Kenyan case law
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Kimweli v Republic (Miscellaneous Criminal Application E080 of 2021) [2022] KEHC 14060 (KLR) (6 October 2022) (Ruling)
✦ The court lacks jurisdiction to revise the judgment of the trial court and dismisses the application
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Mzahim & 3 others v Attorney General (Miscellaneous Civil Application 148 of 2011) [2022] KEHC 13608 (KLR) (6 October 2022) (Ruling)
✦ The application is dismissed as the decree is final and conclusive.
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Sauke v Republic (Criminal Appeal E059 of 2021) [2022] KEHC 13819 (KLR) (6 October 2022) (Judgment)
✦ The conviction is upheld, and the sentence is affirmed.
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In re DO(Baby) (Adoption Cause 5 of 2020) [2022] KEHC 13794 (KLR) (6 October 2022) (Ruling)
✦ The applicant is authorized to adopt Baby DO, and EWM and AGN are appointed legal guardians of the baby. The baby is presumed to be a Kenyan citizen and her date of birth is 2nd April, 2019. The consent of the biological parent/s of the baby is hereby dispensed.
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Fundi v Republic (Criminal Appeal 77 of 2021) [2022] KEHC 13442 (KLR) (6 October 2022) (Judgment)
✦ The appeal is partially allowed, and the term of 10 years imprisonment is set aside. The appellant is set at liberty with the condition that he is not otherwise lawfully held.
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Republic v Wepukhulu & 3 others (Criminal Appeal E011 of 2021) [2022] KEHC 13997 (KLR) (6 October 2022) (Judgment)
✦ The appeal is dismissed. The trial court's acquittal of the respondents is affirmed.
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Stephen v Republic (Criminal Appeal 71 of 2021) [2022] KEHC 15478 (KLR) (6 October 2022) (Judgment)
✦ The court found the evidence insufficient to support the conviction and ordered a retrial.
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Kariuki v Wanjiru (Suing as the legal representative of the Estate of Liam Mbugua) (Deceased)) (Civil Appeal E189 of 2021) [2022] KEHC 13630 (KLR) (6 October 2022) (Ruling)
✦ The court grants a stay of execution of the decree pending the hearing and determination of the appeal, subject to the appellant providing the decretal sum in an interest-earning account and refunding the amount deposited in this appeal.
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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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Ndegwa v Republic (Criminal Appeal E019 of 2022) [2022] KEHC 13432 (KLR) (6 October 2022) (Judgment)
✦ The conviction is quashed and the sentence set aside due to procedural errors and lack of evidence.
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Muraguri v Njagi & 2 others (Civil Appeal 158 of 2019) [2022] KEHC 13567 (KLR) (6 October 2022) (Judgment)
✦ The court found the award on quantum to be manifestly low and ordered a new assessment of damages.
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Hassan v Republic (Criminal Appeal E039 of 2021) [2022] KEHC 13823 (KLR) (6 October 2022) (Judgment)
✦ The appeal is dismissed. The conviction and sentence are upheld.
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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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Alibiri v Republic (Criminal Appeal 51 of 2020) [2022] KEHC 13779 (KLR) (Crim) (6 October 2022) (Judgment)
✦ The appeal is dismissed for lack of merit.
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Mwaronja v Mworia (Succession Cause 480 of 2011) [2022] KEHC 13696 (KLR) (6 October 2022) (Ruling)
✦ The court grants a stay of execution for a period of thirty (30) days only to allow the applicant to approach the Court of Appeal for an order of stay of execution.
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Republic v Wakhungu & another (Criminal Case 38 of 2019) [2022] KEHC 13890 (KLR) (6 October 2022) (Judgment)
✦ The court finds accused 2 Mary Wakhungu not guilty of murder and acquits her. The court finds accused 1 guilty of manslaughter.
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Lomolo (1962) Limited v Akinyi (Civil Appeal 118 of 2016) [2022] KEHC 13516 (KLR) (6 October 2022) (Judgment)
✦ The appeal is allowed, the judgment and decree of the trial court is set aside, and the appellant is ordered to pay the costs of the appeal and the trial court.
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NM v IMN (Matrimonial Cause 5 of 2016) [2022] KEHC 13474 (KLR) (6 October 2022) (Ruling)
✦ The application is dismissed. The judgment of the court is upheld.
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M’imboi v Republic (Criminal Appeal E124 of 2021) [2022] KEHC 13663 (KLR) (6 October 2022) (Judgment)
✦ The court finds the appellant's appeal without merit and dismisses it.
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Mutisya v Republic (Criminal Appeal E015 of 2021) [2022] KEHC 15446 (KLR) (6 October 2022) (Judgment)
✦ The court found the appellant guilty of attempted murder and upheld the sentence of 10 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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MWR v Republic (Criminal Revision 5 of 2019) [2022] KEHC 13835 (KLR) (6 October 2022) (Judgment)
✦ The application for revision of the applicant's sentence is dismissed as the applicant did not appeal her conviction and sentence, and the court is not entitled to entertain the application for revision.
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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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NCBKA Bank Kenya PLC v DPP, Ruiru Branch (Criminal Revision E0270 of 2021) [2022] KEHC 13485 (KLR) (6 October 2022) (Ruling)
✦ The magistrate's order was not procedurally or unlawfully issued, and the applicant failed to demonstrate any irregularity.
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DKN v JM (Civil Appeal E001 of 2022) [2022] KEHC 13407 (KLR) (6 October 2022) (Judgment)
✦ The order for DNA testing is set aside, and the notice of motion is dismissed with costs to the appellant.