Kenyan case law
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Momentum Credit Limited v Kabuiya (Civil Appeal E035 of 2022) [2022] KEHC 13705 (KLR) (Commercial and Tax) (7 October 2022) (Judgment)
✦ The in duplum rule is not applicable to non-deposit taking money lending institutions.
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Muburi-Muita v Standard Group Limited & 5 others (Civil Suit 74 of 2016) [2022] KEHC 13832 (KLR) (Civ) (7 October 2022) (Ruling)
✦ The court denied the application for leave to amend the plaint.
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Mayfair Insurance Company Limited v Mwangi & another (Civil Appeal E050 of 2021) [2022] KEHC 13701 (KLR) (Civ) (7 October 2022) (Judgment)
✦ The appeal is without merit and is dismissed with costs to the 1st respondent.
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Standard Chartered Bank Of Kenya Limited & another v Kaburu & another (Civil Appeal E073 of 2022) [2022] KEHC 13546 (KLR) (Commercial and Tax) (7 October 2022) (Judgment)
✦ The court dismissed the respondents' application for an interlocutory injunction and set aside the order granting the injunction.
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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 Kipneno Arap Chepkwony (Deceased) (Succession Cause 36 of 1991) [2022] KEHC 14256 (KLR) (7 October 2022) (Ruling)
✦ The grant of Letters of Administration was not obtained fraudulently and by concealment of material facts, and the district Registrar is not compelled to annul or cancel the Title.
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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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In re Petition for Orders of Custody, Management and Guardianship Relating to JMA (Patient) (Petition E069 of 2022) [2022] KEHC 14758 (KLR) (Family) (7 October 2022) (Judgment)
✦ The subject is declared to be a person suffering from mental illness under the Mental Health Act. The petitioner, Elizaphan Areba Nyang’ate, is appointed as legal guardian and manager of the subject's estate.
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Mutiso v Mutiso (Civil Appeal 60 of 2018) [2022] KEHC 13688 (KLR) (6 October 2022) (Ruling)
✦ The Court has jurisdiction to grant the stay of execution pending the appeal as the Notice of Appeal was filed and lodged in time.
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Zebedayo v Republic (Criminal Appeal E 012 of 2022) [2022] KEHC 13478 (KLR) (6 October 2022) (Judgment)
✦ The appeal is dismissed on conviction, and the sentence is reduced from 20 years to 12 years imprisonment.
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Ndeda v Republic (Miscellaneous Criminal Application 76 of 2018) [2022] KEHC 13772 (KLR) (6 October 2022) (Ruling)
✦ The application for resentencing is dismissed as there is an appeal pending before the Court of Appeal and the applicant was convicted for robbery with violence, not murder.
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SG v Standard Media Group & 3 others (Constitutional Petition E066 of 2021) [2022] KEHC 13633 (KLR) (6 October 2022) (Judgment)
✦ The petition has no merits and is dismissed with no orders as to costs.
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Republic v Ruto (Criminal Case 12 of 2018) [2022] KEHC 13828 (KLR) (6 October 2022) (Ruling)
✦ The court convicted Ruto of manslaughter and sentenced him to ten (10) years in prison.
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RMM v HKF (Civil Suit 1 of 2020) [2022] KEHC 13776 (KLR) (6 October 2022) (Ruling)
✦ The court has jurisdiction to declare the rights of a spouse in any property, whether matrimonial or not.
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Nzoia Sugar Company Limited v R.M Patel & Partners Limited (Civil Appeal 96 of 2022) [2022] KEHC 13402 (KLR) (6 October 2022) (Ruling)
✦ The court allows the application on the condition that Kshs 5,972,751.17 admittedly owed to the respondent is paid within thirty (30) days from the date hereof, failure to which the respondent is at liberty to execute.
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Ndurumo v Republic (Criminal Revision E029 of 2021) [2022] KEHC 13811 (KLR) (6 October 2022) (Ruling)
✦ The trial court erred in ordering the forfeiture of cash bail without affording the applicant an opportunity to show cause
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In re the Estate of M’ikiamba Karitho (Deceased) (Succession Cause 122 of 2004) [2022] KEHC 13793 (KLR) (6 October 2022) (Ruling)
✦ The Applicant’s summons for revocation is dismissed with costs to the Respondent
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Kimani v Republic (Criminal Case 14 of 2014) [2022] KEHC 13426 (KLR) (6 October 2022) (Judgment)
✦ The court found that the prosecution had established a prima facie case and that the accused, along with Mwikali, committed the murder.
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Kairanya v M'aburuki & another (Miscellaneous Civil Application E013 of 2021) [2022] KEHC 13695 (KLR) (6 October 2022) (Ruling)
✦ The court grants leave to appeal out of time and grants an extension of time to comply with the court's orders
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Mirugi Kariuki & Co Advocates v Chege & another (Miscellaneous Application 21 of 2018) [2022] KEHC 13596 (KLR) (6 October 2022) (Ruling)
✦ The application is allowed to the extent that the certificate of costs dated January 28, 2022 is adopted as the order and or decree of this court.
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In re BT(Baby ) (Adoption Cause E021 of 2021) [2022] KEHC 13446 (KLR) (6 October 2022) (Judgment)
✦ The court finds the adoption is in the best interest of the baby and authorizes SPM and ENM to adopt BT.
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Mwinzi & another v Kimanzi & 4 others (Civil Case E12 of 2021) [2022] KEHC 13406 (KLR) (6 October 2022) (Ruling)
✦ The court allowed the applications with temporary injunctions and other interim orders pending the main suit.
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Republic v Mwema & 8 others (Criminal Case 05 of 2017) [2022] KEHC 13469 (KLR) (6 October 2022) (Ruling)
✦ All the nine accused persons have no case to answer and are acquitted of the charge.
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Wafula v Republic (Criminal Appeal 34 (E044) of 2021) [2022] KEHC 17280 (KLR) (6 October 2022) (Judgment)
✦ The Court upheld the sentence of 15 years in prison, finding that the trial court exercised discretion judicially and did not consider an irrelevant factor.
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SMK v Republic (Miscellaneous Criminal Application E017 of 2022) [2022] KEHC 13770 (KLR) (Crim) (6 October 2022) (Ruling)
✦ The application for leave to appeal out of time is struck out as the directions of the DPP were not orders of a court of law and the accused was not convicted and sentenced by a court.