Kenyan case law
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Robinson Onyango Malombo t/a O. M. Robinson & Co. Advocates v Ephraim (Miscellaneous Application E010 of 2021) [2022] KEHC 14426 (KLR) (7 October 2022) (Judgment)
✦ The court finds that a successful litigant is entitled to the fruits of his judgment and enters judgment in favour of the applicant.
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CIC General Insurance Company Limited v Nyabera (Civil Suit 19 of 2014) [2022] KEHC 13887 (KLR) (7 October 2022) (Judgment)
✦ The defendant is not liable for the other unauthorized passengers not included in the policy document.
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Khaoya & another v Prosecutions (Criminal Appeal 25 of 2020) [2022] KEHC 13846 (KLR) (7 October 2022) (Judgment)
✦ The conviction and sentence are quashed, and the appellants are set free.
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Masinde v Republic (DPP) (Miscellaneous Criminal Application E071 of 2021) [2022] KEHC 13711 (KLR) (7 October 2022) (Ruling)
✦ The application is dismissed as the applicant did not file any affidavits and the court finds no evidence of bias.
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HWCR v RR; World Vegetable Centre (Interested Party) (Miscellaneous Application E225 of 2021) [2022] KEHC 13790 (KLR) (Family) (7 October 2022) (Ruling)
✦ The application is dismissed as it is not anchored on a petition as required by the enabling rules.
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Nduya Muthama & another v Tea Tot Hotel Limited & another (Civil Appeal E484 of 2021) [2022] KEHC 13831 (KLR) (Civ) (7 October 2022) (Ruling)
✦ The appellants' application for a stay of execution is dismissed with costs.
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Republic v Musera (Criminal Case 48 of 2018) [2022] KEHC 13759 (KLR) (7 October 2022) (Ruling)
✦ The accused is placed on her defence and the case is remanded for further proceedings.
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Sifa Insurance Brokers Company Limited v Maseno University (Civil Case 460 of 2007) [2022] KEHC 14137 (KLR) (Commercial and Tax) (7 October 2022) (Ruling)
✦ The application is found to be devoid of merit and is thus dismissed.
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In re Estate of Makokha Idris Musindalo (Succession Cause 13 of 2017) [2022] KEHC 13765 (KLR) (7 October 2022) (Judgment)
✦ The grant of administration is postponed, and the administrators are directed to file and serve a full inventory of all debts owed by the estate to financial institutions within 45 days. The assets are to be valued and the valuation reports lodged within 45 days. Final orders on distribution shall be made only after full compliance with all the directions given.
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Robinson Onyango Malombo t/a OM Robinson & Co Advocates v Ephraim (Miscellaneous Application E011 of 2021) [2022] KEHC 14579 (KLR) (7 October 2022) (Judgment)
✦ The court is inclined to enter judgment in favor of the applicant as prayed for.
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In re Estate of Samuel Martin Kipsang Arap Maseri – (Deceased) (Succession Cause 816 of 1985) [2022] KEHC 14754 (KLR) (Family) (7 October 2022) (Judgment)
✦ The 1st Respondent is the duly appointed Executor and the suit property belongs to the estate.
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Republic v Odhiambo & another (Criminal Revision E051 ‘B’ of 2021) [2022] KEHC 13860 (KLR) (7 October 2022) (Ruling)
✦ The court orders a revision and reinstates the case against the respondents to be heard by the trial court or another judicial officer.
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Bajaber Stores Limited v Mohamed & another (Both Suing as the Legal Representatives/Administrators of the Estate of Mohamed Adan Mohamed Deceased) (Civil Appeal 128 of 2019) [2022] KEHC 17082 (KLR) (7 October 2022) (Judgment)
✦ The Court finds that the respondents had the proper locus standi to sue on behalf of the deceased's estate and that they can claim loss of dependency and pain and suffering damages.
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Republic v Oyoo & another (Criminal Case E009 of 2022) [2022] KEHC 13673 (KLR) (7 October 2022) (Ruling)
✦ Both accused persons are sentenced to serve 5 years imprisonment for manslaughter.
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Tasha Enterprises (K) Limited v Barasa (Civil Appeal 84 of 2018) [2022] KEHC 13886 (KLR) (7 October 2022) (Judgment)
✦ The appellant is not liable for the accident and is discharged from liability
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PCL (Suing as legal representative and administrator of the Estate of AL - Deceased) v Kenya Power & Lighting Co Ltd (Civil Appeal 20 of 2019) [2022] KEHC 14149 (KLR) (7 October 2022) (Judgment)
✦ Affirming the judgment of the trial court
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Mlanga v Adongo (Succession Cause 3042 of 2003) [2022] KEHC 13904 (KLR) (Family) (7 October 2022) (Ruling)
✦ Mlanga is not a dependant/beneficiary of the estate and has no locus to make the application.
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Republic v Mang’eni (Criminal Case 49 of 2014) [2022] KEHC 13667 (KLR) (7 October 2022) (Ruling)
✦ The accused is put on her defence.
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In re Estate of Kimagut Arap Ngeno (Deceased) (Succession Cause 259 of 1999) [2022] KEHC 13736 (KLR) (7 October 2022) (Judgment)
✦ The children of Esther Ngeno Chelelgo are not dependants of the deceased and the suit property belongs to them and should be shared as proposed by Wilson Kipyegon Langat.
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Njege v Careprime General Merchants Ltd & another (Civil Appeal 25 of 2020) [2022] KEHC 16089 (KLR) (Civ) (7 October 2022) (Judgment)
✦ The learned magistrate was functus o�cio and the application was dismissed.
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Instalaciones Inabensa S.A. v Kenya Electricity Transmission Co. Limited (KETRACO) (Miscellaneous Application E445 of 2019) [2022] KEHC 13677 (KLR) (Commercial and Tax) (7 October 2022) (Ruling)
✦ The court dismissed KETRACO's application for review.
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In re Estate of Jonathan Wepukhulu (Deceased) (Succession Cause 71 of 1998) [2022] KEHC 14003 (KLR) (7 October 2022) (Judgment)
✦ The court directs the rms of Sichangi & Co Advocates and Onyinkwa & Co Advocates to provide an up-to-date statement of rent collected on account of the estate. The 1st petitioner is required to file and serve an up-to-date account of the rent collected from October 21, 2004. The parties are to file an extract of the green card relating to parcel numbers Ndivisi/khalumuli/5451 and Ndivisi/khalumuli/4694.
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In re Estate of Peter Okumu Webala (Deceased) (Succession Cause 103 of 2010) [2022] KEHC 14153 (KLR) (7 October 2022) (Judgment)
✦ The estate is divided equally among the 5 households, with each household receiving 4.6 acres.
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Chepkwony v Chetambe & another (Civil Suit 15 of 1995) [2022] KEHC 13862 (KLR) (7 October 2022) (Ruling)
✦ The application is dismissed with costs as the decree has not become stale and there have been attempts at execution within 12 years.
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Mutua v Mutua (Civil Case E259 of 2021) [2022] KEHC 13557 (KLR) (Civ) (7 October 2022) (Ruling)
✦ The court denied the summary judgment application because the defendant's defence raised triable issues and the defendant was entitled to a fair hearing.