Kenyan case law
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Barasa v Republic (Criminal Appeal E033 of 2021) [2022] KEHC 14080 (KLR) (13 October 2022) (Judgment)
✦ The appeal on conviction is dismissed, and the appeal on sentence is partly successful. The sentence of life imprisonment is set aside and replaced with a sentence of 30 years' imprisonment.
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Njama Company Limited v Univeristy of Nairobi (Civil Case 175 of 2019) [2022] KEHC 14621 (KLR) (Commercial and Tax) (13 October 2022) (Judgment)
✦ The plaintiff's claim for the final certificate amount is dismissed with each party bearing their own costs.
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National Industrial Credit Bank & 2 others v Makau & 2 others (Civil Appeal E33 of 2021) [2022] KEHC 17279 (KLR) (13 October 2022) (Ruling)
✦ The application is struck out with costs.
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Anwarali & Brothers Limited v Wahinya (Civil Appeal 146 of 2012 & 529 of 2016 (Consolidated)) [2022] KEHC 14139 (KLR) (Civ) (13 October 2022) (Judgment)
✦ The appeal is dismissed with costs to the Respondent, as the trial court's award on general damages was reasonable.
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Republic v County Secretary of Migori County Government & another; Robi & another (Exparte Applicants) (Judicial Review 8B of 2022) [2022] KEHC 13906 (KLR) (13 October 2022) (Judgment)
✦ The ex-parte applicants are entitled to an order of mandamus and costs.
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Hasham Lalji Properties Limited & 3 others v Lalji & 2 others; Lalji (Applicant); Lalji & another (Respondent) (Civil Case E148 of 2019) [2022] KEHC 14612 (KLR) (Commercial and Tax) (13 October 2022) (Ruling)
✦ The court ordered appropriate punishment for the contempt, sequestration and attachment of properties, substitution of Grant Thornton with PSJ Consultants Limited as Receiver Managers, and costs to be met by the Respondent.
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Muje t/a Gamunje Limited & another v Mutie (Civil Application E209 of 2022) [2022] KEHC 14467 (KLR) (Civ) (13 October 2022) (Ruling)
✦ The application is allowed with the terms that the applicants file and serve their memorandum of appeal within seven days, the record of appeal within sixty days, and the proceedings are stayed pending the hearing and determination of the intended appeal.
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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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Bachu Industries Ltd v Buzeki Enterprises Ltd (Insolvency Petition E033 of 2020) [2022] KEHC 14460 (KLR) (Civ) (13 October 2022) (Ruling)
✦ The application is dismissed.
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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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Mulwa v China WU YI Company Limited (Civil Appeal 157 of 2018) [2022] KEHC 14066 (KLR) (13 October 2022) (Judgment)
✦ The Appeal is upheld with regard to quantum, and the Appellant is awarded Kshs 1,000,000/- in general damages.
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Gakwamba Farmers Co-op Society Ltd v Rao & 6 others (Civil Case E697 of 2021) [2022] KEHC 14604 (KLR) (Commercial and Tax) (13 October 2022) (Ruling)
✦ The court annuls the notices of change of advocates and withdrawal of the suit and directs the plaintiff to convene a special general meeting to appoint a new advocate.
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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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Republic v County Secretary Nairobi City County; GK (Minor Suing through Next Friend & Grandmother FNK) (Interested Party/Exparte Applicant) (Judicial Review Application E016 of 2022) [2022] KEHC 13719 (KLR) (Judicial Review) (13 October 2022) (Judgment)
✦ The application is properly before the court and should be determined on its merits.
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Wakuha v Republic (Criminal Appeal 39 of 2020) [2022] KEHC 14088 (KLR) (13 October 2022) (Judgment)
✦ The appeal on conviction is dismissed, and the sentence of 20 years' imprisonment is reduced to 15 years.
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In re Baby M (Minor) (Adoption Cause E013 of 2016) [2022] KEHC 14105 (KLR) (13 October 2022) (Judgment)
✦ This court allows the applicants' application to adopt Baby M
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Ngenye & another v Aswani (Miscellaneous Civil Application E361 of 2021) [2022] KEHC 13879 (KLR) (Civ) (13 October 2022) (Ruling)
✦ The motion for leave to appeal out of time is granted, and the applicants are directed to file the appeal within 14 days.
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Cool Collections Limited v Commissioner of Investigations and Enforcement (Income Tax Appeal E133 of 2021) [2022] KEHC 14526 (KLR) (Commercial and Tax) (13 October 2022) (Ruling)
✦ The court allows the application and issues an order for a stay of execution pending the appeal.
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South Nyanza Sugar Company Ltd v Agutu (Civil Appeal 31 of 2019) [2022] KEHC 14135 (KLR) (13 October 2022) (Judgment)
✦ The court found that the respondent did not prove breach of contract and that the appellant was not entitled to damages.
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Nderitu v Republic (Criminal Revision E031 of 2022) [2022] KEHC 13665 (KLR) (13 October 2022) (Ruling)
✦ The court upholds the trial judge's decision and sentence, finding that the provisions of section 333(2) were considered and the principles in the Muruatetu decision were applied.
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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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Aliow v Republic (Criminal Appeal E031 of 2021) [2022] KEHC 15082 (KLR) (13 October 2022) (Judgment)
✦ The court found that the prosecution proved the elements of delement beyond reasonable doubt, including penetration and the age of the victim. The court also found that the sentence was legal and constitutional.
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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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Izwe Loans Kenya Limited v County DCI, Turkana County & another (Criminal Revision E118 of 2021) [2022] KEHC 13993 (KLR) (13 October 2022) (Ruling)
✦ The ex-parte orders of permanent injunctions are set aside, and the criminal proceedings are remitted back to the trial court to rehear the same.
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Richard v Ntoiti (Civil Appeal E134 of 2021) [2022] KEHC 13865 (KLR) (13 October 2022) (Judgment)
✦ The appeal is dismissed. The liability of the appellant is upheld. The quantum of damages is upheld.