Kenyan case law
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Choti alias Ibrahim C Osoro v Nyang’au (Civil Appeal E043 of 2022) [2023] KEHC 27388 (KLR) (14 December 2023) (Ruling)
✦ The Appellant's application is dismissed as it is barred by res judicata due to the previous ex-parte assessment of interest in the earlier civil suit.
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In re Estate of Stanley Manyara Murithi (Deceased) (Civil Appeal E027 of 2023) [2023] KEHC 26628 (KLR) (14 December 2023) (Ruling)
✦ The Applicant’s application for review and setting aside of the July 27, 2023 order is dismissed with no order for costs
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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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Republic v Okumiah (Criminal Case E014 of 2023) [2023] KEHC 27093 (KLR) (14 December 2023) (Sentence)
✦ The Accused is sentenced to ten (10) years imprisonment.
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Blooming Bliss Kenya Limited v Ocean Freight (EA) Limited & another (Civil Suit 53 of 2018) [2023] KEHC 26938 (KLR) (14 December 2023) (Ruling)
✦ The court corrects the clerical and arithmetic errors in the judgment, amending the costs and penalties accordingly.
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Abdi & another v Weme (Civil Appeal E15 of 2021) [2023] KEHC 27349 (KLR) (14 December 2023) (Judgment)
✦ The appeal is dismissed with costs of Kshs. 125,000.
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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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Soud & another v El-Busaidi (Trustees of Sheikh Ali Bin Salim Trust aka Malindi School Trust) (Commercial Case 5 of 2022) [2023] KEHC 27230 (KLR) (14 December 2023) (Ruling)
✦ The Preliminary Objection is dismissed as it is not based on disputed facts or facts requiring further enquiry.
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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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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 26487 (KLR) (14 December 2023) (Ruling)
✦ The application is dismissed with costs.
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Kaume v DPP (Petition E073 of 2023) [2023] KEHC 26682 (KLR) (14 December 2023) (Judgment)
✦ The mandatory death sentence for robbery with violence under Section 296(2) of the Penal Code is held to be unconstitutional. Petitioner is resentenced to serve 20 years from the date of his arrest.
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Republic v Chepchirchir (Criminal Case 36 of 2019) [2023] KEHC 27013 (KLR) (14 December 2023) (Ruling)
✦ The court finds that the prosecution has established a prima facie case and that the accused has a case to answer.
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Abdulgater Shariff Saleh & another v Southern Credit Bank Limited & 2 others (Civil Case 245 & 165 of 2010 (Consolidated)) [2023] KEHC 27236 (KLR) (14 December 2023) (Ruling)
✦ The court dismissed the application to reinstate the suit and grant an injunction, finding insufficient cause for setting aside the dismissal order.
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Director of Public Prosecutions v Decosta (Criminal Case 32 of 2018) [2023] KEHC 26641 (KLR) (14 December 2023) (Judgment)
✦ The court found that the prosecution proved the death of Halima and that Accused caused the death with malice aforethought.
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Yoro v Republic (Miscellaneous Criminal Application 151 of 2018) [2023] KEHC 26865 (KLR) (14 December 2023) (Ruling)
✦ The mandatory sentence for robbery with violence is unconstitutional, and the court can impose a sentence other than death in an appropriate case.
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In re Baby AK (Child) (Adoption Cause 8 of 2018) [2023] KEHC 26976 (KLR) (14 December 2023) (Ruling)
✦ The court allows the application and orders the adoption of Baby A.K. by JCM, appoints K.M and V.C.M as legal guardians, and directs the Registrar General to register the adoption.
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Kiplagat v Panel Freighters Company Limited & another (Civil Appeal 15 of 2021) [2023] KEHC 27218 (KLR) (14 December 2023) (Judgment)
✦ The court finds that the culpable party was more the Appellant than the Second Respondent.
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Nyarieko v Corris (Civil Appeal E059 of 2021) [2023] KEHC 26597 (KLR) (14 December 2023) (Judgment)
✦ The appeal is dismissed, and the trial court's award of Kshs. 300,000 in general damages is upheld.
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Abha v Director of Criminal Investigations Nakuru & 2 others (Miscellaneous Criminal Application E097 of 2023) [2023] KEHC 26866 (KLR) (14 December 2023) (Ruling)
✦ The court held that the applicant is not entitled to the orders sought and that anticipatory bail is not a specific right under the Constitution.
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Republic v Ombona (Criminal Revision E175 of 2022) [2023] KEHC 26957 (KLR) (Crim) (14 December 2023) (Ruling)
✦ Application for revision dismissed
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Mwanza v Republic (Miscellaneous Criminal Application E188 of 2023) [2023] KEHC 26966 (KLR) (14 December 2023) (Ruling)
✦ The applicant will serve the remaining 2 years of his sentence on probation supervision.
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Ahmed Ali Twahir t/a Kilindini Royal Transport Services v MJ Clarke Limited (Civil Suit E073 of 2021) [2023] KEHC 26662 (KLR) (14 December 2023) (Judgment)
✦ The court held that the plaintiff failed to prove his case on a balance of probabilities and thus did not sustain his claim.
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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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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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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.