Kenyan case law
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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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Shabaa Civil & Engineering Construction Limited v Tullow Kenya BV (Civil Suit 2 of 2016) [2022] KEHC 13804 (KLR) (13 October 2022) (Ruling)
✦ The court supersedes the arbitration and proceeds with the suit, entering judgment in favor of the plaintiff for the outstanding payments under the contract and interest, and costs.
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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.
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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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Dudibiya v Republic (Miscellaneous Criminal Application E353 of 2021) [2022] KEHC 13994 (KLR) (Crim) (13 October 2022) (Ruling)
✦ The court finds that the trial court did not consider the provisions of section 333(2) of the Criminal Procedure Code when sentencing the applicant, and thus the sentence should be revised.
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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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BM v Republic (Criminal Appeal E006 of 2022) [2022] KEHC 13925 (KLR) (13 October 2022) (Judgment)
✦ Conviction affirmed, sentence reduced to 10 years imprisonment from the date of arrest.
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Ali v Aig Kenya Insurance Company Limited (Civil Case 184 of 2018) [2022] KEHC 14524 (KLR) (Commercial and Tax) (13 October 2022) (Ruling)
✦ The court extended the time for the defendant to comply with the ruling, granted a stay of proceedings pending the appeal, and ordered the parties to bear their own costs.
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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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Nzioka v Muthiani (Civil Appeal 76 of 2019) [2022] KEHC 14203 (KLR) (13 October 2022) (Ruling)
✦ The appeal will be dismissed for want of prosecution, but the appellant will be given a chance to prosecute the appeal within 60 days.
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Success Electronics and Transformer Manufacturers Limited v Kilewah Electro Hard & Electronics Limited; Mwangi & another (Proposed Third Parties) (Insolvency Petition E034 of 2019) [2022] KEHC 14715 (KLR) (Commercial and Tax) (13 October 2022) (Ruling)
✦ The court finds a triable issue between the applicant and the proposed third parties and grants the application for third party notices.
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West Kenya Sugar Company Limited v Attorney General & 2 others (Civil Case E981 of 2021) [2022] KEHC 14523 (KLR) (Commercial and Tax) (13 October 2022) (Ruling)
✦ The application is granted, and the suit is struck out.
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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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Kashingiri (Suing as the legal Representative of the Estate of Paul Wanyiri Kaiba) v Mukanda (Civil Appeal 46 of 2021) [2022] KEHC 13686 (KLR) (13 October 2022) (Judgment)
✦ The court finds that the appellant was bound by its bargain and retains the right to pursue payment from the insurer as she bargained.
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Mwangi & another v Kassamali & 2 others (Civil Case E896 of 2021) [2022] KEHC 14520 (KLR) (Commercial and Tax) (13 October 2022) (Ruling)
✦ The court has jurisdiction to deal with the matter and the preliminary objections are hereby dismissed.
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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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Mohamed v Abdi & another (Civil Appeal 185 of 2020) [2022] KEHC 13919 (KLR) (Civ) (13 October 2022) (Judgment)
✦ The learned magistrate erred in law and in fact in several aspects of the case.
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NLP v BEN (Originating Summons E001 of 2022) [2022] KEHC 13992 (KLR) (13 October 2022) (Ruling)
✦ An interim injunction is granted restraining BEN from evicting NLP and her children from the suit property and from interfering with the property.
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Mutua v Muthini (Civil Appeal E003 of 2022) [2022] KEHC 14282 (KLR) (13 October 2022) (Judgment)
✦ The appeal is dismissed with costs. The Trial Court judgment of December 8, 2021 is upheld.
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In re Estate of Njoroge Samwel Kiniti (Deceased) (Succession Cause 60 of 2014) [2022] KEHC 13898 (KLR) (13 October 2022) (Ruling)
✦ The grant of letters of administration is revoked, and a fresh grant is issued to the applicant. The applicant's prayer for injunctive orders is dismissed.
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Ngugi & 2 others v Sudi; Ethics & Anti-Corruption Commission & 5 others (Interested Parties) (Petition 268 of 2017) [2022] KEHC 13856 (KLR) (Constitutional and Human Rights) (13 October 2022) (Judgment)
✦ The petition was not ripe for determination since the basis for the allegations is pending in the Anti-Corruption Court.
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Gitau v Mucheru (Civil Appeal E175 of 2020) [2022] KEHC 13872 (KLR) (Civ) (12 October 2022) (Judgment)
✦ The appeal is dismissed with costs to the respondent.
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Ruto v Maru (Civil Appeal E100 of 2021) [2022] KEHC 13761 (KLR) (12 October 2022) (Judgment)
✦ The trial court's determination of liability was upheld, but the court found the award for damages to be excessive.