Kenyan case law
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Christoffersen v Kavneet Kaur Sehmi t/a The Random Shop (Civil Appeal E036 of 2022) [2022] KEHC 14035 (KLR) (Commercial and Tax) (18 October 2022) (Judgment)
✦ The Small Claims Court lacked jurisdiction to entertain a claim for rent and rent arrears, and the order of the subordinate court is substituted with an order that the claim be struck out.
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Popat & 9 others v Shah & 6 others (Miscellaneous Criminal Application 571 of 2019) [2022] KEHC 13937 (KLR) (Crim) (18 October 2022) (Ruling)
✦ The application is allowed, and the Kenya Deposit Insurance Corporation (KDIC) is enjoined in the matter.
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Maganga v Republic (Miscellaneous Criminal Application E191 of 2022) [2022] KEHC 14659 (KLR) (18 October 2022) (Ruling)
✦ The court sentences the applicant to serve 24 years in prison from the date of conviction.
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Republic v Maliti (As the then County Executive Committee Member, Finance & Economic Planning Machakos County Government) & another; Lirona Construction Limited (Exparte) (Miscellaneous Application 16 of 2020) [2022] KEHC 15437 (KLR) (18 October 2022) (Ruling)
✦ The court issues an order for the parties to agree on and appoint an independent accountant to take accounts between them and file a report within 45 days.
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In re Estate of Flora Michere Mburuga (Deceased) (Civil Appeal 13 of 2017) [2022] KEHC 14324 (KLR) (18 October 2022) (Ruling)
✦ The court granted the application for extension of time, finding that the applicants provided sufficient reasons for the delay.
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Diallo v Republic (Criminal Revision 173 of 2019) [2022] KEHC 15042 (KLR) (Crim) (18 October 2022) (Judgment)
✦ The application succeeds, and the custodial sentences are ordered to run concurrently from the date of conviction.
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Kenta & another v Independent Electoral And Boundaries Commissions (I.E.B.C.) & 3 others (Election Petition E001 of 2022) [2022] KEHC 13833 (KLR) (18 October 2022) (Ruling)
✦ The court grants limited access to certain election materials
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In re Estate of Musau Kitavi (Deceased) (Succession Cause 386 of 2003) [2022] KEHC 15474 (KLR) (18 October 2022) (Ruling)
✦ The court finds that the applicant has a valid claim to a share in the estate as a creditor of the deceased and that the court has jurisdiction to hear the application.
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Kasimba & 219 others v Kwetu Savings & Credit Co-operative Society Limited (Formerly Masaku Teachers Savings Co-operative Society Ltd) & 10 others (Civil Suit 29 of 2018) [2022] KEHC 15447 (KLR) (18 October 2022) (Ruling)
✦ The application is struck out as premature, as an order for committal can only be issued upon a finding of actual contempt.
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Muema v Madison Insurance Company Ltd (Civil Suit 389 of 2009) [2022] KEHC 15449 (KLR) (18 October 2022) (Ruling)
✦ The court granted the application to substitute the deceased with the legal administrators and to revive the counterclaim.
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In re Estate of Fredrick Kipmitei Chepkwony alias Fridrick Kipmitei Chepkwony (Deceased) (Succession Cause 210 of 2015) [2022] KEHC 13956 (KLR) (18 October 2022) (Ruling)
✦ The court confirmed the distribution of Gladys Chepkemoi's and Nancy Chepkorir's shares as equal portions.
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Forum for the Restoration of Democracy – Kenya (Ford-Kenya) v Mutunga & another (Civil Appeal E634 of 2022) [2022] KEHC 14127 (KLR) (Civ) (18 October 2022) (Judgment)
✦ The appeal is dismissed. The tribunal’s decision is upheld.
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Ouma & another v Agwingi (Miscellaneous Civil Case E006 of 2022) [2022] KEHC 14413 (KLR) (18 October 2022) (Ruling)
✦ The court grants the application and sets aside the order dismissing the application, allowing the reinstatement of the application for hearing.
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Embakasi Ranching Company Ltd v Registrar of Companies & 14 others (Commercial Case E096 of 2019) [2022] KEHC 15003 (KLR) (Commercial and Tax) (18 October 2022) (Ruling)
✦ The application to withdraw the suit is expunged from the record as Mr. Gachichio acted in ignorance of the status quo orders issued by Justice Nzioka.
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Mugo v Republic (Criminal Revision E151 of 2022) [2022] KEHC 14731 (KLR) (18 October 2022) (Ruling)
✦ The revision application is dismissed, but the matter is referred to the Probation Department to prepare a pre-sentence report under the Community Service Order.
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Mokungu v Republic (Criminal Appeal E004 of 2021) [2022] KEHC 15433 (KLR) (18 October 2022) (Judgment)
✦ The court held that it was not proper to charge the appellant with two offenses in the same count, and the evidence did not support the appellant's admission.
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Wakhanya v Republic (Criminal Appeal E142 of 2016) [2022] KEHC 15040 (KLR) (Crim) (18 October 2022) (Judgment)
✦ The appellant will now serve eight years and ten months in prison, with the sentence to begin from the date of conviction.
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In re Estate of David Mutisya Makumbi (Deceased) (Succession Cause E53 of 2021) [2022] KEHC 15477 (KLR) (18 October 2022) (Ruling)
✦ The application is struck out with no order as to costs.
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Kago & another v Assets Recovery Agency & another (Constitutional Petition E011 of 2021) [2022] KEHC 14177 (KLR) (Anti-Corruption and Economic Crimes) (18 October 2022) (Judgment)
✦ The court dismissed the petition as premature and an abuse of court process, as the issues raised should be ventilated at the Chief Magistrates Court Miscellaneous Criminal Application No. 4272 of 2021.
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Fwamba v Republic (Criminal Appeal 63 of 2020) [2022] KEHC 13888 (KLR) (Crim) (18 October 2022) (Judgment)
✦ The prosecution discharged its burden and proved the case beyond reasonable doubt, and the appeal is dismissed.
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Okoye v Republic (Criminal Appeal E072 of 2022) [2022] KEHC 14971 (KLR) (Crim) (18 October 2022) (Judgment)
✦ The appeal is partially successful, and the appellant is to serve ten years less the pre-trial custody period, with concurrent sentences for the two counts of trafficking.
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Mwangi & 2 others v Ngari & another; Muriuki & another (Interested Parties) (Civil Appeal 46 of 2018) [2022] KEHC 13918 (KLR) (18 October 2022) (Judgment)
✦ The court found that there is no clear evidence that the appellants were dependants of the deceased.
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In re Estate of Mwikya Kinywa (Deceased) (Succession Cause 39 of 1998) [2022] KEHC 15473 (KLR) (18 October 2022) (Ruling)
✦ The protestor's claim is dismissed as he failed to prove his entitlement to the full 36 acres he claimed.
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Gatabaki & 2 others (All Suing as the Co-Administrators of the Estate of Samuel Mundati Gatabaki - Deceased) v Muga Developers Limited & 3 others (Commercial Case 151 of 2017) [2022] KEHC 13914 (KLR) (Commercial and Tax) (18 October 2022) (Ruling)
✦ The Consent Order is binding and the suit between the Plaintiffs and the Bank has been compromised and settled.
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Otieno v Republic (Criminal Appeal 67 of 2017) [2022] KEHC 14140 (KLR) (Crim) (18 October 2022) (Judgment)
✦ The appeal is dismissed, and the conviction and sentence are upheld.