Kenyan case law
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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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Muiru v John & 4 others (Civil Appeal 731 of 2019) [2023] KEHC 26480 (KLR) (Civ) (15 December 2023) (Judgment)
✦ The appeal is allowed, and the trial court's judgment regarding the Appellant's liability is set aside. The court substitutes an order dismissing the 1st and 2nd Respondent's case against the Appellant.
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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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In re Estate of Ernest Lungui Marango (Deceased) (Succession Cause 285 of 2013) [2023] KEHC 26419 (KLR) (15 December 2023) (Ruling)
✦ The court will hold the determination of the Summons in abeyance and order the Administrators to appear before the court on 23rd January 2024 to appraise the progress in the administration of the estate.
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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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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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Karanja v Invesco Assurance Company Limited; Chege (Interested Party) (Civil Case E003 of 2023) [2023] KEHC 26574 (KLR) (15 December 2023) (Ruling)
✦ The court denied the application for a stay of execution of the lower court decree.
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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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Republic v Khasia (Criminal Case 57 of 2020) [2023] KEHC 26758 (KLR) (15 December 2023) (Ruling)
✦ The accused is sentenced to 40 years imprisonment with the sentence to commence from the date of arrest.
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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.
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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 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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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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EOO v EWN (Divorce Cause E001 of 2021) [2023] KEHC 26470 (KLR) (15 December 2023) (Judgment)
✦ The marriage has irretrievably broken down and is beyond salvage.
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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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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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In re Estate of Geoffrey Kamau Gathu (Deceased) (Succession Cause 1355 of 2010) [2023] KEHC 26409 (KLR) (Family) (15 December 2023) (Ruling)
✦ The application is dismissed as the changes proposed are fundamental and cannot be rectified through amendment.
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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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South Western Enterprises Limited v Ola Energy Limited (Civil Case 176 of 2003) [2023] KEHC 27122 (KLR) (15 December 2023) (Judgment)
✦ The defendant was not in breach of clause 5 of the Long-Term Supply Agreement. The plainti is not eligible for damages as a result of wet losses. The termination of the contract was lawful. The defendant is not entitled to the equipment or value of the equipment in the plainti’s possession. The plainti did not default on the repayment of its loan to the defendant.
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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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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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In re Estate of Solomon Kiguru Njuguna (Deceased) (Succession Cause 25 of 2022) [2023] KEHC 26943 (KLR) (15 December 2023) (Ruling)
✦ The court orders the preservation of the estate and the management of rental income until the final determination of the succession proceedings.
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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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Talai & 4 others v Directorate of Criminal Investigations & 5 others (Constitutional Petition E004 of 2023) [2023] KEHC 26902 (KLR) (15 December 2023) (Judgment)
✦ The Petition is dismissed.
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Kubai v Ochwangi (Civil Suit E018 of 2020) [2023] KEHC 27254 (KLR) (15 December 2023) (Judgment)
✦ The Court dismisses the suit with costs.