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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Isaak v Githogori & Harrison Associates Advocates (Miscellaneous Application E057 of 2022) [2023] KEHC 27306 (KLR) (14 December 2023) (Ruling)
✦ The Applicant's application is allowed, and the decision of the Taxing Officer is set aside with respect to items 1 and 2 of the Bill of Costs (instruction fees and getting up fees). The Bill of Costs is remitted for fresh taxation by a different Taxing Officer.
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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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JN v Republic (Criminal Revision E054 of 2023) [2023] KEHC 27343 (KLR) (14 December 2023) (Ruling)
✦ Re-sentenced to serve the remaining two years at a probation hostel in Nairobi.
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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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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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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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Kuria v Republic (Criminal Revision E263 of 2023) [2023] KEHC 26940 (KLR) (Crim) (14 December 2023) (Ruling)
✦ The application for setting aside the trial court's ruling to allow the applicant to recall witnesses is dismissed.
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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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Republic v Chege (Criminal Case 27 of 2020) [2023] KEHC 26906 (KLR) (14 December 2023) (Sentence)
✦ The accused is sentenced to serve 9 years imprisonment, starting from October 19, 2020.
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Modern Coast v Momanyi (Suing as the Legal Representative of the Estate of Ezna Gesare Getange (Deceased)) (Civil Appeal E006 of 2023) [2023] KEHC 26571 (KLR) (Civ) (14 December 2023) (Ruling)
✦ The court found that the applicant's counsel made an incorrect entry in the diary, resulting in the applicant's absence from court. The court did not find sufficient grounds to review the order.
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Nyalenda v Republic (Criminal Appeal E001 of 2023) [2023] KEHC 26415 (KLR) (14 December 2023) (Ruling)
✦ The plea was not unequivocal, and the conviction and sentence were based on an equivocal plea. The conviction and sentence are quashed.
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Karuri & another (Suing through the legal representatives of the Estate of David Mburu Karuri (Deceased)) v Njoroge (Civil Appeal 14 of 2019) [2023] KEHC 26922 (KLR) (14 December 2023) (Judgment)
✦ The award of loss of expectation of life is increased to Ksh 200,000/=, while the award of loss of dependency is increased to Ksh. 1,997,864/=
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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.
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Muriuki alias Micheal Ndei Muriuki v Muthee (Civil Appeal E040 of 2021) [2023] KEHC 26895 (KLR) (14 December 2023) (Ruling)
✦ The appeal should not be struck out, and the applicant shall pay the outstanding decretal sum into court as security for the appeal.
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Benard Onkoba t/a Betico Auctioneers v SMEP DTM Limited (Miscellaneous Civil Application 4 of 2016) [2023] KEHC 26411 (KLR) (14 December 2023) (Ruling)
✦ The objection is sustained, and the matter is transferred to the Chief Magistrates Court at Kitale for further dealing.
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In re Estate of M'Imirongo M'Uthaka (Deceased) (Succession Cause 308 of 2010) [2023] KEHC 27046 (KLR) (14 December 2023) (Ruling)
✦ The court grants leave to appeal the dismissal of the application to review the eviction order.
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General Cargo (Transport) Limited v Ndeme (Suing as administrator of the Estate of Mwadingo Mkama Beja - Deceased) (Civil Appeal 174 of 2022) [2023] KEHC 27244 (KLR) (14 December 2023) (Judgment)
✦ The Court of Appeal affirmed the Trial Court's judgment on quantum, upholding the assessment of damages for loss of dependency, loss of expectation of life, pain and suffering, and burial expenses.
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Director of Public Prosecutions v Muriithi (Criminal Case 42 of 2020) [2023] KEHC 26642 (KLR) (14 December 2023) (Ruling)
✦ The court finds the accused not guilty and orders him to be set at liberty unless otherwise lawfully held.
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Ideal Locations Limited v Nakumatt Holdings Limited (Under Administration) & 3 others (Civil Suit 69 of 2018) [2023] KEHC 27347 (KLR) (14 December 2023) (Ruling)
✦ The application for striking out the plaintiff's suit and for costs is dismissed as res judicata.
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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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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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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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Blooming Bliss Kenya Limited v Ocean Freight (EA) Limited & another (Civil Suit 53 of 2018) [2023] KEHC 27348 (KLR) (14 December 2023) (Ruling)
✦ The court corrects the clerical error and the final judgment is USD 48,541 with costs of USD 2,347.
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Muriithi v Director of Public Prosecutions (Criminal Appeal E032 of 2023) [2023] KEHC 26989 (KLR) (14 December 2023) (Judgment)
✦ The Court of Appeal dismissed the appeal, upholding the conviction and sentence.