Kenyan case law
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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.
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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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Republic v Eliakim (Criminal Case E036 of 2021) [2022] KEHC 15067 (KLR) (Crim) (18 October 2022) (Ruling)
✦ The application succeeds and the accused is hereby released on bail/bond of Kshs 250,000/- with one surety of a similar amount to be approved by the Deputy Registrar of this court.
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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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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 14036 (KLR) (Commercial and Tax) (18 October 2022) (Ruling)
✦ The application is dismissed with costs, and the suit is struck out as the court of appeal held that a suit filed before a court devoid of jurisdiction is a nullity ab initio.
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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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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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In re Estate of Augustine Khaemba Katani (Succession Cause 56 of 1999) [2022] KEHC 14089 (KLR) (18 October 2022) (Ruling)
✦ The application is allowed, and the respondent is ordered to cooperate with the applicant for the final distribution of the estate.
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Maina v Republic (Miscellaneous Criminal Application E163 of 2021) [2022] KEHC 14855 (KLR) (18 October 2022) (Ruling)
✦ The application is allowed, and the applicant is ordered to file an appeal within 14 days of the date of this order.
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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 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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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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Muthengi (Legal representatives of the Estate of Mark Ndiku & 2 Others) v Ndiku (Miscellaneous Civil Case E008 of 2021) [2022] KEHC 14337 (KLR) (18 October 2022) (Ruling)
✦ Application dismissed with costs
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Chuaga v Grivin ((suing as administrator of the estate of Silas Waraba (Dcd)) (Miscellaneous Case E048 of 2022) [2022] KEHC 14011 (KLR) (17 October 2022) (Ruling)
✦ The court grants the applicant leave to file and serve his memorandum of appeal within 14 days from the date of this ruling, and grants an order of stay of execution of the decree in Bungoma CMCC No 12 of 2019 pending determination of the intended appeal. The applicant is required to pay half of the decretal sum and give a bank guarantee to pay the remaining half together with costs and accruing interests from a reputable financial institution specific to this appeal for the whole duration of the appeal within 45 days from the date of this ruling. The costs of the application shall abide in the intended appeal.
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Republic v Langat & another (Criminal Case 19 of 2020) [2022] KEHC 13984 (KLR) (17 October 2022) (Judgment)
✦ The court sentenced the accused to 3 years imprisonment, finding the sentence appropriate given the circumstances of the offence and the accused's plea of guilty.
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In re Estate of joseph Owegi (Deceased) (Succession Cause 937 of 2007) [2022] KEHC 14070 (KLR) (17 October 2022) (Ruling)
✦ The court held that failure to date the applicant's affidavit is not fatal and that the applicant has not satisfied the conditions precedent for the grant of the order.
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Makokha v Farah (Civil Appeal 37 of 2018) [2022] KEHC 18076 (KLR) (17 October 2022) (Judgment)
✦ The appeal is disallowed but no order as to costs is made.
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Njoroge & another (Suing as the Legal Representatives of the Estate of the Late Keziah Muthoni Maina) v Bonafide Clearing and Forwarding Company Ltd & another (Civil Appeal 52 of 2018) [2022] KEHC 14098 (KLR) (17 October 2022) (Judgment)
✦ The court upheld the trial court's award of damages, finding that the trial court did not err in awarding an inordinately low amount for loss of dependency.
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Musimba v Independent & Boundaries Commission & 2 others (Election Petition E001 of 2022) [2022] KEHC 14362 (KLR) (17 October 2022) (Ruling)
✦ The court dismissed the petition, finding that the deputy governor was not a necessary party and that the petition was not fatally defective.
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In re Estate of James Kamau Kamaru (Deceased) (Succession Cause 856A of 2006) [2022] KEHC 13902 (KLR) (Family) (17 October 2022) (Ruling)
✦ The application dated November 7, 2019 to reinstate the application dated May 25, 2019 for review is allowed.
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Muiruri & Wachira Advocates v County Government of Nyandarua (Miscellaneous Cause E015 of 2021) [2022] KEHC 14056 (KLR) (17 October 2022) (Ruling)
✦ The Court granted the extension of time for the Client/Applicant to request reasons under Order 11 (1) of the Advocates (Remuneration) Order, 1962.
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Bonito Hotels v OBG Security Limited (Miscellaneous Case E061 of 2022) [2022] KEHC 14091 (KLR) (17 October 2022) (Ruling)
✦ The applicant's application is allowed with the following terms: leave to file and serve the memorandum of appeal within ten days, an order of stay of execution of the decree, and costs to abide in the intended appeal.
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In re Estate of Washington Aggrey Jalango Okumu (Deceased) (Succession Cause E19 of 2021) [2022] KEHC 14058 (KLR) (17 October 2022) (Ruling)
✦ The grant of letters of administration should not be revoked as the applicant failed to prove that the grant was obtained fraudulently or by concealment of material facts.
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Langat v Republic (Criminal Appeal 2 of 2020) [2022] KEHC 14103 (KLR) (14 October 2022) (Ruling)
✦ The remand period should be included in the sentence
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Oyoo v Republic (Miscellaneous Criminal Application E128 of 2022) [2022] KEHC 14045 (KLR) (14 October 2022) (Ruling)
✦ The application for resentencing is struck out and the file is closed.