Kenyan case law
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Fidelity Shield Insurance Company Limited & 2 others (Both sued as representatives of the Estate of RM and also as next friend of FM (Minor)) v Ngonyo (Civil Appeal E085 of 2021) [2022] KEHC 13951 (KLR) (12 October 2022) (Ruling)
✦ The application is dismissed with costs to the respondent.
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Awuor v Director of Public Prosecutions (Anti-Corruption and Economic Crimes Revision E011 of 2022) [2022] KEHC 14104 (KLR) (Anti-Corruption and Economic Crimes) (12 October 2022) (Judgment)
✦ The application for revision is granted, and the summons for contempt of court is set aside
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St. Damiano Medical Centre v Were (suing on behalf of the Estate of the Late Doris Nafula Palanga) (Civil Appeal E005 of 2020) [2022] KEHC 14094 (KLR) (12 October 2022) (Judgment)
✦ The appeal on quantum partly succeeds, the orders of Hon CAS Mutai dated the October 10, 2020 are hereby set aside and substituted with judgement being entered for the Respondent on quantum against the Appellant.
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Charo v University Of Nairobi (Petition E140 of 2022) [2022] KEHC 13629 (KLR) (Constitutional and Human Rights) (12 October 2022) (Ruling)
✦ The preliminary objection is sustained, and the petition is dismissed.
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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.
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Ochieng v Republic (Miscellaneous Criminal Application E131 of 2022) [2022] KEHC 13722 (KLR) (12 October 2022) (Ruling)
✦ The application is hereby found to be devoid of merit and it is hereby dismissed.
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Director of Public Prosecution v Mugambi & another (Criminal Appeal E002 of 2022) [2022] KEHC 13968 (KLR) (12 October 2022) (Ruling)
✦ The appeal is allowed, and the respondents are acquitted
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Muhula v Republic (Miscellaneous Criminal Application E129 of 2022) [2022] KEHC 14253 (KLR) (12 October 2022) (Ruling)
✦ The application is not merited due to the inordinate delay and lack of explanation.
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Opilo v Republic (Criminal Petition E007 of 2022) [2022] KEHC 14082 (KLR) (12 October 2022) (Judgment)
✦ The petitioner's petition/application is hereby struck out. The lower court file is returned.
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In re Urbanus Kyongoi Mule (Insolvency Cause 1 of 2019) [2022] KEHC 13950 (KLR) (12 October 2022) (Ruling)
✦ The court finds the petitioner bankrupt and grants relief under the Insolvency Act.
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Ndeda v Ndeda (Succession Cause 60 of 2001) [2022] KEHC 13586 (KLR) (12 October 2022) (Ruling)
✦ The protest is overruled, but the summons for confirmation of grant may not be allowed due to the proposed distribution not conforming to the Law of Succession Act.
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Paragon Electronics Limited v Bamburi Special Products (Civil Suit 314 of 2015) [2022] KEHC 13982 (KLR) (Civ) (12 October 2022) (Ruling)
✦ The court allowed the motion and ordered Ebubekir Sahin to provide the requested documents and contracts.
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Kaingu & another v Ndeto & another (Suing as the legal representatives of the Estate of Elizabeth Kanini Ndeto) (Civil Appeal 5 of 2020) [2022] KEHC 13643 (KLR) (12 October 2022) (Judgment)
✦ The appeal is dismissed with costs to the respondents.
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Asimba v Asimba (Civil Appeal E042 of 2022) [2022] KEHC 14022 (KLR) (12 October 2022) (Ruling)
✦ The memorandum of appeal is a nullity and is hereby struck out with no orders as to costs.
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Republic v Elijah (Criminal Case E018 of 2021) [2022] KEHC 13682 (KLR) (12 October 2022) (Ruling)
✦ The court found that the prosecution has made a prima facie case and the accused has a case to answer, and he is put on his defence.
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ASM v Republic (Criminal Appeal 57 of 2019) [2022] KEHC 15141 (KLR) (12 October 2022) (Judgment)
✦ The court finds that the relationship between the appellant and the complainant is established, and there is no evidence of a grudge. The court upholds the conviction and sentence.
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Repubic v Wainaina alias Kanyundo & another (Criminal Case E094 of 2021) [2022] KEHC 13693 (KLR) (Crim) (12 October 2022) (Ruling)
✦ The court dismisses the prosecution's objection to bail and orders the accused to be released on bail with certain conditions.
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Chebet & another v Makoha & another (Suing as the legal representative of the estate of the late Sammy Wamalwa Seme) (Civil Appeal 75 of 2021) [2022] KEHC 13670 (KLR) (12 October 2022) (Judgment)
✦ The court affirmed the liability of the appellants but reduced the quantum of damages.
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Watatua v Avenue Hospital Limited (Civil Case E164 of 2022) [2022] KEHC 13874 (KLR) (Civ) (12 October 2022) (Ruling)
✦ The application is dismissed with costs to the respondent.
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Oloo v Republic (Miscellaneous Criminal Application E127 of 2022) [2022] KEHC 13725 (KLR) (12 October 2022) (Ruling)
✦ Application for resentencing is dismissed as mischievous, frivolous, and vexatious
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Omondi v Republic (Miscellaneous Criminal Application E082 of 2022) [2022] KEHC 14027 (KLR) (12 October 2022) (Ruling)
✦ The application for resentencing is dismissed as the mandatory minimum sentence deprives the court of inherent discretion and the convict's right to mitigate. The convict is a serious danger to the most venerable members of society, especially those with disabilities.
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Republic v Mithamo & 2 others (Criminal Case 1 of 2019) [2022] KEHC 13655 (KLR) (12 October 2022) (Ruling)
✦ The prosecution has made a prima facie case against the accused persons and they have a case to answer and are put on their defence.
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Ayiera v Kimwomi & 3 others (Election Petition E002 of 2022) [2022] KEHC 13651 (KLR) (12 October 2022) (Ruling)
✦ Time is extended for the 1st and 2nd respondents to file and serve their response dated September 23, 2022 together with two annexed affidavits of Hon Nyaribo Amos Kimwomi and Richard Okiega Nyabate out of time
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Sijenyi v Republic (Miscellaneous Criminal Application E101 of 2022) [2022] KEHC 13897 (KLR) (12 October 2022) (Ruling)
✦ The application is declined and dismissed. The applicant is ordered to apply for certified copies of proceedings and pay for the same and for preparation of the record of appeal.
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Muhando v Republic (Criminal Appeal 123 of 2019) [2022] KEHC 14087 (KLR) (12 October 2022) (Judgment)
✦ The appeal on conviction lacks merit and is dismissed. The appeal on sentence partly succeeds, with the sentence of twenty years' imprisonment set aside and substituted with a sentence of fifteen years' imprisonment.