Kenyan case law
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Omondi v Republic (Miscellaneous Criminal Application E079 of 2023) [2023] KEHC 26815 (KLR) (18 December 2023) (Ruling)
✦ The application is dismissed as there is no material to support the orders sought.
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In re Estate of Sawe Maina (Succession Cause 350 of 2015) [2023] KEHC 26928 (KLR) (18 December 2023) (Ruling)
✦ The court granted the review application and ordered partial distribution of the estate in favor of the beneficiaries of House 'A'.
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Republic v Angule & another (Criminal Case 64 of 2014) [2023] KEHC 27026 (KLR) (18 December 2023) (Ruling)
✦ The court found Samuel Muturi Kimani deceased due to an assault with a penetrating head injury. The court also found that the accused persons acted with malice aforethought.
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Ileh v Republic (Miscellaneous Criminal Application E011 of 2023) [2023] KEHC 27352 (KLR) (18 December 2023) (Ruling)
✦ The court declines the applicant's prayer for resentencing as it has no jurisdiction to entertain the application.
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Republic v Mucee (Criminal Case E018 of 2023) [2023] KEHC 27204 (KLR) (18 December 2023) (Ruling)
✦ The court denies the application for bail, finding a compelling reason to do so due to the accused's potential interference with minor witnesses who may be easily intimidated.
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South Nyanza Sugar Co. Ltd v Oluoch (Civil Appeal 31 of 2022) [2023] KEHC 26500 (KLR) (18 December 2023) (Judgment)
✦ The court upheld the award of Kshs. 197,436.80/= for the expected tonnes of cane for two cycles and the interest.
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Mathenge v Clerk County Assembly of Kirinyaga (Judicial Review Application E004 of 2023) [2023] KEHC 27095 (KLR) (18 December 2023) (Ruling)
✦ The court holds the application premature and the preliminary objection is well taken.
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South Nyanza Sugar Company v Ogada (Miscellaneous Civil Application 112 of 2021) [2023] KEHC 26932 (KLR) (18 December 2023) (Ruling)
✦ The court grants the application and orders the applicant to pay the decretal sum of Kshs. 130.15/= within three days, file and serve the draft Memorandum of Appeal within seven days, and file and serve the record of appeal within 45 days.
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Ongwen v Republic (Miscellaneous Criminal Application E080 of 2023) [2023] KEHC 26817 (KLR) (18 December 2023) (Ruling)
✦ The application is dismissed.
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In re Estate of Dinah Malaba (Deceased (Probate & Administration 1B of 2016) [2023] KEHC 26743 (KLR) (18 December 2023) (Judgment)
✦ The Court will determine the appropriate mode of distribution based on the Law of Succession Act.
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Okoth v Republic (Miscellaneous Criminal Application E082 of 2023) [2023] KEHC 26830 (KLR) (18 December 2023) (Ruling)
✦ The application is not supported and is hereby dismissed.
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Futurerock Limited (Formerly Futureways Limited) v National Oil Corporation of Kenya (Miscellaneous Civil Application 532 of 2018) [2023] KEHC 26555 (KLR) (Commercial & Admiralty) (18 December 2023) (Ruling)
✦ The application is allowed, and the garnishee account is ordered to satisfy the decree.
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Michael & 3 others v Mastermind Tobacco Kenya Limited (Insolvency Cause 2A of 2022) [2023] KEHC 26497 (KLR) (18 December 2023) (Ruling)
✦ Application for determination is dismissed with no orders as to costs
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Kibagendi v Republic (Miscellaneous Criminal Application E074 of 2023) [2023] KEHC 26812 (KLR) (18 December 2023) (Ruling)
✦ The application is dismissed
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Rottger v Dusa & another ((Suing on Behalf of the Estate of Wilson Baya Thoya - Deceased)) (Civil Appeal 063 of 2023) [2023] KEHC 26630 (KLR) (18 December 2023) (Judgment)
✦ The Court found the trial court's finding of 100% liability for the Appellant to be erroneous and remanded the case for a new trial.
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Mweru Hotel Holdings Limited v Lake Basin Development Authority & 2 others (Civil Case E018 of 2021) [2023] KEHC 26829 (KLR) (18 December 2023) (Judgment)
✦ The court finds that it has no jurisdiction to make a merit determination of the suit and strikes it out.
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Republic v Maina (Criminal Case E029 of 2022) [2023] KEHC 27066 (KLR) (18 December 2023) (Ruling)
✦ The accused is called upon to offer a defense to the charge of murder
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Mbago v Republic (Miscellaneous Criminal Application E072 of 2023) [2023] KEHC 26831 (KLR) (18 December 2023) (Ruling)
✦ The application is dismissed as the applicant is found to be mischievous and the application is an afterthought and abuse of court process.
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Makhatsa v Mutuku (Civil Appeal 28 of 2023) [2023] KEHC 26921 (KLR) (18 December 2023) (Ruling)
✦ The preliminary objection is dismissed as unmerited.
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GJG v HG (Civil Appeal 122 of 2023) [2023] KEHC 27206 (KLR) (18 December 2023) (Ruling)
✦ The court grants the application for stay of execution pending appeal on certain conditions
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Adan v Republic (Miscellaneous Criminal Application E008 of 2023) [2023] KEHC 27353 (KLR) (18 December 2023) (Ruling)
✦ The court dismisses the applicant's application for resentencing as it is functus officio and would be prejudicial to the Court of Appeal's decision.
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Malde & another v Karoki & 2 others (Civil Case E384 of 2023) [2023] KEHC 26533 (KLR) (Commercial and Tax) (18 December 2023) (Ruling)
✦ The Court finds the matter res-judicata and lacks jurisdiction to entertain the application due to the ongoing challenge in the Court of Appeal.
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Wekesa v Republic (Criminal Appeal E066 of 2022) [2023] KEHC 26780 (KLR) (18 December 2023) (Judgment)
✦ The court upheld the conviction and sentence of life imprisonment for incest.
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Kasyuma & 2 others v Mutava & 2 others (Succession Appeal 4 of 2023) [2023] KEHC 26923 (KLR) (18 December 2023) (Ruling)
✦ The court grants the application for an order of stay of execution pending appeal and an order staying proceedings stayed pending hearing and determination of the appeal.
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In re Estate of Hezron Oranga - Deceased (Miscellaneous Succession Cause E011 of 2023) [2023] KEHC 27157 (KLR) (18 December 2023) (Ruling)
✦ The application is dismissed and the confirmed grant is revoked.