Kenyan case law
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Republic v Juliana Wambui Thiong’o [2018] KEHC 1235 (KLR)
✦ No case to answer
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Bomet County Bar and Wines Owners Organization v County Govt of Bomet & 5 others [2018] KEHC 90 (KLR)
✦ The court granted the application and issued various conservatory and permanent injunctions
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In re Estate of Itirithia Mbogori (deceased) [2018] KEHC 714 (KLR)
✦ The estate shall be shared equally between the family of late Daniel Kiogora and Alois Murira. Lydia Mwarania, as the wife of Daniel Kiogora, will hold the share of Daniel Kiogora for her own benefit and that of her children in equal shares.
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Multiline Motors (Kenya) Limited v Kisii County Government [2018] KEHC 1191 (KLR)
✦ The court finds in favor of the plaintiff, Multiline Motors (Kenya) Limited, and orders the defendant, Kisii County Government, to pay the balance of Kshs. 11,462,068.95 to the plaintiff, with interest from February 21, 2017, and costs assessed at Kshs. 360,000/-.
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Patrick Joshua Kyalo Mutisya v Republic [2018] KEHC 1461 (KLR)
✦ The conviction and sentence are upheld. The trial court properly convicted the appellant and imposed the minimum sentence of 10 years.
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In re Estate of Mark Kimani Kago (Deceased) [2018] KEHC 1136 (KLR)
✦ The court orders that Mary Wambui Kimani be given 2 acres of the land, specifically where she resides and works, and the remainder of the land goes to the household of Grace Mukuhi Kimani.
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Kaimosi Tea Estate v Stephen Miheso [2018] KEHC 293 (KLR)
✦ The appeal is allowed, and the Judgment and Decree of the lower court is set aside. The Plaintiff's case is dismissed.
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County Government of Kakamega & 2 others v Salaries and Remuneration Commission; County Government of Mombasa (Interested Party) [2018] KEHC 9880 (KLR)
✦ The court found that the mere allegation of a constitutional violation does not automatically elevate a matter to a constitutional issue. The court emphasized that errors of procedure, even if they go to jurisdiction, do not constitute infringement to the rights protection by section 1(a) of the Constitution.
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Republic v Henry Muigai [2018] KEHC 434 (KLR)
✦ The court grants the accused's application for bail on the terms of a cash bail of KShs. 100,000/= or a bond of KShs. 500,000/= with one surety of the same amount.
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In re Estate of Nicholas Kaaka Kapore (Deceased) [2018] KEHC 1269 (KLR)
✦ Tabitha Waithera Mararo is not entitled to any share of the estate. Eva Naima Kaaka and SSK are entitled to equal shares, with TNK's share held in trust. Eva Naima Kaaka is the main administrator, with Tabitha Waithera Mararo as a trustee for TNK.
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Joseph Mwania Ngolia v Republic [2018] KEHC 919 (KLR)
✦ The appeal is dismissed. The conviction and sentence by the trial court are upheld.
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Mary Charles Kalinga v Independent Electoral & Boundaries Commission (IEBC) & 2 others [2018] KEHC 1746 (KLR)
✦ The court finds it has jurisdiction to hear the petition and that the Gazette Notice is unconstitutional.
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Michael Biwott Segerot v Republic [2018] KEHC 736 (KLR)
✦ The court declines the appellant's application for bail pending appeal.
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Republic v Washington Nicholas Ochieng [2018] KEHC 1262 (KLR)
✦ The court finds the accused not guilty of murder but guilty of manslaughter.
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In re the Estate of Maringa Kiondo (Deceased) [2018] KEHC 43 (KLR)
✦ The application is dismissed with costs as the applicants have not demonstrated existence of any new or important evidence.
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In re Estate of William Cheruiyot Lelmet (Deceased) [2018] KEHC 1074 (KLR)
✦ The court found that the objectors are beneficiaries and their entitlement is based on the distribution as per the elders' decision, which was fair in the circumstances.
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Isaac Wachira Migwi v Kenya Bankers Cooperative Society Limited & 2 others [2018] KEHC 701 (KLR)
✦ The Preliminary Objection is unmerited and dismissed
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Republic v James Omoke Nyandoro [2018] KEHC 1283 (KLR)
✦ The accused is found guilty of murder and sentenced to 25 years imprisonment.
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Bernard Karanja Mwangi v Republic [2018] KEHC 1525 (KLR)
✦ The death penalty for robbery with violence is a discretionary maximum punishment and is inconsistent with the Constitution.
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Republic v Daniel Fundi Muriithi [2018] KEHC 682 (KLR)
✦ The accused is found guilty of murder.
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Carolyn K. Muumbo & Co. Advocates v Mulu Mbuvi [2018] KEHC 1713 (KLR)
✦ Both applications are incompetent and are hereby struck out
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In re Estate of M'birisi Maeti (Deceased) [2018] KEHC 1021 (KLR)
✦ The will is valid, and the estate will be distributed according to the will. The administrator is appointed as George Nkonge Njeru.
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Parliamentary Service Commission v Salaries Remuneration Commission; Attorney General & 3 others (Interested Parties) (Miscellaneous Application 686 of 2017) [2018] KEHC 9804 (KLR) (Judicial Review) (10 December 2018) (Judgment)
✦ The Court held that judicial review is not an appeal from a decision but a review of the manner in which the decision was made. It is not concerned with the merits of the decision.
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Kulwant Sinngh Sihra v Peterson Githinji Mwangi t/a Githinji Mwangi and Associates [2018] KEHC 9918 (KLR)
✦ The reference against the taxation is dismissed with costs
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Republic v Simion Jacob Nyakaro [2018] KEHC 1135 (KLR)
✦ The court acquits the accused of murder