Kenyan case law
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Orioki v Director of Public Prosecutions & 2 others; Musembi (Interested Party); Orioki (Applicant) (Judicial Review E022 of 2025) [2025] KEHC 16258 (KLR) (5 November 2025) (Ruling)
✦ The ex parte stay orders are set aside, and the judicial review application is transferred to the High Court of Kenya at Nairobi (Milimani), Judicial Review Division.
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Lopayan & 2 others v Republic (Criminal Revision E050 & E070 of 2023 (Consolidated)) [2025] KEHC 16569 (KLR) (5 November 2025) (Ruling)
✦ The court quashes and sets aside the sentence and substitutes it with the term served.
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Mohamed & another v Republic (Criminal Revision E036 of 2025) [2025] KEHC 15719 (KLR) (5 November 2025) (Ruling)
✦ The court finds no error, irregularity, or illegality in the trial court's decision to deny the applicants bond.
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Thuku v Paul (Civil Appeal E004 of 2024) [2025] KEHC 15773 (KLR) (5 November 2025) (Judgment)
✦ The learned magistrate erred in several findings and the court allowed the appeal.
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Republic v Ali & 2 others (Criminal Case E002 of 2024) [2025] KEHC 15784 (KLR) (5 November 2025) (Sentence)
✦ The accused is sentenced to 15 years in prison.
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Maina & another v Oundo (Civil Appeal E1378 of 2024) [2025] KEHC 15859 (KLR) (Civ) (5 November 2025) (Judgment)
✦ The appeal is allowed on the issue of liability, and the trial court's award of damages is set aside.
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In re Estate of Ibrahim Likabo Muhieso (Succession Cause 172 of 2008) [2025] KEHC 15750 (KLR) (5 November 2025) (Ruling)
✦ The court ordered that Judith Nyawina as legal representative of Clement Boyia Likabo (deceased) gets one-third share of L.R. No. Kakamega/Shitochi/1064, and two-thirds share of L.R. No. Kakamega/Virembe/761. The other two sons get two-thirds share of both lands.
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Erick Ntabo & Company Advocates v Trident Insurance (Civil Miscellaneous E271 of 2024) [2025] KEHC 16016 (KLR) (5 November 2025) (Judgment)
✦ The court allowed the applications and decreed that a judgment be entered for the Applicant against the Respondent for Kshs. 89,200/=.
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The Guardian Coach Ltd & another v Onuku (Civil Appeal E123 of 2023) [2025] KEHC 15855 (KLR) (5 November 2025) (Judgment)
✦ The court reduces the general damages award from Kshs 500,000 to Kshs 350,000 and upholds the special damages award of Kshs 48,860.
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SDA Church (East Africa Ltd) Kamagambo v Vesilva (Civil Appeal E188 of 2024) [2025] KEHC 15854 (KLR) (5 November 2025) (Judgment)
✦ The appeal is dismissed with costs to the respondent
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Kongole v Republic (Criminal Appeal E001 of 2025) [2025] KEHC 16240 (KLR) (5 November 2025) (Judgment)
✦ The conviction and sentence are quashed. The age of the complainant was correctly established, and penetration was proved. The prosecution did not call all necessary witnesses, and the sentence was excessive.
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Walubengo v Cypriano Agencies & another (Miscellaneous Application E126 of 2024) [2025] KEHC 15734 (KLR) (5 November 2025) (Ruling)
✦ The Court grants the application, finding that the delay was not inordinate and that the intended appeal is arguable.
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Wahome v Mosoti (Succession Appeal E004 of 2025) [2025] KEHC 15717 (KLR) (5 November 2025) (Ruling)
✦ The application is dismissed as it is misconceived and exists for the sole purpose of being dismissed.
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In re Estate of Lillo Jorgensen (Deceased) (Succession Cause 431 & 14 of 2014 (Consolidated)) [2025] KEHC 16738 (KLR) (5 November 2025) (Judgment)
✦ The Court finds that the deceased died testate and that the will dated 25th July 2013 is valid and binding. The oral will is of no effect. The grant issued in Malindi High Court Succession Cause No. 140 of 2014 is revoked. The executors are directed to file a summons for confirmation of the grant of probate within 60 days.
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Nyakoe v JMN (Minor Suing Through His Mother and Next Friend WM) (Civil Appeal E103 of 2024) [2025] KEHC 15853 (KLR) (5 November 2025) (Judgment)
✦ The appeal is dismissed with costs to the respondent.
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Mwenda v Director of Public Prosecution (Criminal Revision E236 of 2024) [2025] KEHC 15990 (KLR) (5 November 2025) (Judgment)
✦ The recanted testimony by PW-1 is not new and compelling evidence within the meaning of Article 50(6)(b) of the Constitution of Kenya 2010; and the Petitioner has not demonstrated that a retrial would probably result in a different verdict.
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Mochache v Ochwangi & another (Civil Appeal E178 of 2024) [2025] KEHC 16123 (KLR) (5 November 2025) (Judgment)
✦ The trial court's order requiring the Appellant to deposit the entire decretal sum as a condition for setting aside the ex-parte judgment is set aside. The Appellant is ordered to pay the 1st Respondent costs of Kshs 30,000/= within seven days of this ruling.
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Musungu t/a Musungu Pekke & Company Advocates v Africa Merchant Assurance Company Limited (AMACO) (Miscellaneous Application E043 of 2024) [2025] KEHC 16084 (KLR) (5 November 2025) (Ruling)
✦ Judgment in favor of the advocate against the client in the sum of Kshs. 551,499/= together with interest at 14% p.a from the date of the certificate of taxation.
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Utilitas Tecknologies Limited v Andrew & another (Civil Appeal 155 of 2023) [2025] KEHC 15924 (KLR) (5 November 2025) (Judgment)
✦ The trial court's award of Kshs. 1,500,000/= for general damages is upheld, but the award of Kshs. 500,000/= for loss of earning capacity and Kshs. 29,330/= for special damages is reduced.
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Republic v Lekupuny (Criminal Case 48 of 2018) [2025] KEHC 16064 (KLR) (5 November 2025) (Ruling)
✦ The accused is acquitted of the charge under Section 210 of the C.P.C.
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Mokaya v National Bank of Kenya Ltd & another (Civil Appeal E218 of 2024) [2025] KEHC 15841 (KLR) (5 November 2025) (Judgment)
✦ The court found that the trial court erred in finding that there was no sufficient proof to support the allegation that there was an agreement on mode of settlement of the outstanding debt.
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Nyachae v Moraa (Civil Appeal E089 of 2024) [2025] KEHC 16126 (KLR) (5 November 2025) (Judgment)
✦ The appeal is dismissed with costs to the respondent.
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In re Estate of Njuguna Kinyanjui (Deceased) (Ad Litem 321 of 2014) [2025] KEHC 15851 (KLR) (5 November 2025) (Ruling)
✦ The grant of letters of administration Ad Litem is limited for purposes of filing and maintaining a suit on account of LR Naivasha Maraigushu Block 1/2299
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Amal Abdul Thro’ Next Friend Aziz Abdul v Nderu (Civil Case 129 of 2013) [2025] KEHC 15826 (KLR) (Civ) (5 November 2025) (Ruling)
✦ The Application is dismissed as the Judgment-Debtor has failed to demonstrate substantial loss and has not met the conditions for a stay.
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MKN v DMN (Matrimonial Cause E006 of 2024) [2025] KEHC 16030 (KLR) (5 November 2025) (Judgment)
✦ The court declares that the property known as Title Number Gaturi/Weru/XXX is matrimonial property and the motor vehicle Registration No. KBZ XXXA is not matrimonial property. The court orders the property to be valued and sold, with the proceeds divided equally between the parties.