Kenyan case law
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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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Republic v Milimani Chief Magistrates Court; Director of Public Prosecutions & 2 others (Interested Parties); Galot (Exparte) (Application 622 of 2017) [2023] KEHC 26564 (KLR) (Judicial Review) (15 December 2023) (Ruling)
✦ The applicant's reference is struck out with costs as it was not filed within the prescribed time and no valid reason was provided for the delay.
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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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Njuguna v Thumari (Civil Appeal E464 of 2021) [2023] KEHC 26934 (KLR) (Civ) (15 December 2023) (Judgment)
✦ The appeal is allowed, and the trial court's order of dismissal is set aside. The respondent is held 100% liable. Judgment in favor of the appellant for Ksh.220,559, including repair costs, assessment fees, re-inspection fees, alternative transport, and investigation fees. The respondent is ordered to pay costs of the suit and interest, and the costs of the appeal.
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Republic v Mulongo & another (Criminal Case E009 of 2022) [2023] KEHC 26746 (KLR) (15 December 2023) (Ruling)
✦ The death sentence is upheld, and the accused are ordered to serve a 30-year prison term.
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Alitex Enterprises Limited v Mueke (Civil Appeal E639 of 2023) [2023] KEHC 26935 (KLR) (15 December 2023) (Ruling)
✦ The court grants the application for extension of stay of execution of the interlocutory judgment pending the hearing and determination of the appeal.
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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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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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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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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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Awal Limited v Malonza & another (Miscellaneous Civil Suit 699 of 2019) [2023] KEHC 27270 (KLR) (Civ) (15 December 2023) (Ruling)
✦ The court dismissed the Preliminary Objection as it does not raise a pure point of law and the facts require proof.
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Okoiti v Parliamentary Service Commission; National Assembly & 5 others (Interested Party) (Constitutional Petition E401 of 2021) [2023] KEHC 26423 (KLR) (Constitutional and Human Rights) (15 December 2023) (Order)
✦ The court recuses itself from further handling the matter and refers it back to the Presiding Judge of the Division to ascertain the accessibility and availability of the parties' documents in the CTS.
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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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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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Republic v Phramacy & Poisons Board; Davosaid Venture Limited (Ex parte); Ogutu (Interested Party) (Miscellaneous Application E076 of 2023) [2023] KEHC 26967 (KLR) (Judicial Review) (15 December 2023) (Judgment)
✦ The application is struck out with costs to the respondent.
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Omtatah v Cabinet Secretary for Petroleum and Mining & 2 others; Abel Mwenja Gichimu t/a Mzima Gas Supplies (Interested Party) (Constitutional Petition 313 of 2019) [2023] KEHC 26486 (KLR) (Constitutional and Human Rights) (15 December 2023) (Judgment)
✦ The Petition is unsuccessful and is hereby dismissed.
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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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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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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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Narima Capital Company Limited v Credit Bank Limited (Civil Suit 11 of 2018) [2023] KEHC 26914 (KLR) (Civ) (15 December 2023) (Judgment)
✦ The Court finds in favor of the Defendant and dismisses the Plaintiff's claim.
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Kenya Women Finance Trust & another v Khisa (Civil Appeal E007 of 2022) [2023] KEHC 27056 (KLR) (15 December 2023) (Judgment)
✦ Appeal dismissed with costs to the Respondent
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Fwamba (Suing as administrator of the Estate of Elias Wanjala) (Deceased) v Mashru (Civil Appeal 68 of 2013) [2023] KEHC 27120 (KLR) (15 December 2023) (Ruling)
✦ The application is dismissed with no order as to costs.
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Gori v Republic (Miscellaneous Criminal Application E012 of 2022) [2023] KEHC 26912 (KLR) (15 December 2023) (Ruling)
✦ The court has no jurisdiction to review its own judgment and dismisses the petition.
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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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Stephenson v Director of Public Prosecutions & 6 others (Constitutional Petition E207 of 2021) [2023] KEHC 26465 (KLR) (Constitutional and Human Rights) (15 December 2023) (Judgment)
✦ The Court declined to address the constitutional issue raised by the Petitioner as it was not formally raised by the parties and the Court has a duty to satisfy itself in a matter that it is possessed of jurisdiction.