Kenyan case law
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Okwiri v Republic (Miscellaneous Criminal Application E081 of 2022) [2022] KEHC 13893 (KLR) (11 October 2022) (Ruling)
✦ The application is dismissed as there is no merit and no evidence of pauperism.
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Shah And Parekh v Kenindia Assurance Company Limited (Miscellaneous Civil Application 405 of 2017) [2022] KEHC 13786 (KLR) (Civ) (11 October 2022) (Ruling)
✦ The court orders the striking out of the reference with costs.
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Republic v Juma & another (Criminal Case 7 of 2018) [2022] KEHC 15124 (KLR) (11 October 2022) (Ruling)
✦ The trial is declared a mistrial and a retrial is ordered in Nairobi Criminal Division
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Chiande v Republic (Miscellaneous Criminal Application E056 of 2021) [2022] KEHC 13852 (KLR) (11 October 2022) (Ruling)
✦ The court dismisses the application for sentence review, stating that it lacks jurisdiction to reconsider the sentence as found by the Court of Appeal.
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Elumbe v Republic (Criminal Revision E423 of 2021) [2022] KEHC 13666 (KLR) (Crim) (11 October 2022) (Ruling)
✦ The sentence is reduced to the period served, and the applicant is released forthwith unless lawfully held.
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Chemutai v TSS Express Limited (Civil Appeal 105 of 2018) [2022] KEHC 13617 (KLR) (11 October 2022) (Judgment)
✦ The court found that the appellant established she was involved in the accident and sustained injuries, but the court also found that the appellant's evidence of sustaining injuries was not sufficiently substantiated.
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Macharia v Republic (Criminal Appeal E002 of 2022) [2022] KEHC 15157 (KLR) (11 October 2022) (Judgment)
✦ The court found that the prosecution did not prove its case beyond reasonable doubt and that the trial court erred in shifting the burden of proof.
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In re Estate of Mawere Nyambara alias Opiyo (Succession Cause 5 of 2020) [2022] KEHC 13710 (KLR) (11 October 2022) (Ruling)
✦ Application allowed, respondents directed to sign mutation forms within seven days
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Hamsa v Republic (Miscellaneous Criminal Application E086 of 2022) [2022] KEHC 13899 (KLR) (11 October 2022) (Ruling)
✦ The application for leave to appeal out of time is dismissed as misguided and mischievous.
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In re Estate of Jackin Murithi Samson (Deceased) (Succession Cause E025 of 2022) [2022] KEHC 13975 (KLR) (11 October 2022) (Ruling)
✦ The court declines to issue a limited grant as it is not a special purpose grant and the applicant has priority to obtain letters of administration.
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Okinja v Republic (Miscellaneous Criminal Application E074 of 2022) [2022] KEHC 13738 (KLR) (11 October 2022) (Ruling)
✦ The court declines the request and orders the applicant to pay for certified copies of proceedings and judgment and for the preparation of the record of appeal.
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Macharia v Githendu (Probate & Administration E0015 of 2021) [2022] KEHC 13859 (KLR) (11 October 2022) (Ruling)
✦ The grant ad litem is upheld for ninety days to enable the respondent to file or cause to be filed either a petition for grant of letters of administration or a citation requiring the persons most entitled to do so.
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Okwiri v Republic (Miscellaneous Criminal Application E081 of 2022) [2022] KEHC 14026 (KLR) (11 October 2022) (Ruling)
✦ The application is dismissed as there is no merit and no evidence of pauperism.
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Malonza v The Nairobi City County & 2 others (Petition E027 of 2021) [2022] KEHC 13632 (KLR) (Constitutional and Human Rights) (11 October 2022) (Judgment)
✦ The court found that the petitioner's rights were violated and ordered the respondents to release the petitioner's motor vehicle within seven days or any shorter period as the court may deem fit.
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Karanja v Abdulkarim & another (Civil Suit 443 of 2014) [2022] KEHC 13987 (KLR) (Civ) (11 October 2022) (Ruling)
✦ The motion to set aside ex parte proceedings and directions is dismissed with costs.
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Katunda v Republic (Criminal Appeal E035 of 2022) [2022] KEHC 13654 (KLR) (11 October 2022) (Judgment)
✦ The appeal is dismissed as the plea was unequivocal and the conviction and sentence are within the law.
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Kamunyi v Wachira (Civil Appeal 55 of 2018) [2022] KEHC 13774 (KLR) (11 October 2022) (Judgment)
✦ The trial court found that there was no proof that the case had been concluded, and thus the Appellant is not entitled to a refund of the loan amount with interest.
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Sagalla Ranchers Limited v Mwadilo & another (Civil Suit 1 of 2018) [2022] KEHC 14511 (KLR) (11 October 2022) (Ruling)
✦ The court dismissed the preliminary objection and allowed the suit to proceed.
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Njeru & another v Nyakundi (Civil Appeal E021 of 2021) [2022] KEHC 13963 (KLR) (11 October 2022) (Judgment)
✦ The judgment of the trial court on both liability and quantum is set aside. The court substitutes an assessment of quantum for general damages for Kshs 200,000/= and liability at 80%:20% in favor of the respondent.
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Wairegi v Republic (Criminal Appeal 17 of 2020) [2022] KEHC 15083 (KLR) (11 October 2022) (Judgment)
✦ The court finds that the ingredients of the offence of robbery with violence have been proved beyond reasonable doubt. The appellant was in company with another person, and the complainant had sustained injuries consistent with someone roughly manhandled and thrown out of the motor vehicle.
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Oluoch v Republic (Miscellaneous Criminal Application E096 of 2022) [2022] KEHC 14029 (KLR) (11 October 2022) (Ruling)
✦ The application is dismissed as misguided and not merited.
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Republic v Njeru (Criminal Case 5 of 2018) [2022] KEHC 13684 (KLR) (11 October 2022) (Judgment)
✦ The court found the prosecution did not prove its case beyond reasonable doubt and acquitted the accused of murder.
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In re Baby RKM (Adoption Cause E178 of 2022) [2022] KEHC 14902 (KLR) (Family) (11 October 2022) (Judgment)
✦ The court finds that all legal prerequisites for adoption have been met, and the applicant is a suitable adoptive parent. The child's consent has also been obtained.
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Mwaiwa v Republic (Criminal Appeal E045 of 2021) [2022] KEHC 13636 (KLR) (11 October 2022) (Judgment)
✦ The appeal is dismissed. The conviction and sentence are upheld.
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Kirti Enterprises Limited v Wadia Contruction Company Limited; I&M Bank Limited (Objector) (Civil Suit E263 of 2021) [2022] KEHC 13734 (KLR) (Civ) (11 October 2022) (Ruling)
✦ The judgment against the defendant should not be set aside. The debentures create a first specific fixed charge over the defendant's plant machinery and vehicles, and the objector's motion must succeed.