Kenyan case law
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Ouma Maurice Otieno Trading as O.M. Otieno & Co. Advocates v African Merchant Assurance Company Ltd (Miscellaneous Civil Application 82 of 2021) [2023] KEHC 26352 (KLR) (8 December 2023) (Ruling)
✦ The Application is allowed, and Judgment is entered for the Applicant in the sum of Ksh 84,485.00 with interest and the case is closed.
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GKW v Republic (Criminal Appeal E122 of 2023) [2023] KEHC 26318 (KLR) (Crim) (8 December 2023) (Judgment)
✦ The conviction is upheld, and the sentence is affirmed.
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Orumoi v Republic (Criminal Appeal E006 of 2021) [2023] KEHC 26627 (KLR) (8 December 2023) (Judgment)
✦ The conviction is affirmed. The appellant is sentenced to 20 years imprisonment.
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Kukai v Bom Kapngetir Primary School (Miscellaneous Civil Application E015 of 2023) [2023] KEHC 26433 (KLR) (8 December 2023) (Ruling)
✦ The Application succeeds, and the Appellant is given leave to le the intended Appeal within fourteen (14) days from the date hereof
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Otieno trading as OM Otieno & Co Advocates v African Merchant Assurance Company (Miscellaneous Civil Application 75 of 2021) [2023] KEHC 26616 (KLR) (8 December 2023) (Ruling)
✦ The application is allowed, and judgment is entered for the applicant against the respondent in the sum of Ksh. 211,620.00 with interest and the file is closed.
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In re Estate of Samuel Mucheru Kinyua (Deceased) (Succession Cause 373 of 2009) [2023] KEHC 27180 (KLR) (Family) (8 December 2023) (Ruling)
✦ The court orders the Respondent to sign transfer forms for certain properties and directs the Administrator to file an application for rectification of the grant for another property.
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Nyabuto & 2 others v Republic (Criminal Appeal E014 of 2023) [2023] KEHC 26289 (KLR) (8 December 2023) (Judgment)
✦ The conviction of Douglas Mose Nyabuto is quashed and the sentence is set aside. The appeal by Lawrence Onyiego Mokaya and Evans Arisi Moturi is dismissed.
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Ouma Maurice Otieno Trading as O.M. Otieno & Co. Advocates v African Merchant Assurance Company Ltd (Miscellaneous Civil Application 64 of 2021) [2023] KEHC 26358 (KLR) (8 December 2023) (Ruling)
✦ The Application is allowed, and judgment is entered for the Applicant in the sum of Ksh.187,165.00 with interest from 17/6/2023.
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Kiboinett v Office of the Director of Public Prosecutions & 5 others (Constitutional Petition 01 of 2023) [2023] KEHC 26378 (KLR) (8 December 2023) (Ruling)
✦ The Petitioner's prayer for Conservatory Orders is dismissed with costs.
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Ouma Maurice Otieno Trading as O.M. Otieno & Co. Advocates v African Merchant Assurance Company Ltd (Miscellaneous Civil Application 71 of 2021) [2023] KEHC 26351 (KLR) (8 December 2023) (Ruling)
✦ The Application is allowed, and judgment is entered for the Applicant in the amount of Ksh. 115,905.00 with interest from 16/12/2022.
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China Home-In Investment (K) Ltd v W. J. J. Kenya Construction Co Ltd; Mutunga (Interested Party) (Civil Suit E115 of 2022) [2023] KEHC 26371 (KLR) (Commercial and Tax) (8 December 2023) (Ruling)
✦ The arbitrator was regularly appointed and has jurisdiction to hear the dispute. The applicant's allegation of bias does not meet the threshold for removal.
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Mukono & another v Republic (Criminal Revision E032 & E020 of 2023 (Consolidated)) [2023] KEHC 26522 (KLR) (8 December 2023) (Ruling)
✦ The application is dismissed, but the period spent in remand custody is to be included in the computation of the sentences.
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Republic v Mwangi (Criminal Case E023 of 2023) [2023] KEHC 26543 (KLR) (8 December 2023) (Ruling)
✦ The accused shall be released on bond/bail with specified conditions
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Obiero & 3 others v Kwanza Estates Limited (Civil Appeal E087 of 2022) [2023] KEHC 26583 (KLR) (8 December 2023) (Ruling)
✦ The preliminary objection is dismissed with costs of Kshs, 20,000/=.
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Lomala v Republic (Court Martial Appeal E001 of 2020) [2023] KEHC 26383 (KLR) (Crim) (8 December 2023) (Judgment)
✦ The court upheld the conviction and sentence for stealing ammunition but quashed the sentence for being absent without official leave.
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In re Estate of Karsandas Tribhovan Padia (Deceased) (Succession Cause 1272 of 2016) [2023] KEHC 27179 (KLR) (Family) (8 December 2023) (Ruling)
✦ The restriction placed by Preeti Karsandas Tribhovan Padia on the property is lifted, and she is ordered to sign the relevant applications and transfer forms within 21 days.
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Republic v Mount Kenya University; Isaac (Exparte) (Miscellaneous Application E048 of 2023) [2023] KEHC 26493 (KLR) (Judicial Review) (8 December 2023) (Judgment)
✦ The application is dismissed with costs
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Ouma Maurice Otieno Trading as O.M. Otieno & Co. Advocates v African Merchant Assurance Company Ltd (Miscellaneous Civil Application 101 of 2021) [2023] KEHC 26356 (KLR) (8 December 2023) (Ruling)
✦ The Application is allowed, and judgment is entered for the Applicant in the sum of Ksh. 86,608.00 with interest and the case is closed.
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Ouma Maurice Otieno Trading as O.M. Otieno & Co. Advocates v African Merchant Assurance Company Ltd (Miscellaneous Civil Application 93 of 2021) [2023] KEHC 26357 (KLR) (8 December 2023) (Ruling)
✦ The Application is allowed, and Judgment is entered for the Applicant in the sum of Ksh 203,359.00 with interest and the file is closed.
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Njoroge v Republic (Miscellaneous Criminal Application E018 of 2023) [2023] KEHC 26541 (KLR) (8 December 2023) (Ruling)
✦ The court grants the applicant's request to be released on reasonable bail terms pending investigations
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Otundo v Republic (Criminal Appeal 70 of 2023) [2023] KEHC 26515 (KLR) (8 December 2023) (Judgment)
✦ The court finds that the appellant did report the loss of his firearm promptly and that his actions were not in violation of section 92(2) of the National Police Service Act.
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Monka & 2 others v Republic (Criminal Appeal E008 of 2022) [2023] KEHC 26315 (KLR) (8 December 2023) (Judgment)
✦ The prosecution proved the case of stock theft beyond reasonable doubt and the conviction is affirmed. The sentence of seven (7) years imprisonment is set aside and substituted with an order of compensation of Kshs 16,000 in default to serve (3) years imprisonment.
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Ouma Maurice Otieno Trading as O.M. Otieno & Co. Advocates v African Merchant Assurance Company Ltd (Miscellaneous Civil Application 59 of 2021) [2023] KEHC 26354 (KLR) (8 December 2023) (Ruling)
✦ The Application is allowed, and Judgment is entered for the Applicant against the Respondent in the sum of Ksh.146,650.00 with interest and the file is closed.
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Gichigi v Gichigi (Succession Cause 2123 of 2007) [2023] KEHC 27188 (KLR) (Family) (8 December 2023) (Ruling)
✦ The application for review is dismissed, and the estate's grant is revoked.
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Tanui v Kenei & another (Miscellaneous Civil Application E104 of 2023) [2023] KEHC 26281 (KLR) (8 December 2023) (Ruling)
✦ The Application fails and the Notice of Motion is hereby dismissed with costs to the 1st Respondent.