Kenyan case law
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Maharu Dire & 7 others v Republic [2019] KEHC 1785 (KLR)
✦ The appeal on conviction is disallowed. The sentence is set aside and replaced with the period already served. The appellants shall be set at liberty and repatriated back to Ethiopia unless otherwise lawfully held.
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In re Estate of Stephen Ouma Ojiambo (Deceased) [2019] KEHC 1847 (KLR)
✦ The application is allowed and the grant revoked. The applicant and the respondent are appointed co-administrators.
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EKB v Republic [2019] KEHC 581 (KLR)
✦ The conviction and sentence are upheld
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Omar Ali Abdalla v Attorney General & another [2019] KEHC 545 (KLR)
✦ The court will consider the new evidence to determine if it is compelling and likely to persuade the court to reach a different decision.
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Laxmanbhai Const. Ltd v Joseph Gitonga Warutumo [2019] KEHC 1790 (KLR)
✦ The application is dismissed with costs to the respondent.
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Ahmed Salim Said & another v Munaa Ahmed Salim [2019] KEHC 1486 (KLR)
✦ The High Court judgment cannot be set aside and the Kadhis Court judgment cannot be reinstated.
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In re Estate of Samuel Kikumu Maingi (Deceased) [2019] KEHC 1424 (KLR)
✦ The estate should be distributed equally among the surviving children of the deceased. The grant should be rectified and a new grant issued.
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In re Estate of William Waweru Njoroge (Deceased) [2019] KEHC 1075 (KLR)
✦ The grant of letters of administration shall not be revoked as the Objector was duly notified of the Administrators' petition and her consent was not obtained. The Administrators shall file an application for confirmation of the grant with a mode of distribution that includes the Objector.
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In re Estate of Kabui Mwangi Ruturu (Deceased) (Succession Cause 131 of 2017) [2019] KEHC 1419 (KLR) (3 December 2019) (Judgment)
✦ The objector is a wife to the deceased and a beneficiary. The grant is revoked, and a new grant is issued to the petitioner and the objector. Nyandarua/Kahuru/2249 is included in the estate and transferred to Daniel Muhia. 4.5 acres of Nyandarua/Kahuru/2246 are transferred to the respective purchasers. The remaining 7.5 acres are shared equally among the 11 beneficiaries.
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Burhani Paints & Hardware v Mohamed Iqbal Abdulaziz & 2 others [2019] KEHC 199 (KLR)
✦ The court grants leave to appeal out of time and grants a stay pending appeal, but the full decretal sum of Kshs.2,760,472.73, excluding costs, must be deposited in an interest-bearing account in the joint names of the advocates for the parties within 30 days from today.
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Nancy Ndea Muriithi & another v Moses Kinyua Ndwiga [2019] KEHC 1114 (KLR)
✦ The appeal is partly successful, and the award for loss of earnings is set aside. The award for loss of earning capacity is substituted with 10,071x12x15 = 1,812,780/=, and the total award is Kshs. 2,276,446/=.
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Musilu Matuku v Republic [2019] KEHC 946 (KLR)
✦ The sentence imposed by the trial court is set aside and substituted with a sentence of four (4) years imprisonment.
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Republic v Ndolo Nzyuko [2019] KEHC 1702 (KLR)
✦ The prosecution has made out a case against the accused and he is placed on his defence under section 306(2) Criminal Procedure Code.
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Abdiaziz Mohammed Warsame v Director of Public Prosecutions & another [2019] KEHC 1784 (KLR)
✦ The court dismissed the petition, finding that the petitioner did not have a prima facie case and that the forfeiture was in accordance with the law.
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Muturi Kigano v John Njenga Mungai & 4 others [2019] KEHC 635 (KLR)
✦ The Plaintiff's claim for breach of contract and wrongful inducement is dismissed.
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Erick Musyoka Mutemi v Republic [2019] KEHC 924 (KLR)
✦ The sentences shall run concurrently
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Ali Kassim Kamau v Mahmed Adams Kimani & 2 others [2019] KEHC 634 (KLR)
✦ The application is struck out with an order that each party shall bear their own costs of the proceedings.
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J T T v Republic [2019] KEHC 12214 (KLR)
✦ The sentence is upheld with modifications, including fines and reduced terms of imprisonment for counts II, V, III, and VI, and counts IV and VII.
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James Ngala Mbuvi v Family Bank Limited & another [2019] KEHC 1085 (KLR)
✦ The application fails and is dismissed with no orders as to costs
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Republic v Director of Public Prosecutions & 2 others Public Prosecutions ; Ex-parte Applicants & 4 others [2019] KEHC 336 (KLR)
✦ The application is dismissed with no orders as to costs.
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CKK v PM [2019] KEHC 505 (KLR)
✦ The court declares that the Defendant holds the matrimonial properties in trust for the Plaintiff. The properties are protected, and the Plaintiff is entitled to a part or some of the properties listed.
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Directline Assurance Company Ltd v Samuel Kamau Macharia & 3 others [2019] KEHC 1981 (KLR)
✦ The court grants the withdrawal of the case and vacates the orders of October 15, 2019.
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Becky Nyanchama Onyancha v Lydiah Atieno Ogola (Succession Appeal 1 of 2019) [2019] KEHC 275 (KLR) (2 December 2019) (Judgment)
✦ The order transferring the parcel of land (Kisumu/Ojola/5531) to the Respondent is set aside, and the registration of the Respondent as the sole proprietor is revoked.
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Elizabeth Wamboi Gichoni v Virginia Achieng Achola [2019] KEHC 806 (KLR)
✦ The trial court erred in awarding KShs.300,000 in general damages, and the appeal is upheld.
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Joseph Rianangura v Republic [2019] KEHC 12151 (KLR)
✦ The court found the prosecution's evidence sufficient to prove the appellant's guilt of gang rape and indecent act.