Kenyan case law
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Republic v Musami (Criminal Case 31 of 2018) [2023] KEHC 26798 (KLR) (19 December 2023) (Sentence)
✦ The accused is sentenced to 15 years in prison, to run from June 22, 2018.
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Opati v Republic (Criminal Appeal E005 of 2022) [2023] KEHC 27087 (KLR) (19 December 2023) (Judgment)
✦ The appeal is dismissed, and the conviction and sentence are upheld.
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Kiriso v Republic (Miscellaneous Criminal Application 53 of 2023) [2023] KEHC 26675 (KLR) (19 December 2023) (Ruling)
✦ The applicant is granted leave to file their appeal out of time within 21 days from the date of this ruling.
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South Nyanza Sugar Co. Ltd v Ochola (Civil Appeal 35 of 2021) [2023] KEHC 26659 (KLR) (19 December 2023) (Judgment)
✦ The court found that the respondent did not prove breach of contract and the suit was not statute barred. The court also found that the respondent was not entitled to damages awarded.
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Kyoga Hauliers v Okoddi (Civil Appeal 58 of 2022) [2023] KEHC 26762 (KLR) (19 December 2023) (Judgment)
✦ The appeal is dismissed with costs to the respondent
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Republic v Lukulu (Criminal Case 16 of 2014) [2023] KEHC 27143 (KLR) (19 December 2023) (Sentence)
✦ The accused is sentenced to be released immediately, with a right of appeal for 14 days.
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Republic v Muhanda & 3 others (Criminal Revision Application E237 of 2020) [2023] KEHC 26767 (KLR) (19 December 2023) (Ruling)
✦ The court certifies the application as urgent and revises the impugned order to direct the case to proceed from the last point it had reached, the cross-examination of the investigating officer.
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Okolo v Cabinet Secretary, Treasury & another (Constitutional Petition 19 of 2014) [2023] KEHC 26809 (KLR) (19 December 2023) (Judgment)
✦ The Director of Pensions is in contempt of court orders and the court orders the Director to appear for mitigation and sentence.
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Awalo & another v Republic (Criminal Petition E008 of 2021) [2023] KEHC 27109 (KLR) (19 December 2023) (Ruling)
✦ The petition is dismissed.
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Republic v Arunga (Criminal Case 18 of 2019) [2023] KEHC 26799 (KLR) (19 December 2023) (Sentence)
✦ The accused is sentenced to 20 years in prison, to run from the date of conviction.
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Omosa v Isaac (Succession Cause E090 of 2023) [2023] KEHC 27136 (KLR) (19 December 2023) (Ruling)
✦ The Court dismissed the Applicant's application for review and appeal, as one cannot file for review and appeal simultaneously.
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Enk Enterprises v Magolo & another (Suing as the administrators of the Estate of Gabriel Odinga Otieno - Deceased) (Civil Appeal E007 of 2022) [2023] KEHC 26978 (KLR) (19 December 2023) (Judgment)
✦ The liability is set aside and substituted with a 50:50 split. The award of Kshs 1,807,262 in general damages is upheld, and Kshs 70,550 in special damages is upheld.
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United Millers Limited v Wanjiku (Civil Appeal E059 of 2022) [2023] KEHC 26808 (KLR) (19 December 2023) (Judgment)
✦ The appeal is dismissed as the award of general damages by the trial court is not outrageously erroneous or unreasonable.
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Republic v Kariuki (Criminal Case E017 of 2022) [2023] KEHC 26671 (KLR) (19 December 2023) (Judgment)
✦ The accused was found guilty of murder.
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Mamo & another v Directorate of Criminal Investigations & 3 others (Miscellaneous Criminal Application E022 of 2023) [2023] KEHC 27033 (KLR) (19 December 2023) (Ruling)
✦ The application is certified urgent, and the 1st applicant is admitted to anticipatory bail in the sum of Kshs 100,000 to be deposited in court. The respondents are at liberty to investigate or charge the applicant for any criminal conduct, but they shall not arrest or detain him.
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Achuti v Republic (Criminal Revision 101 of 2023) [2023] KEHC 26995 (KLR) (19 December 2023) (Ruling)
✦ The application is not certified urgent. The deputy registrar is directed to avail the lower court and High Court files untyped within 60 days from the date hereof. The applicant is directed to serve the respondent within 7 days from the date hereof. The respondent is directed to file a response within 14 days. The matter shall be mentioned on March 14, 2024 for directions.
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In re TKM (Minor) (Adoption Cause E005 of 2021) [2023] KEHC 27280 (KLR) (19 December 2023) (Judgment)
✦ The court grants an adoption order to SMO and DTO, authorizing them to adopt TKM and appointing ATO as the Legal Guardian.
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Musyoka v Republic (Criminal Petition E015 of 2023) [2023] KEHC 26711 (KLR) (19 December 2023) (Ruling)
✦ The application is dismissed as the applicant had a right of appeal but chose not to do so.
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Republic v Karimi (Criminal Case E009 of 2023) [2023] KEHC 27314 (KLR) (19 December 2023) (Ruling)
✦ The application is dismissed. The accused will be accorded a fair trial, and the absence of call data records of her husband will not prejudice the trial.
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Republic v Firearms Licensing Board & another; Ahmed (Exparte Applicant) (Judicial Review Miscellaneous Application E089 of 2023) [2023] KEHC 26973 (KLR) (Judicial Review) (19 December 2023) (Judgment)
✦ The court granted the application for Certiorari, Mandamus, and Prohibition, and ordered the issuance of necessary licenses and the prohibition of arbitrary confiscation of firearms.
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Mwangi v Rebublic (Criminal Appeal E001 of 2023) [2023] KEHC 26636 (KLR) (19 December 2023) (Judgment)
✦ The appeal is dismissed. The charge was not defective, the prosecution proved its case beyond reasonable doubt, the appellant was positively identified, and the sentence was not harsh and excessive.
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Kenga & another (Suing as Administrators of the Estate of Patrick Mwayi Wafula - Deceased) v Cheruyoit (Civil Appeal 128 of 2021) [2023] KEHC 27225 (KLR) (19 December 2023) (Judgment)
✦ The court affirmed the judgment of the trial court on quantum only, dismissing the appeal.
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Lantey v Land Registrar Kajiado; Lantey (Interested Party) (Miscellaneous Application E017 of 2022) [2023] KEHC 27307 (KLR) (19 December 2023) (Ruling)
✦ The court extended time for the filing of the reference and granted a stay of execution to the applicant.
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Republic v Makotsi (Criminal Case 49 of 2016) [2023] KEHC 26781 (KLR) (19 December 2023) (Sentence)
✦ The court sentences the accused to 10 years in prison, less the 6 years he has already spent in remand, to be served from the date of conviction.
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Nzuki & another v Musyoki (Civil Appeal 273 of 2023) [2023] KEHC 26712 (KLR) (19 December 2023) (Ruling)
✦ The court granted the appellants' prayer for an order of stay of execution pending appeal, subject to them paying half the decretal sum and depositing the other half in a joint interest earning account.