Appeal E079 of 2021) [2022] KEHC 14097 (KLR) (19 October 2022) (Judgment)
✦ The sentence is set aside and substituted with a sentence of 5 years imprisonment.
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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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Wangare v Republic (Criminal Revision E236 of 2022) [2022] KEHC 14975 (KLR) (Crim) (19 October 2022) (Ruling)
✦ The court finds that the accused's rights under article 50 (2) of the Constitution were infringed due to the lack of cross-examination of four witnesses. The prosecution's grounds of opposition are dismissed.
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In re Estate of Wilson Mwamba Nyamogo (Deceased) (Succession Cause 2217 of 2004) [2022] KEHC 14164 (KLR) (Family) (19 October 2022) (Ruling)
✦ The grant of letters of administration is set aside and the application is reinstated for hearing.
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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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Nzuki & another v Republic & another (Criminal Appeal E077 of 2021) [2022] KEHC 14534 (KLR) (19 October 2022) (Judgment)
✦ The conviction and sentence are upheld.
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Republic v Maganya (Criminal Case E009 of 2021) [2022] KEHC 14138 (KLR) (19 October 2022) (Judgment)
✦ The accused is convicted of murder for the unlawful act that resulted in the deceased's death.
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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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Republic v Wanjiru & 2 others (Revision Case E085 of 2022) [2022] KEHC 14163 (KLR) (19 October 2022) (Ruling)
✦ The application is dismissed
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Watu Credit Limited v DPP & another (Miscellaneous Criminal Application E012 of 2022) [2022] KEHC 14054 (KLR) (19 October 2022) (Ruling)
✦ The application is accordingly dismissed.
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In re Estate of Mohamed Gatonge (Deceased) (Succession Cause 294 of 1996) [2022] KEHC 14248 (KLR) (19 October 2022) (Ruling)
✦ Petitioner's application for review is dismissed as the right to seek review under Civil Procedure Rules is not available to her due to the filing of an appeal.
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In re Estate of Loyd Kimathi Miriti (Succession Cause 371 of 2015) [2022] KEHC 14875 (KLR) (19 October 2022) (Ruling)
✦ The grant issued to the applicant is revoked and the proceedings are terminated.
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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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In re Estate of Kiprotich Tui Gong (Deceased) (Succession Cause 53 of 1996) [2022] KEHC 14157 (KLR) (19 October 2022) (Ruling)
✦ The court confirms the proposed mode of distribution, with each beneficiary receiving one acre.
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Pevans Est Africa Limited & 4 others v Nation Media Group Limited & 7 others (Civil Case E018 of 2022) [2022] KEHC 13928 (KLR) (19 October 2022) (Ruling)
✦ The defendants/applicants' motions are dismissed with costs.
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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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Republic v Ndung’u (Criminal Case E019 of 2022) [2022] KEHC 14078 (KLR) (19 October 2022) (Ruling)
✦ The bail terms remain fair, with a small review. A Protection and Care (P & C) file should be opened for the children and a Children Ocer's Report should be filed to regularize their stay in the Rescue Centre.
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In re Estate of Joseph Kamau Nzuki alias Joseph Kamau (Deceased) (Succession Cause 17 of 2018) [2022] KEHC 14260 (KLR) (19 October 2022) (Judgment)
✦ The grant of probate with a written will annexed was revoked and annulled.
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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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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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In re Estate of Benard Njeru Kamau (Deceased) (Succession Cause E013 of 2022) [2022] KEHC 14158 (KLR) (19 October 2022) (Ruling)
✦ The court dismisses the application for interim relief due to lack of merit and advises parties to file their preferred mode of distribution.
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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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Chemwor & another v RKS (Suing as the father and next friend to AR (Minor) (Civil Appeal E030 of 2021) [2022] KEHC 14110 (KLR) (19 October 2022) (Judgment)
✦ The appeal is partially successful, the judgment on liability is confirmed, but the award of general damages is set aside and substituted with an award of Ksh 600,000/-
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Cytonn Investments Management PLC v Hassan & another (Civil Suit E248 of 2021) [2022] KEHC 13932 (KLR) (Civ) (19 October 2022) (Ruling)
✦ The court finds merit in the motion and issues an order for a temporary injunction, but denies the prayer for immediate pulling down and permanent deletion of the defamatory statements.
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Trailink Group Limited & another v Wamaiatha & 2 others (Civil Case E072 of 2021) [2022] KEHC 14532 (KLR) (19 October 2022) (Ruling)
✦ The application is allowed, and a stay of execution is granted pending appeal, subject to the respondent paying the applicant part of the decretal amount within 60 days.