Kenyan case law
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Kipkorir v KCB Bank Kenya Limited (Constitutional Petition E019 of 2021) [2023] KEHC 26420 (KLR) (Constitutional and Human Rights) (15 December 2023) (Judgment)
✦ The Petitioner is entitled to compensatory damages and a declaration that the Respondent's decision/action was contrary to Articles 35 and 46(c) of the Constitution.
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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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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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Tito v Ngigi (Succession Cause 2647 of 2011) [2023] KEHC 26447 (KLR) (Family) (15 December 2023) (Ruling)
✦ The court reinstates the applicant's application to revoke the grant and sets aside the dismissal of the succession cause for want of prosecution.
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Republic v Director of Public Prosecutions & another; Bajaber (Interested Party); Timimi (Exparte) (Application E183 of 2022) [2023] KEHC 26565 (KLR) (Judicial Review) (15 December 2023) (Judgment)
✦ The court found that the Director of Public Prosecutions' decision to charge the applicant was lawful and that the court should not intervene in the prosecution process.
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Republic v Nyakundi (Criminal Appeal E096 of 2022) [2023] KEHC 26867 (KLR) (14 December 2023) (Judgment)
✦ The appeal is dismissed.
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Miriti & another v Kalayu (Civil Appeal E013 of 2023) [2023] KEHC 26632 (KLR) (14 December 2023) (Ruling)
✦ The court orders inhibitory orders to prevent any dealings on LR. Nyambene/Uringu 1/241 and LR. Nyambene/Uringu 1/2947 pending the hearing and determination of the appeal.
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In re Baby YY (Adoption Cause E225 of 2022) [2023] KEHC 26874 (KLR) (Family) (14 December 2023) (Judgment)
✦ The Applicants are allowed to adopt Baby YY, who shall henceforth be known as YY.
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Make & another v Maake & another (Civil Appeal E039 of 2022) [2023] KEHC 26566 (KLR) (14 December 2023) (Judgment)
✦ The appeal is dismissed with no orders as to costs, but with a rider that the Appellant acquaints himself with the certificate of confirmation of grant issued on 9th November 2022.
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Orina v UAP Insurance (Civil Appeal E044 of 2022) [2023] KEHC 26596 (KLR) (14 December 2023) (Judgment)
✦ The Court of Appeal held that UAP Insurance was not under a duty to settle the claim as the insured, Cliord Ogonya Ayiera, was not insured by UAP Insurance at the time of the accident.
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Oman Formal Dehyde Chemical Company v Nilands Limited Africa; Kenya Revenue Authority & 3 others (Interested Parties) (Commercial Case E025 of 2023) [2023] KEHC 27234 (KLR) (14 December 2023) (Judgment)
✦ The court finds the plaintiff has proved its case and orders the release of the cargo
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PWW v Republic (Criminal Appeal 44 of 2020) [2023] KEHC 26868 (KLR) (14 December 2023) (Judgment)
✦ The appeal is dismissed, and the case is marked as closed.
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Republic v Chief Lands Registrar; Kaptoror Holdings Limited (Exparte Applicant) (Miscellaneous Application 1411 of 2001) [2023] KEHC 26964 (KLR) (Crim) (14 December 2023) (Ruling)
✦ The Chief Lands Registrar is found guilty of contempt and is ordered to attend court for mitigation and sentencing, and to be committed to civil jail for six months.
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Chembe Properties Limited v Consolidated Bank of Kenya Limited (Miscellaneous Application 107 of 2022) [2023] KEHC 26893 (KLR) (14 December 2023) (Ruling)
✦ The application is struck out with costs to the respondent due to being res judicata and an abuse of process.
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Grain Industries Limited v Ali & 6 others (Civil Case E051 of 2023) [2023] KEHC 27009 (KLR) (14 December 2023) (Judgment)
✦ The claim is allowed with the defendants jointly and severally liable for Kshs. 145,042,485. The land pledge is to be realized and the balance recovered. The defendants are to execute the land transfer within 15 days or the Deputy Registrar will sign the transfer. Costs are awarded to the plaintiffs.
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Bidii Traders Savings Group (Suing thru Simon Kiambi Ngaruni (Secretary) & another v Kiarie (Chairman) & another (Civil Appeal E103 of 2021) [2023] KEHC 26982 (KLR) (14 December 2023) (Ruling)
✦ The appeal is reinstated for hearing.
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Muthusi & another v Ndanu (Civil Appeal E28 of 2021) [2023] KEHC 26496 (KLR) (14 December 2023) (Judgment)
✦ The award of Kshs 300,000 for soft tissue injuries is set aside and replaced with Kshs 100,000.
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In re R (Baby) (Adoption Cause E043 of 2023) [2023] KEHC 26407 (KLR) (Family) (14 December 2023) (Judgment)
✦ The court allows the adoption of Baby R by JWM and appoints GGN and JWG as legal guardians.
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In re GW (Minor) (Adoption Cause E074 of 2022) [2023] KEHC 26879 (KLR) (Family) (14 December 2023) (Judgment)
✦ The court allows the adoption of the minor child GW by the applicant NNH.
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Bahati & another v Republic (Criminal Appeal E082 of 2022 & E006 of 2023 (Consolidated)) [2023] KEHC 26884 (KLR) (14 December 2023) (Judgment)
✦ The appeals against the convictions and sentences are hereby dismissed.
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Machera & another v Republic (Criminal Case E029 of 2023) [2023] KEHC 26663 (KLR) (14 December 2023) (Ruling)
✦ Bond is denied. The applicants will remain in remand during their trial.
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Mwaniki Gitau & Co. Advocates v Omar (Miscellaneous Application E169 of 2021) [2023] KEHC 27248 (KLR) (14 December 2023) (Ruling)
✦ The Application is allowed, and Judgment be and is hereby entered for the Applicant against the Respondent in the sum of Kshs. 194,278.80/=.
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Kenya Orient Insurance Company Limited v JJ Chesaro & Co Advocates (Miscellaneous Application E231 of 2023) [2023] KEHC 27219 (KLR) (14 December 2023) (Ruling)
✦ The application is hereby struck out with costs.
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Saru v Republic (Criminal Appeal E101 of 2022) [2023] KEHC 26877 (KLR) (14 December 2023) (Judgment)
✦ The appeal is allowed, the conviction and sentence are set aside, and a retrial is ordered.
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Marete v Director of Public Prosecutions (Criminal Appeal E072 of 2023) [2023] KEHC 26991 (KLR) (14 December 2023) (Judgment)
✦ The conviction and sentence are set aside due to insufficient evidence and violation of the accused's right to a fair trial.