Kenyan case law
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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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Makhatsa v Mutuku (Civil Appeal 28 of 2023) [2023] KEHC 26490 (KLR) (18 December 2023) (Ruling)
✦ The court grants a stay of execution of the decree on condition that the appellant pays half of the decretal sum and provides a bankers guarantee.
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Sunguti v Republic (Criminal Appeal E119 of 2021) [2023] KEHC 27165 (KLR) (18 December 2023) (Ruling)
✦ The court finds no prima facie case against the accused and acquits him of murder.
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Republic v Kariuki (Criminal Case 13 of 2020) [2023] KEHC 27330 (KLR) (18 December 2023) (Ruling)
✦ The accused has a case to answer and is placed in his defence.
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In re Estate of Apel Moranga Abea (Deceased) (Succession Cause 131 of 1995) [2023] KEHC 27134 (KLR) (18 December 2023) (Ruling)
✦ The grant of Letters of Administration Intestate issued in 1995 is reinstated, and the Applicant is ordered to apply for confirmation within 30 days.
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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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Mohamed v Republic (Criminal Appeal E006 of 2020) [2023] KEHC 27370 (KLR) (18 December 2023) (Judgment)
✦ The conviction is upheld, and the sentence is set aside. The appellant is sentenced to 5 years imprisonment to run from the date of arrest, with 2 years and 2 months spent in remand custody considered.
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Kimani v Republic (Criminal Miscellaneous Application E014 of 2021) [2023] KEHC 26918 (KLR) (18 December 2023) (Ruling)
✦ The court has jurisdiction to review the mandatory death sentence and substitutes it with a life sentence of 40 years.
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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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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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Juma v Republic (Miscellaneous Criminal Application E076 of 2023) [2023] KEHC 26813 (KLR) (18 December 2023) (Ruling)
✦ The application is dismissed
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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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In re Estate of Sicily Mutina Gataye (Miscellaneous Succession Application E004 of 2022) [2023] KEHC 27074 (KLR) (18 December 2023) (Ruling)
✦ Leave to appeal out of time is granted
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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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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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Ambwere & 2 others v Ambwere & another (Miscellaneous Succession Cause E18 of 2021) [2023] KEHC 27029 (KLR) (18 December 2023) (Ruling)
✦ The court dismissed the application for review as the applicants have preferred an appeal against the ruling they are seeking to review.
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Republic v Chief Officer Finance Vihiga County Government & another; Trans Africa Motors Limited (Exparte Applicant) (Judicial Review 1 of 2023) [2023] KEHC 26737 (KLR) (18 December 2023) (Ruling)
✦ The Ex parte Applicant's application is merited and allowed, and the Respondents are ordered to appear for a Notice to Show Cause and pay the sum of Kshs 11,107,157.43.
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South Nyanza Sugar Co. Ltd v Okuku (Civil Appeal 68 of 2021) [2023] KEHC 26501 (KLR) (18 December 2023) (Judgment)
✦ The court found that the respondent did not prove breach of contract and was not entitled to damages.
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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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Republic v Public Procurement Administrative Review Board & 3 others; Four M Insurance Brokers Limited (Exparte Applicant) (Miscellaneous Application E121 of 2023) [2023] KEHC 26953 (KLR) (Judicial Review) (18 December 2023) (Judgment)
✦ The Board lacked jurisdiction to hear and determine the Application by the 2nd Respondent under Section 167(4) of the Act, as a contract was already executed between the Ex-Parte Applicant and the 3rd and 4th Respondents.
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Republic v Nyaoke & 2 others (Criminal Case 21 of 2019) [2023] KEHC 26837 (KLR) (18 December 2023) (Ruling)
✦ The court finds that the prosecution has not made out a prima facie case to warrant the accused persons to be placed on their defence and acquits them.
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Italbuild Imports Limited v Mutinda & another (Legal Representatives of the Estate of John Mwajanji Chinga - Deceased) (Civil Appeal E084 of 2023) [2023] KEHC 26631 (KLR) (18 December 2023) (Judgment)
✦ The learned Magistrate's award on loss of dependency and special damages are set aside. The Appellant is awarded Kshs. 1,683,048/= for loss of dependency and Kshs. 1,550/= for special damages.
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Mutinda v Director of Public Prosecution & another (Criminal Miscellaneous Application E019 of 2023) [2023] KEHC 26489 (KLR) (18 December 2023) (Ruling)
✦ The application is dismissed as the issue of resentencing is res judicata and the court of appeal has already considered and determined the issue.
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TM v ZKM (Family Appeal E023 of 2023) [2023] KEHC 27262 (KLR) (18 December 2023) (Judgment)
✦ Allow the appeal partly by granting the appellant visitation and access rights to interact with the minor and have physical custody during half the duration of the school holidays and on alternate weekends during school terms in Nairobi without supervision.
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In re Estate of Emanuel Ojwang Agolla (Deceased) (Succession Cause 245 of 2011) [2023] KEHC 26822 (KLR) (18 December 2023) (Ruling)
✦ The grant issued to Silas Obade Ogola is hereby revoked, and the distribution done under the confirmed grant is hereby annulled. The title to land Kisumu/Manyatta B/386 shall revert to the name of Emmanuel Ojwang Agola, and the beneficiaries of the estate shall petition for a fresh grant before the Chief Magistrate’s Court.