Kenyan case law
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Mwaura v Republic (Miscellaneous Criminal Application 28 of 2018) [2018] KEHC 466 (KLR) (Anti-Corruption and Economic Crimes) (7 December 2018) (Ruling)
✦ The sentences have to run the way they have been set out in the Act (ACECA). The application is dismissed.
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In re Estate of Scholastica Wanjiru Wanyee [2018] KEHC 9871 (KLR)
✦ The law firms are ordered to account for and refund Kshs. 400,000 and Kshs. 60,000 to the estate beneficiaries. The 2nd administrator is ordered to pay Kshs. 128,000 to Stephen Wanyee Nyambura.
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Republic v Alex Mukweyi [2018] KEHC 1775 (KLR)
✦ The court finds that the prosecution has established a prima facie case against the accused and places him to his defence.
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Aswa Developers & Contractors Limited v Compact Freight Systems Limited [2018] KEHC 1211 (KLR)
✦ The court finds the plaintiff entitled to the sum of Kshs.6,803,985.30 as per the valuation certificate issued by the project manager.
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Republic v Serah Wakarima Kaniaru [2018] KEHC 741 (KLR)
✦ The court holds that the circumstantial evidence is too weak to sustain a safe conviction and acquits the accused.
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Republic v Stanley Ochieng Onyango [2018] KEHC 344 (KLR)
✦ The conviction and sentence are quashed due to lack of jurisdiction.
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Republic v Job Anunda Barongo [2018] KEHC 1155 (KLR)
✦ The application is dismissed
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Peter Ng’ang’a Mburu & 2 others v Director of Public Prosecution & another [2018] KEHC 475 (KLR)
✦ The court held that the DPP's decision to prosecute the Petitioners was not ultra vires and that the Petitioners' rights and fundamental freedoms were not violated.
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Africa Merchant Assurance Co.Ltd v Betty Sheila Kawira Mugambi [2018] KEHC 9821 (KLR)
✦ The court finds that the Appellant has not complied with previous orders and conditions, and declines to grant the orders sought.
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RNM v FM [2018] KEHC 9899 (KLR)
✦ Injunction granted pending hearing of Originating Summons.
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In re the Estate of Ruga Gituku (Deceased) [2018] KEHC 9861 (KLR)
✦ The judge held in abeyance the issues of occupancy of the Mukurweini home and payment of school fees and maintenance due to the mistrust and acrimony between the two houses.
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Edith Alivitsa v Kenya Forest Service & another [2018] KEHC 1737 (KLR)
✦ The court finds the defendants jointly and severally liable for the plaintiff's injuries and awards her KSh800,000 in damages.
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Okiya Omtatah Okoiti v Consolata Nkatha Maina & 3 others [2018] KEHC 558 (KLR)
✦ The court held that the 1st, 2nd, and 3rd respondents have the constitutional right to resign from office and that their resignation took effect on 16 April 2018.
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Republic v Ann Meiyu Taga [2018] KEHC 325 (KLR)
✦ The conviction and sentence are quashed due to lack of jurisdiction.
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Republic v Jared Moturi Mangate & another [2018] KEHC 368 (KLR)
✦ The sentence for each limb of the composite charge is set aside and replaced with a sentence of two years imprisonment for each charge, to run concurrently.
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Republic v Prime Bank & another [2018] KEHC 462 (KLR)
✦ The Preliminary Objection is dismissed with costs.
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Stephen Ebei Ekidor v Republic [2018] KEHC 1039 (KLR)
✦ The appeal is dismissed as the appellant was positively identified and the prosecution case was proved beyond reasonable doubt.
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In re the Estate of M’arachi M’mwirichia (Deceased) (Succession Cause 445 of 2013) [2018] KEHC 942 (KLR) (6 December 2018) (Ruling)
✦ The will is invalid as the deceased was on his deathbed and did not provide for all beneficiaries. The land in Nkunga and Ntima will be distributed according to the deceased's children who did not receive any benefit during the deceased's lifetime.
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Charle Ngethe Mwaura v Barclays Bank of Kenya Limited & 3 others [2018] KEHC 849 (KLR)
✦ The application is allowed, and the second interested party is enjoined as a party in the suit.
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Attorney General v BEA International Limited [2018] KEHC 1011 (KLR)
✦ The application to set aside the award is not merited. The award is adopted and enforced as the judgment of this court.
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A L M v P M M [2018] KEHC 1405 (KLR)
✦ The marriage is declared null and void.
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Charles Ngare Karaya v Florence Muthoni & another [2018] KEHC 1129 (KLR)
✦ The suit is not competent as the subject matter of the suit has been determined in a separate case.
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In re Estate of M’iriabi Twirandu (Deceased) [2018] KEHC 749 (KLR)
✦ LR. NO. NYAKI/THUURA/870 is the estate property and will be shared equally among the deceased's children
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Jesse Mburu Gitau & another v Housing Finance Company of Kenya Limited [2018] KEHC 1152 (KLR)
✦ The court found the defendant's charges to be illegal and unenforceable, and ordered the defendant to release the plaintiffs' title deed and refund the overcharged amount.
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Mmbayi Sayyed Omsiritsa v Nancy Iyadi & 2 others [2018] KEHC 2025 (KLR)
✦ The court held that the 3rd respondent won in a free, fair, and transparent election and affirmed the trial magistrate's decision.