Kenyan case law
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Aima v Republic (Criminal Appeal E007 of 2022) [2023] KEHC 26963 (KLR) (14 December 2023) (Judgment)
✦ The court found that the prosecution proved its case beyond reasonable doubt and that the complainant's age was correctly established.
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In re Estate of Yapindet Malambu (Deceased) (Succession Cause E024 of 2021) [2023] KEHC 27342 (KLR) (14 December 2023) (Ruling)
✦ The applicants lack locus standi to seek revocation of the grant
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Ali & another (Suing as the Administrator of the Estate of the Late Hussein Asman Ali) v Multiple Hauliers E.A. Ltd (Civil Suit 2 of 2016) [2023] KEHC 26488 (KLR) (14 December 2023) (Ruling)
✦ Interest is awarded on the judgment dated 3rd August 2017 at 6% per annum from the date of judgment until date of payment/settlement of the decree.
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Benard Onkoba t/a Betico Auctioneers v SMEP DTM Limited (Miscellaneous Civil Application 3 of 2016) [2023] KEHC 26463 (KLR) (14 December 2023) (Ruling)
✦ The objection is not complex and the matter is transferred to the Magistrates Court for further dealing.
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Nyaga v Republic (Criminal Appeal E037 of 2022) [2023] KEHC 26577 (KLR) (14 December 2023) (Judgment)
✦ The trial is rendered a nullity and the conviction is quashed and sentence set aside. A retrial is ordered.
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Were & 4 others v County Assembly of Trans Nzoia & 8 others (Constitutional Petition E011 of 2023) [2023] KEHC 26449 (KLR) (14 December 2023) (Ruling)
✦ The Preliminary Objection is dismissed.
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In re EMW (Minor) (Adoption Cause E074 of 2022) [2023] KEHC 26410 (KLR) (Family) (14 December 2023) (Judgment)
✦ The applicant is allowed to adopt EMW.
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Muiruri & 2 others v Mbugua (Civil Appeal E246 of 2022) [2023] KEHC 27450 (KLR) (14 December 2023) (Ruling)
✦ The Appeal is dismissed with costs to the Respondent
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Osugo v Mogaka & 2 others (Civil Appeal E031 of 2023) [2023] KEHC 26961 (KLR) (14 December 2023) (Judgment)
✦ The trial court lacked jurisdiction to hear and determine the dispute and should have downed its tools.
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Republic v Keter (Criminal Case E013 of 2023) [2023] KEHC 27409 (KLR) (14 December 2023) (Ruling)
✦ The court denies the accused's application for bail/bond due to the serious nature of the offense and the risk of interference with witnesses.
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Omondi v Republic (Criminal Appeal E173 of 2022) [2023] KEHC 26534 (KLR) (Crim) (14 December 2023) (Judgment)
✦ The conviction is quashed and the sentence set aside. A retrial is ordered.
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Republic v Korir (Criminal Case 23 of 2016) [2023] KEHC 26664 (KLR) (14 December 2023) (Ruling)
✦ The accused has a case to answer and is placed on his defence.
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Transfreight Logistics Limited v Aqua Marine Sealife Co Limited (Miscellaneous Application E011 of 2023) [2023] KEHC 27221 (KLR) (14 December 2023) (Ruling)
✦ The Application is dismissed as there is no merit in it.
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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 Estate of the Late Ernest Kipkoech Too (Deceased) (Succession Cause 6 of 2020) [2023] KEHC 27048 (KLR) (14 December 2023) (Ruling)
✦ The estate of Ernest Kipkoech Too, deceased, be distributed as follows: Peninah Nyambura Too receives LR No. Kericho/Kaptebengwet/446 and LR No. Kericho/Kaptebengwet/451; Rhoda Chelangat Too receives LR No. Kericho/Londiani Block 3/65 and LR No. Kericho/Londiani Block 3/67; the shares of the deceased in companies and societies be sold and shared equally between the three houses; and the 2.75 acres recovered from the re-survey of Kericho/Kaptebengwet/38 be shared equally amongst the three houses with Moses Ngeno and Bernard Chepkwony holding in trust for the 1st house.
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In re Baby EK aka NWW (Adoption Cause E228 of 2022) [2023] KEHC 26873 (KLR) (Family) (14 December 2023) (Judgment)
✦ The court allows the adoption of Bek aka NWW by Rosemary Wangui Wairia, finding it in the child's best interest.
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Moses v Kilonzo & another (Civil Appeal E130 of 2023) [2023] KEHC 27223 (KLR) (14 December 2023) (Ruling)
✦ The court denied the application for a stay of execution pending appeal due to unsatisfactory explanation of the delay in lodging the Memorandum of Appeal.
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Kimani & another v Benson (Civil Appeal E006 of 2023) [2023] KEHC 26945 (KLR) (Civ) (14 December 2023) (Ruling)
✦ The court grants the stay of execution and leave to appeal out of time.
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In re Estate of the Late Bithon Njihia Kamau (Deceased) (Succession Cause 20 of 2019) [2023] KEHC 26947 (KLR) (14 December 2023) (Judgment)
✦ The court revokes both grants and appoints Zipporah W. Mbugua and Peter Njoroge Njihia as joint administrators.
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Dominic v Muyienda {Suing as the personal representative and administrator of the Estate of Nicholas Maraga (Deceased) (Civil Appeal E049 of 2023) [2023] KEHC 26969 (KLR) (14 December 2023) (Ruling)
✦ The application is granted subject to certain conditions.
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Ali & another (Suing as the administrator of the Estate of the Late Hussein Asman Ali)) v Multiple Hauliers (EA) Ltd (Civil Suit 2 of 2016) [2023] KEHC 26919 (KLR) (14 December 2023) (Ruling)
✦ The application is allowed, and the judgment dated 3rd August 2017 is reviewed to the extent that the loss of dependency awarded is reduced to Ksh 3,000,000/=
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Republic v Odour (Criminal Case E045 of 2023) [2023] KEHC 26939 (KLR) (Crim) (14 December 2023) (Ruling)
✦ The court denies the application for bail due to compelling reasons, including the accused's potential to interfere with witnesses and the risk of endangering the safety of the accused.
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Cherop v Republic (Criminal Appeal 25 of 2020) [2023] KEHC 26869 (KLR) (14 December 2023) (Judgment)
✦ The appeal is dismissed, and the case is closed.
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In re Estate of Peter Makale Kisili (Deceased) (Succession Cause 272 of 2014) [2023] KEHC 26469 (KLR) (14 December 2023) (Ruling)
✦ The grant is revoked, and three new administrators are appointed: the current Administrator, Enock Chemiati Makale, and one other appointed by the remaining beneficiaries.
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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.