Kenyan case law
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Momentum Credit Limited v Mwaura (Civil Appeal E085 of 2021) [2022] KEHC 13720 (KLR) (Commercial and Tax) (7 October 2022) (Judgment)
✦ The court sets aside the judgment of the small claims court and orders a judgment for the appellant for Kshs 1,000,000.
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Republic v Maina & another (Criminal Case 48 of 2016) [2022] KEHC 13848 (KLR) (7 October 2022) (Ruling)
✦ The accused persons are put on their defence.
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Republic v Lumonye & 2 others (Criminal Case 25 of 2019) [2022] KEHC 13671 (KLR) (7 October 2022) (Ruling)
✦ The court finds and holds that there is no material upon which to convict the accused of murder.
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Manana & 4 others v Director of Surveys & another; County Government of Bungoma & 4 others (Interested Parties) (Constitutional Petition 9 of 2019) [2022] KEHC 14145 (KLR) (7 October 2022) (Judgment)
✦ The court finds that the petitioners' complaint is not within the jurisdiction of the court and dismisses the petition.
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Hussein Builders Limited v Kyova & another (Suing as legal representatives of the estate of Hastings Muendo Nzive – Deceased) (Civil Appeal 625 of 2019) [2022] KEHC 14617 (KLR) (Civ) (7 October 2022) (Ruling)
✦ The court found that the Respondents proved their case on liability on balance of probability.
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In re Estate of Juma Tsabuko Nyawanga (Deceased) (Succession Cause 699 of 2011) [2022] KEHC 13604 (KLR) (7 October 2022) (Ruling)
✦ The applicant's application for leave to file a notice of appeal is granted.
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Republic v Rono (Criminal Case 11 of 2019) [2022] KEHC 13743 (KLR) (7 October 2022) (Ruling)
✦ The court rules that the accused has a case to answer.
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Manyoli v Omuka & another (Civil Appeal 57 of 2019) [2022] KEHC 14046 (KLR) (7 October 2022) (Judgment)
✦ The appeal is dismissed with costs to the respondents.
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Paragon Electronics v Velos Enterprises Limited (Civil Case 289 of 2009 & 285 of 2010 (Consolidated)) [2022] KEHC 14009 (KLR) (Commercial and Tax) (7 October 2022) (Ruling)
✦ The court finds that the rm of Oraro and Company Advocates are properly on record.
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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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Rachuonyo & Rachuonyo Advocates v National Bank of Kenya Limited (Miscellaneous Application E647 of 2020) [2022] KEHC 13637 (KLR) (Commercial and Tax) (7 October 2022) (Ruling)
✦ The reference is not incompetent. The taxing officer had jurisdiction to tax the advocate client bill of costs. The taxing officer's decision is upheld.
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In re Estate of Elizabeth Mkiwa Salim (Deceased) (Succession Cause 159 of 2013) [2022] KEHC 14552 (KLR) (7 October 2022) (Ruling)
✦ The application to add Lucas Salim as an administrator is granted.
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BM v MGW (Civil Suit 40 of 2015) [2022] KEHC 14757 (KLR) (Family) (7 October 2022) (Judgment)
✦ The court finds a valid marriage existed and the property belongs to the parties equally, with the Plainti entitled to a 50% share.
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Republic v Arunga (Criminal Case 52 of 2016) [2022] KEHC 13581 (KLR) (7 October 2022) (Ruling)
✦ The accused person is put on his defence.
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Republic v Rop (Criminal Case 30 of 2015) [2022] KEHC 13988 (KLR) (7 October 2022) (Ruling)
✦ The court rules that the accused has a case to answer.
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In re Estate of David Njenga Ngacha (Deceased) (Miscellaneous Application 742 of 2008) [2022] KEHC 14780 (KLR) (Family) (7 October 2022) (Judgment)
✦ The Grant of letters of Administration and the Certificate of Confirmed Grant are revoked. The Administrators are ordered to provide a full inventory and accounts of the estate within 60 days.
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In re Estate of Godfrey Alati Olukoye (Deceased) (Succession Cause 2044 of 2010) [2022] KEHC 14034 (KLR) (Family) (7 October 2022) (Ruling)
✦ The court directs that the summons for confirmation of the grant be heard by way of viva voce evidence, and parties are at liberty to file and exchange further evidence by October 31, 2022.
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Omulama v Attorney General & another (Civil Appeal E17 of 2020) [2022] KEHC 13845 (KLR) (7 October 2022) (Judgment)
✦ The appeal is without merit, and the suit is dismissed. Each party shall bear their own costs.
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In re Estate of Agnes Mumbi Joseph Njau (Deceased) (Succession Cause 1102 of 2016) [2022] KEHC 14897 (KLR) (Family) (7 October 2022) (Ruling)
✦ The applicant is not a beneficiary to the estate of the deceased. The dispute relates to the question of ownership of the suit land. The Environment and Land Court (ELC) is the proper forum to determine the ownership of the suit land.
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Captain Motorcycles Manufacturing Co Ltd v Wanyoike (Miscellaneous Civil Application E655 of 2021) [2022] KEHC 15600 (KLR) (Civ) (7 October 2022) (Ruling)
✦ The court finds no good reason for the delay and denies the application for leave to appeal out of time. The court also denies the application for stay of execution.
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Republic v Arunga (Criminal Case 18 of 2019) [2022] KEHC 13758 (KLR) (7 October 2022) (Ruling)
✦ The accused person is put on his defence
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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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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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Philip Ondieki Nyarieko t/a Perspective Insurance Agency v Insurance Regulatory Authority; Jubilee Insurance Company Limited & 2 others (Interested Parties) (Civil Appeal E105 of 2021) [2022] KEHC 13836 (KLR) (Commercial and Tax) (7 October 2022) (Judgment)
✦ The appeal lacks merit as the Tribunal did not err in its findings
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Wanjiru v Niyibizi & another (Civil Appeal 748 of 2019) [2022] KEHC 13700 (KLR) (Civ) (7 October 2022) (Judgment)
✦ The appeal is dismissed with costs to the 1st respondent.