Kenyan case law
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In re BM & JM (Minors) (Adoption Cause E001 & E002 of 2022) [2023] KEHC 27289 (KLR) (13 December 2023) (Judgment)
✦ An adoption order is granted for the minors BM and JM, and VKM is appointed as their legal guardian.
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IN re baby TO AKA NMS (The Child) (Adoption Cause E013 of 2023) [2023] KEHC 26852 (KLR) (13 December 2023) (Judgment)
✦ The Originating Summons is allowed, and the applicants are authorized to adopt Baby T.O. AKA NMS, who shall be known as NMS.
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Muri Mwaniki & Wamiti Advocates v Kenya Orient Insurance Limited (Miscellaneous Application 67 of 2019) [2023] KEHC 26477 (KLR) (13 December 2023) (Ruling)
✦ The court can grant the orders sought for review of the ruling on bill of costs, and the bill of costs is remitted back to the taxing master to address the deposit already paid.
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Bii v Republic (Criminal Petition E014 of 2023) [2023] KEHC 26644 (KLR) (13 December 2023) (Ruling)
✦ The application for inclusion of time spent in custody prior to sentencing is dismissed.
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Mulandi v Swaleh t/a Galba Petroleum Ltd (Civil Appeal 38 of 2022) [2023] KEHC 26896 (KLR) (13 December 2023) (Judgment)
✦ The appeal is dismissed with costs.
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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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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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Mpalia v Wanyama (Civil Appeal E087 of 2022) [2023] KEHC 26776 (KLR) (13 December 2023) (Judgment)
✦ The appeal is dismissed. The trial court's award of Kshs. 600,000/- in general damages is upheld.
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Cheruiyot v Republic (Miscellaneous Criminal Application E023 of 2023) [2023] KEHC 26679 (KLR) (13 December 2023) (Ruling)
✦ The court denied the application for inclusion of the remand period in the sentence and dismissed the application for resentencing
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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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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 Muthoni (Criminal Case 9 of 2020) [2023] KEHC 26485 (KLR) (13 December 2023) (Judgment)
✦ The accused is not guilty of murder.
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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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Kimenye & another v Otieno (Civil Appeal E10 of 2020) [2023] KEHC 26881 (KLR) (13 December 2023) (Ruling)
✦ The appeal should not be dismissed for want of prosecution as directions had not been given by the appellant within three months after the filing of the appeal. The court has the power to dismiss the appeal on its own motion if it is not set down for hearing within a year from the date of filing and service of the memorandum of appeal.
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Mwaniki v Republic (Constitutional Petition E011 of 2023) [2023] KEHC 26499 (KLR) (13 December 2023) (Ruling)
✦ The court lacks jurisdiction to entertain the petition as the issues have been exhaustively determined.
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Mugambi Rutere t/a Giant Auctioneers v Kimunye Tea Factory Co. Ltd (Miscellaneous Application 43 of 2022) [2023] KEHC 26481 (KLR) (13 December 2023) (Ruling)
✦ The charges should be taxed at 2% of the value of the attached goods (Kshs. 10,000,000) and the application is dismissed.
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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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Muchomba & another v Ndiku a.k.a Mbole (Civil Appeal E046 of 2021) [2023] KEHC 26403 (KLR) (13 December 2023) (Judgment)
✦ The appeal is allowed in part, the quantum for general damages is reduced.
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Republic v Kipngetich & another (Criminal Case E019 of 2023) [2023] KEHC 27015 (KLR) (13 December 2023) (Ruling)
✦ The court denied the application for bail and ordered the accused persons to be remanded in custody.
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Nyaga v Attorney General (On Behalf of the Ministry of Environment, Water and Natural Resources) (Civil Appeal E019 of 2023) [2023] KEHC 26484 (KLR) (13 December 2023) (Judgment)
✦ The appeal is allowed, and the appellant is awarded damages for loss of use at Kshs.2000/= per day from the date of the accident until payment in full.
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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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Koech & another v Mutai (Suing as legal representative of the Estate of the Late Joseph Kipngetich Mutai) (Civil Appeal 18 of 2019) [2023] KEHC 27021 (KLR) (13 December 2023) (Judgment)
✦ The appeal is allowed, and the judgment of the trial court is set aside. The suit is dismissed.
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Republic v District Land Registrar, Kajiado & 2 others (Judicial Review Application E003 of 2022) [2023] KEHC 27308 (KLR) (13 December 2023) (Ruling)
✦ The High Court does not have jurisdiction to handle this matter as it falls within the jurisdiction of the Environment and Land Court.
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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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Republic v Ngetich & another (Criminal Case E021 of 2023) [2023] KEHC 26667 (KLR) (13 December 2023) (Ruling)
✦ The court grants both accused persons a bond of Kshs.200,000/= with one surety of similar amount each.