Kenyan case law
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Musa v Republic (Miscellaneous Criminal Application E111 of 2022) [2022] KEHC 13995 (KLR) (Crim) (13 October 2022) (Ruling)
✦ The court denied the application for bail/bond pending appeal.
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Nambianga v Republic (Criminal Appeal 113 of 2019) [2022] KEHC 14013 (KLR) (13 October 2022) (Judgment)
✦ The appellant's failure to be provided legal representation did not prejudice him as he was able to participate in the trial and cross-examine witnesses.
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Mwiti v ZKN (Suing as father and next friend of TK) (Civil Appeal E020 of 2022) [2022] KEHC 13784 (KLR) (13 October 2022) (Ruling)
✦ The extension of time for compliance with conditions for stay of execution is declined. The time for filing the appeal is extended for 30 days from today's date. The appellant shall bear the costs of this application.
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Muthoni v Republic (Petition E012 of 2021) [2022] KEHC 13972 (KLR) (13 October 2022) (Judgment)
✦ The death sentence is upheld
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Lavington Security Limited v Commissioner for Co-operative Development & another (Civil Case 61 of 2019) [2022] KEHC 14471 (KLR) (Commercial and Tax) (13 October 2022) (Ruling)
✦ The court declines to grant the orders sought in the application and directs parties to fix the main suit for hearing within 45 days from the date of this ruling.
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Yokongwa v Republic (Petition E073 of 2021) [2022] KEHC 13698 (KLR) (13 October 2022) (Ruling)
✦ The petition is unmerited and dismissed
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Nyamweya v Republic (Criminal Appeal 261 of 2019) [2022] KEHC 15099 (KLR) (Crim) (13 October 2022) (Judgment)
✦ The sentence is reduced to 12 years and 7 months, to run from November 17, 2016, in compliance with section 333(2) of the Criminal Procedure Code
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Mutua v Republic (Petition E017 of 2020) [2022] KEHC 13837 (KLR) (13 October 2022) (Ruling)
✦ The 20-year sentence imposed on the petitioner shall commence from December 31, 2016 when he was arrested.
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Okoiti v Cabinet Secretary for the National Treasury (Petition 499 of 2017) [2022] KEHC 13679 (KLR) (Constitutional and Human Rights) (13 October 2022) (Judgment)
✦ The court dismissed the petition in totality due to the potential devastating effects on the unsuspecting public.
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Okong'o Wandago & Company Advocates v South Nyanza Sugar Company Limited (Miscellaneous Civil Application E051 of 2021) [2022] KEHC 14155 (KLR) (13 October 2022) (Judgment)
✦ The court awards the applicant Kshs 47,392.35/= and interest at 14% per annum from September 14, 2021, and costs of Kshs 15,000/=
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Hemmys Way Enterprises Ltd v Kenya Electricity Generating Company PLC (Kengen) (Civil Suit E298 of 2021) [2022] KEHC 14469 (KLR) (Civ) (13 October 2022) (Ruling)
✦ The court dismissed the preliminary objection, finding that there was no contractual relationship for enforcement due to the tender's termination before any contract could be executed.
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Directline Assurance Company & 4 others v Aliker & 8 others (Miscellaneous Civil Application E250 of 2021) [2022] KEHC 14573 (KLR) (Commercial and Tax) (13 October 2022) (Ruling)
✦ The application is dismissed with costs, and the appointment of W.G. Wambugu Advocates is declared invalid.
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Chepkwony & another v CCR (Civil Appeal 28 of 2021) [2022] KEHC 13664 (KLR) (13 October 2022) (Judgment)
✦ The Appeal is partially successful, with General and Exemplary Damages reduced to Kshs 100,000 and Kshs 50,000 respectively.
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Mwiti v ZKN (Suing as Father and Next Friend of AF) (Civil Appeal E021 of 2022) [2022] KEHC 13659 (KLR) (13 October 2022) (Ruling)
✦ The extension of time for compliance with conditions for stay of execution is declined, and time for filing the appeal is extended for 30 days from today's date
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Shariff, Administrator of the Estate of Jim Choge (Deceased) & 2 others v Chief Land Registrar & 3 others (Judicial Review Application 570 of 2017) [2022] KEHC 18084 (KLR) (Judicial Review) (13 October 2022) (Ruling)
✦ The application is dismissed with costs
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Republic v Kenya Forest Service & 3 others; Warui (Exparte Applicant) (Judicial Review Miscellaneous Application 1 of 2022) [2022] KEHC 14160 (KLR) (13 October 2022) (Ruling)
✦ The Applicant's application for stay is granted.
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Kimathi v Republic (Criminal Appeal E037 of 2022) [2022] KEHC 13656 (KLR) (13 October 2022) (Judgment)
✦ The court found that penetration was not proved and that the circumstances of the visual identification of the appellant were not free from error, leading to a miscarriage of justice.
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Republic v Thierere (Criminal Case 4 of 2017) [2022] KEHC 13969 (KLR) (13 October 2022) (Ruling)
✦ The prosecution has made a prima facie case against the accused and is hereby called upon to give his defence.
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Republic v Manyara & another (Criminal Case 4 of 2014) [2022] KEHC 13645 (KLR) (13 October 2022) (Judgment)
✦ The accused persons were found guilty of murder.
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South Nyanza Sugar Company Ltd v Aoro (Civil Appeal 59 of 2019) [2022] KEHC 14136 (KLR) (13 October 2022) (Judgment)
✦ The court held that the respondent did not develop the 2 ratoon crops and that the appellant was not entitled to damages.
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Ali v Mohammed & 3 others (Constitutional Petition 1 of 2020) [2022] KEHC 13769 (KLR) (13 October 2022) (Ruling)
✦ The court declared that the petitioner's right to a fair trial under article 50 of the Constitution was violated and quashed the order requiring the petitioner to pay 6,000 US dollars.
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Kirunya v Republic (Criminal Appeal 57 of 2019) [2022] KEHC 13657 (KLR) (13 October 2022) (Judgment)
✦ The 20-year sentence is ordered to commence from the date of arrest, February 13, 2012.
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Republic v Director of Public Prosecutions & 2 others; Lightwares Company Limited (Interested Party); Wagude (Exparte) (Judicial Review Miscellaneous Application E175 of 2021) [2022] KEHC 13970 (KLR) (Judicial Review) (13 October 2022) (Judgment)
✦ The court will not interfere with the exercise of prosecutorial discretion by the Director of Public Prosecutions (DPP) sparingly.
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Mwethaga v Chris M. Gaturu t/a Crima Enterprises & 3 others (Civil Case 1353 of 1998) [2022] KEHC 14623 (KLR) (Commercial and Tax) (13 October 2022) (Judgment)
✦ The court found the sale to be irregular and unlawful, and set it aside.
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Katuta v Kiilu (Civil Appeal E37 of 2020) [2022] KEHC 14196 (KLR) (13 October 2022) (Judgment)
✦ The court upholds the trial court's rulings and dismisses the appeal.