Kenyan case law
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Lekulai & 90 others v Attorney General & 3 others (Constitutional Petition E297 of 2020) [2023] KEHC 26467 (KLR) (Constitutional and Human Rights) (15 December 2023) (Judgment)
✦ The Court dismissed the petition with costs, finding that the Petition failed to raise a constitutional issue and that the Respondents did not discriminate the Petitioners.
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In re DKN (Baby) (Adoption Cause E063 of 2022) [2023] KEHC 27187 (KLR) (Family) (15 December 2023) (Judgment)
✦ The court allows the applicants' application and orders the adoption of baby DKN.
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John v Safaricom Limited (Civil Appeal 422 of 2019) [2023] KEHC 26505 (KLR) (Appeals) (15 December 2023) (Ruling)
✦ The appeal should not be dismissed summarily and the appellant is granted leave to amend the memorandum of appeal.
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In re Estate of Samuel Kariuki Kiragu (Deceased) (Succession Cause 78 of 2017) [2023] KEHC 26573 (KLR) (Family) (15 December 2023) (Ruling)
✦ The application is dismissed with costs to the Respondent
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Keya & another (Suing as the Administrators and Legal Representatives of the Estate of the Late Isaac Mudimba Okello) v Alliance Media Limited (Civil Appeal 444 of 2010) [2023] KEHC 26479 (KLR) (Civ) (15 December 2023) (Judgment)
✦ The appeal is dismissed as the Appellants have failed to present a valid claim and the case is without merit.
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Wepukhulu v Republic (Criminal Petition E001 of 2020) [2023] KEHC 26731 (KLR) (15 December 2023) (Judgment)
✦ The court dismisses the petition and advises the petitioner to pursue an appeal to the Court of Appeal.
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Republic v MC alias C (Criminal Case E011 of 2022) [2023] KEHC 26474 (KLR) (15 December 2023) (Sentence)
✦ The minor accused accepted a plea agreement and pleaded guilty to manslaughter.
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Erdeman Properties Limited v KCB Bank Limited (Commercial Case E208 of 2022) [2023] KEHC 26954 (KLR) (Commercial and Tax) (15 December 2023) (Ruling)
✦ The court denied the application for temporary injunction.
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Republic v Retirement Benefits Authority & another; Kilonzi & 119 others (Exparte Applicants) (All suing as members of the Zamara Fanaka Retirement Fund (Pension Scheme)) (Judicial Review E129 of 2021) [2023] KEHC 26572 (KLR) (Judicial Review) (15 December 2023) (Judgment)
✦ The court has jurisdiction to hear and determine the application and will issue an order of mandamus compelling the 1st Respondent to determine the Applicants' complaint in accordance with the Retirement Benefits Act.
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Liberty Life Assurance (Kenya) Limited v Egerton University (Civil Case 217 of 2003) [2023] KEHC 26903 (KLR) (Commercial and Tax) (15 December 2023) (Ruling)
✦ The court is satisfied that sufficient cause has been shown and the suit should be listed for trial in the normal manner.
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Wesonga v Republic (Criminal Appeal E043 of 2022) [2023] KEHC 26717 (KLR) (15 December 2023) (Judgment)
✦ The appeal is allowed, conviction and sentence quashed, and an order for a retrial is substituted.
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IW & another v Omondi & 3 others (Constitutional Petition E416 of 2021) [2023] KEHC 26907 (KLR) (Constitutional and Human Rights) (15 December 2023) (Judgment)
✦ Out-of-court settlement agreements in sexual violence cases resulting in the non-prosecution of those likely to be culpable infringe the victim's rights and fundamental freedoms as guaranteed in articles 27, 28 and 29(c) of the Constitution.
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In re baby JT (Adoption Cause E068 of 2022) [2023] KEHC 27176 (KLR) (Family) (15 December 2023) (Judgment)
✦ This Court allows the applicants' application to adopt baby JT.
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Mungania v Times U Savings & Credit Co-operative Society Ltd (Civil Appeal 1 of 2022) [2023] KEHC 26913 (KLR) (Civ) (15 December 2023) (Judgment)
✦ The appeal is without merit and dismissed with costs to the Respondent.
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Passaris v Miguna & 2 others; Independent Electoral & Boundaries Commission & 3 others (Interested Parties) (Civil Case 310 of 2016) [2023] KEHC 26508 (KLR) (Civ) (15 December 2023) (Ruling)
✦ The court grants the application and reinstates the suit for hearing within 90 days of the judgment. The plaintiff is ordered to pay the defendants' thrown away costs of Kshs.20,000 before the suit is set down for hearing. The costs of the application are to abide the cause.
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Northwave Credit Ltd & another v Mutunga (Civil Suit E274 of 2023) [2023] KEHC 26905 (KLR) (Commercial and Tax) (15 December 2023) (Ruling)
✦ The proceedings are struck out with costs to the respondent.
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Republic v Chepkwemo (Criminal Case E001 of 2022) [2023] KEHC 26748 (KLR) (15 December 2023) (Ruling)
✦ The accused is found at the scene of the crime and has a case to answer, warranting her to conduct a defence.
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Okoiti & another v Kidero & 2 others (Civil Suit 352 & 467 of 2012 (Consolidated)) [2023] KEHC 26915 (KLR) (Civ) (15 December 2023) (Judgment)
✦ The consolidated suits are accordingly dismissed, the court further directing that each party shall bear its own costs in either suit.
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Republic v Nairobi County; Ojienda & Company Advocates (Exparte) (Judicial Review Application 369 of 2018) [2023] KEHC 26593 (KLR) (Judicial Review) (15 December 2023) (Judgment)
✦ The Respondent is found guilty and in contempt of the order issued on 14th February 2019.
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Wanyama v Republic (Petition 37 of 2019) [2023] KEHC 26891 (KLR) (15 December 2023) (Judgment)
✦ The Petition is dismissed as the High Court lacks jurisdiction to revisit or reopen a matter already determined by the Court of Appeal.
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Keroche Breweries Limited v Coretta Limited (Civil Case 34 of 2014) [2023] KEHC 26506 (KLR) (Civ) (15 December 2023) (Ruling)
✦ The court sets aside the ex parte proceedings and directs that the suit be prosecuted de novo.
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Maina & Maina Advocates v Rwathia Distributors Limited, Kiea Group Limited & Viatech Services Limited Consortium (RKVConsortium) (Miscellaneous Application E1155 of 2020) [2023] KEHC 26956 (KLR) (Commercial and Tax) (15 December 2023) (Ruling)
✦ The Application is dismissed with costs to the Respondent.
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Taib & 3 others v Ahluwalia (Civil Case 512 of 2011) [2023] KEHC 26937 (KLR) (Civ) (15 December 2023) (Ruling)
✦ The suit is reinstated for the defendant's case to be heard.
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Masika v Republic (Criminal Petition E005 of 2023) [2023] KEHC 27073 (KLR) (15 December 2023) (Judgment)
✦ Petition lacks merit and is dismissed
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Okoiti v Speaker of the National Assembly & 3 others; Article 19 Eastern Africa (Interested Party) (Constitutional Petition 454 of 2019) [2023] KEHC 26883 (KLR) (Constitutional and Human Rights) (15 December 2023) (Directions)
✦ The related Petitions (Constitutional Petition No. 277 of 2019, Constitutional Petition No. 284 of 2019, and Constitutional Petition No. 363 of 2019) are to be availed before the Presiding Judge of the Division for directions on the way forward.