Kenyan case law
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Julius Kamitu Alex v Republic [2019] KEHC 12158 (KLR)
✦ The appellant is granted bail pending appeal with a bond of Kshs 500,000.00 with surety of similar amount.
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Patrick Atenya Asitiba & another v City Council of Nairobi [2019] KEHC 325 (KLR)
✦ The court finds prayer (ii) of the motion to be the most appropriate order to grant, and issues a notice to show cause to the current office holder of the County Secretary of Nairobi City to appear in court.
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Christopher Ndusi Khalumba & 3 others v Republic [2019] KEHC 1109 (KLR)
✦ The court found that the Appellants' rights under article 50 (2), (g), (h) and (j) of the constitution were not contravened, the charge sheet was not defective, the trail magistrate complied with the provisions of Section 200 of the criminal procedure Code, the Appellants were identified, the prosecution evidence was not contradictory, and the prosecution proved the case against the Appellants beyond any reasonable doubt.
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Enock Mbai Mailu v Precious Gift Schools [2019] KEHC 999 (KLR)
✦ The appeal is allowed, and the judgment dismissing the suit is set aside. The Appellant is entitled to judgment as prayed in the amended plaint.
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Ngige v Kibaiyu (Civil Appeal 492 of 2014) [2019] KEHC 12486 (KLR) (Civ) (13 December 2019) (Judgment)
✦ The appeal is allowed, the order dismissing the Appellant's suit is set aside, and Judgment is entered as prayed in the plaint.
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Car and General (Trading) Limited v Peter Maina Wairire & another [2019] KEHC 980 (KLR)
✦ The motion is allowed, and the 1st respondent/applicant is ordered to file and serve the memorandum of appeal within 7 days and compile, file, and serve the record of appeal within 60 days.
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Bridge International Academies v Dennis Khasamba Ogesa [2019] KEHC 8 (KLR)
✦ Order to discharge Mwaure & Mwaure Waihiga Advocates from representing the defendant
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MK v GNK [2019] KEHC 772 (KLR)
✦ The court finds that the petitioner has satisfied the elements for dissolution of their marriage on a balance of probabilities and grants a decree Nisi. A decree absolute will issue within 60 days from the judgment.
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Joshua Olunga v Republic [2019] KEHC 394 (KLR)
✦ The Court of Appeal found that the trial court erred in law and in fact in finding that the complainant had locus standi and that the land belonged to the complainant.
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Kamal S. Giddie v Mehreen Bhatti & 2 others [2019] KEHC 864 (KLR)
✦ The Plaintiff's claims for apology, injunction, and damages are upheld. The Defendants' counterclaim for medical negligence is dismissed. The Plaintiff is awarded Ksh. 3,000,000/= in general damages.
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Dinit Vircharnd Malde (Suing as Executor of the will of Lalitaben Kantilal Shah- Deceased) v Spire Bank Limited (Successor in title to the Southern credit Banking Corporation) [2019] KEHC 1091 (KLR)
✦ The application is spent as the defendant has complied with the court order to produce statements and accounts for the sale and allocation of proceeds of the property sold by the defendant.
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Company for Habitat & Housing in Africa (Shelter Afrique) v Sunset Paradise Apartments Limited [2019] KEHC 1371 (KLR)
✦ The Consumer Protection Act applies to the transaction and the Act was in operation when the cause of action was pleaded. The Act excludes mortgages but not charges over real property.
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Laban Omuhaka Otumbula v Truphosa Okutoyi [2019] KEHC 1352 (KLR)
✦ The lower court erred in basing its decision on documents not admitted in evidence and in finding in favor of the respondent.
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Republic v Joseph Mutua Kimanzi & 2 others [2019] KEHC 1404 (KLR)
✦ The court found the identification of the accused by the prosecution's witness to be admissible and reliable.
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Dina Moraa & James Onsando Mose (Suing as The Legal Representatives of The Estate of Jaquine Osoro-Deceased) v Sotik Tea Company [2019] KEHC 311 (KLR)
✦ The court held the defendant negligent and awarded Kshs.686,318.40 in total, including Kshs.600,000 for loss of dependency.
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Derrick Matunda & 4 others v Republic [2019] KEHC 396 (KLR)
✦ The death sentence for the 1st appellant is set aside and replaced with a 20-year sentence. The 2nd appellant's sentence is set aside and replaced with an 8-year jail term. The 3rd, 4th, and 5th appellants are set free.
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Michael Musungu & 4 others v Republic [2019] KEHC 1102 (KLR)
✦ The Court of Appeal dismissed the appeals, affirming the conviction and sentence of death for robbery with violence.
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Republic v Benson Matheka Juma [2019] KEHC 1517 (KLR)
✦ The accused is placed on probation for two years with the expectation of continuous counselling and guidance.
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Stephenson & another v Lynch & 2 others (Civil Case 40 of 2019) [2019] KEHC 12497 (KLR) (Civ) (13 December 2019) (Ruling)
✦ The amended motion for temporary injunction is found to be meritorious and allowed with costs to the 1st Plaintiffs.
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Edwin Kipngetich v Republic [2019] KEHC 1225 (KLR)
✦ The conviction and sentence are quashed, and the appellant is ordered to be set at liberty.
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Joseph Charo Dzombo v Republic [2019] KEHC 1139 (KLR)
✦ The appeal is dismissed. The conviction and sentence are upheld.
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Kanyari Ngichu & another v EW [2019] KEHC 12143 (KLR)
✦ The award of Ksh.200,000/= general damages is reasonable and the judgment of the lower court is set aside.
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Kanale David Amukuhuma v United Millers Limited [2019] KEHC 1302 (KLR)
✦ The Appellant is liable for contributory negligence of up to 30%. The Appellant's claim for loss of goods and profit is dismissed as there was no evidence to show that the goods were on the vehicle and destroyed in the accident. The Appellant's claim for dental cost is upheld.
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Aggrey Murumba & 13 others v Teachers Service Commission & another Kenya National Union of Teachers Wilson Sossion, Knut Executive Secretary General (Interested Parties) [2019] KEHC 877 (KLR)
✦ The Court finds no merit in the Petition and dismisses it in its entirety.
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Patrick Makau & 4 others v Nkubu Principal Magistrate & another; Fabiano Kaigara (Interested Party) [2019] KEHC 201 (KLR)
✦ The prayer for stay is unwarranted at this stage and the Court declines to grant the same.