Kenyan case law
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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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Republic v Letio (Criminal Case 40 of 2017) [2023] KEHC 26878 (KLR) (14 December 2023) (Ruling)
✦ The court finds that the prosecution has established a prima facie case to warrant the accused being put on the defence.
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Ndirangu v Agricultural Finance Corporation & another (Civil Suit E033 of 2023) [2023] KEHC 27233 (KLR) (14 December 2023) (Ruling)
✦ The Application for Injunction is allowed.
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Sioge v Nyege & another (Miscellaneous Civil Application E138 of 2022) [2023] KEHC 27382 (KLR) (14 December 2023) (Ruling)
✦ Leave to file appeal out of time is granted
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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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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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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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Gitonga & 2 others v Director of Public Prosecutions (Criminal Appeal E019 & E020 of 2023 (Consolidated)) [2023] KEHC 26637 (KLR) (14 December 2023) (Judgment)
✦ The court found that the prosecution proved the offence of robbery with violence, but the evidence of visual identification was not water tight and raised a reasonable doubt about the appellants' culpability.
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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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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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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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In re Estate of Matiri Mwitia (Deceased) (Succession Cause 258 of 2006) [2023] KEHC 26690 (KLR) (14 December 2023) (Ruling)
✦ The court empowers the Deputy Registrar to execute all relevant documents in place of the respondent
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Ogise v Republic (Criminal Appeal E025 of 2022) [2023] KEHC 26971 (KLR) (14 December 2023) (Ruling)
✦ The application for bail pending appeal is dismissed as the appellant has not demonstrated high chances of success or likelihood of serving a substantial part of the sentence before the appeal is heard.
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Omambia v Omambia (Family Appeal E004 of 2023) [2023] KEHC 26962 (KLR) (14 December 2023) (Judgment)
✦ The Appellant's objection to the grant lacked merit and the court directed the parties to file their proposals on the mode of distribution.
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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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Kitonga & another v Hamisi (Legal representative of The Estate of the Late Hamisi Juma Okusimba) (Miscellaneous Application E279 of 2023) [2023] KEHC 27220 (KLR) (14 December 2023) (Ruling)
✦ The application was allowed as the reason for delay was not sufficient to grant a stay of execution.
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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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Zoo Football Club v Football Kenya Federation & 2 others; Nairobi United Football Club (Interested Party) (Constitutional Petition 15 of 2022) [2023] KEHC 26681 (KLR) (14 December 2023) (Ruling)
✦ The petitioner's appeal is dismissed as he is a member of the Football Kenya Federation and is bound by its constitution which requires the payment of an appeals fee.
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Kenya Orient Insurance Limited v Okuku (Civil Appeal E039 of 2022) [2023] KEHC 27235 (KLR) (14 December 2023) (Judgment)
✦ The Court held that the Trial Court did not misapprehend the law and that the Respondent was entitled to claim under the statute.
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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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Wainaina v Republic (Criminal Appeal E029 of 2023) [2023] KEHC 26396 (KLR) (14 December 2023) (Judgment)
✦ The appeal is dismissed
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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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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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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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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.