Kenyan case law
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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 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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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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Equity Bank Limited v Chepkwony & 4 others (Civil Appeal 01 of 2023) [2023] KEHC 27217 (KLR) (13 December 2023) (Judgment)
✦ The appeal is dismissed with costs, except for the alteration or variation of the trial court's decision on general damages, which is set aside.
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Ndungu v Ikumbu; PGS Enterprises Limited (Objector) (Civil Suit 193 of 2011) [2023] KEHC 26438 (KLR) (13 December 2023) (Ruling)
✦ The court found that the defendant was not in possession of the land at the time of execution and that the land had not been subdivided as claimed. The prohibition order was upheld.
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Republic v Mutai alias Robert Kipngetich Mutai (Criminal Case 053 of 2021) [2023] KEHC 27014 (KLR) (13 December 2023) (Sentence)
✦ The court sentences the accused to serve 3 years on Probation under the Supervision of Kericho County Probation Officer.
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Republic v Okilo (Criminal Case E025 of 2021) [2023] KEHC 27383 (KLR) (13 December 2023) (Ruling)
✦ The court finds no prima facie case against the accused and acquits him.
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In re Estate of Late Enock Kitoi Maina (Deceased) (Succession Cause 191 of 2000) [2023] KEHC 27044 (KLR) (13 December 2023) (Ruling)
✦ The court dismisses the petition and issues orders for a re-survey of the parcels of land and extension of time for Emily Chepkirui Rono to apply for conrmation of the grant.
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In re JW & LN (Minors) (Adoption Cause E012 of 2023) [2023] KEHC 26395 (KLR) (13 December 2023) (Judgment)
✦ The court finds that the applicants are fit to adopt the minors and that adoption is in the best interests of the children.
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West Kenya Sugar Company Limited v Shikuku t/a Eshikoni Auctioneers (Miscellaneous Application E047 of 2023) [2023] KEHC 26620 (KLR) (13 December 2023) (Ruling)
✦ The matter shall be mentioned on 20th December 2023, for compliance and further directions.
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In re Estate of Timothy Mbondo Ndolo (Deceased) (Succession Cause 26 of 1984) [2023] KEHC 26594 (KLR) (13 December 2023) (Ruling)
✦ The Ruling is dismissed, and the process of distribution of the estate is to be regularized by appointment of Administrators and may adopt earlier mode of distribution if all beneficiaries agree.
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Republic v Meli (Criminal Case 32 of 2018) [2023] KEHC 27012 (KLR) (13 December 2023) (Sentence)
✦ The court sentences the accused to serve 3 years on probation under the supervision of the Kericho County Probation Officer.
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Meoli & 3 others v Meoli & 3 others (Succession Cause E014 of 2022) [2023] KEHC 27304 (KLR) (13 December 2023) (Ruling)
✦ The Citors are awarded costs of moving to court.
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Republic v Katumbu & 2 others (Criminal Case E028 of 2023) [2023] KEHC 26580 (KLR) (13 December 2023) (Ruling)
✦ The application for bail/bond is denied due to the ongoing investigations and the potential risk to public order.
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Wambia v Co-Operative Bank of Kenya (Miscellaneous Reference Application E030 of 2023) [2023] KEHC 26621 (KLR) (13 December 2023) (Ruling)
✦ The costs are quashed and substituted with a new total of Kshs. 116,535.00
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Matunda Fruits Bus Services Ltd v Owino & another (Suing as the Legal Representatives of the Estate of the Late Stephen Omondi Odol) (Civil Appeal 91 of 2019) [2023] KEHC 26401 (KLR) (13 December 2023) (Judgment)
✦ The court upheld the awards for pain and suffering, loss of expectation of life, and special damages. The court found that the trial court did not err in failing to adopt a global sum award for loss of dependency.
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Otieno Ragot & Company Advocates v County Government of Kisumu (Miscellaneous Civil Application E020 of 2023) [2023] KEHC 26870 (KLR) (13 December 2023) (Ruling)
✦ The court enters judgment in favor of the advocate for the sum of Kshs 156,060, and interest at 14% per annum from January 5, 2023 until payment in full.
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In re Francis Kiprotich Langat (Suing Through Next Friend) (Miscellaneous Application E008 of 2023) [2023] KEHC 26673 (KLR) (13 December 2023) (Ruling)
✦ The court finds Francis Kiprotich Langat incapable of protecting his interests and orders a judicial inquiry.
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In re Estate of Daniel Njogu Macharia (Deceased) (Succession Cause 7 of 2017) [2023] KEHC 26592 (KLR) (13 December 2023) (Ruling)
✦ The application to call 2 witnesses is granted, and the case management is scheduled for January 25, 2024.
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Republic v Ngetich (Criminal Case 38 of 2016) [2023] KEHC 26665 (KLR) (13 December 2023) (Sentence)
✦ The court sentences the accused to 3 years on probation under the supervision of Kericho County Probation Officer.
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Musyoka v Republic (Criminal Appeal E024 of 2022) [2023] KEHC 26444 (KLR) (13 December 2023) (Judgment)
✦ The appeal is dismissed as the sentence is within the discretion of the trial court and not manifestly excessive.
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Zakaria & 2 others v Riungu & another (Civil Appeal 63 of 2022) [2023] KEHC 26483 (KLR) (13 December 2023) (Judgment)
✦ The court upheld the grant and dismissed the appeal, finding that the trial magistrate correctly exercised his jurisdiction.
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Republic v Muriuki (Criminal Case 12 of 2019) [2023] KEHC 26926 (KLR) (13 December 2023) (Ruling)
✦ The court finds that the prosecution has made a prima facie case against the accused and that she has a case to answer and is put on her defence.
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Bett v Republic (Miscellaneous Criminal Application E018 of 2023) [2023] KEHC 27034 (KLR) (13 December 2023) (Ruling)
✦ Death sentence set aside, substituted with 20 years imprisonment to run from September 1, 2016
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Maiko & another v Maiko & 2 others (Succession Cause 702 of 2011) [2023] KEHC 27624 (KLR) (13 December 2023) (Ruling)
✦ The grant of Letters of Administration Intestate was revoked due to the 10-year delay in applying for confirmation and the failure to subdivide the estate in accordance with the grant.