Kenyan case law
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Haria v Credit Bank Limited (Miscellaneous Civil Application E104 of 2023) [2023] KEHC 26619 (KLR) (8 December 2023) (Ruling)
✦ The application for extension of time is dismissed with no order as to costs.
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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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Grobler v Cabinet Secretary for Interior & Coordination of National Government (Civil Appeal E658 of 2021) [2023] KEHC 26443 (KLR) (Civ) (8 December 2023) (Ruling)
✦ The court grants a conditional temporary order staying execution of the Respondent's decision pending the determination of the appeal.
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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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Muthiani v Republic (Criminal Appeal E001 of 2020) [2023] KEHC 26653 (KLR) (8 December 2023) (Judgment)
✦ The appellant was properly convicted of delement, and the sentence of life imprisonment was set aside and substituted with a sentence of twenty (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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Githinji & another v Orege & 2 others (Civil Appeal E477 of 2021) [2023] KEHC 26526 (KLR) (Civ) (8 December 2023) (Judgment)
✦ The appeal is allowed to the extent that the award of Kshs. 350,000.00 as general damages is set aside and substituted with an award of Kshs. 250,000.00.
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In re Estate of Akram Amrani Mohamed (Deceased) (Succession Cause E113 of 2021) [2023] KEHC 27438 (KLR) (8 December 2023) (Ruling)
✦ The preliminary objection is dismissed.
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Otieno trading as OM Otieno & Co Advocates v African Merchant Assurance Company Ltd (Miscellaneous Civil Application 87 of 2021) [2023] KEHC 26606 (KLR) (8 December 2023) (Ruling)
✦ The Application is allowed, and judgment is entered for the Applicant in the sum of Ksh. 143,745.00 with interest and the case is closed.
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Kinoti & 2 others v Republic (Miscellaneous Criminal Application E030 of 2022) [2023] KEHC 26336 (KLR) (8 December 2023) (Ruling)
✦ The application is dismissed as the court has no jurisdiction to review the sentence.
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Ochieng v Republic (Criminal Appeal E012 of 2023) [2023] KEHC 26308 (KLR) (8 December 2023) (Judgment)
✦ The court affirmed the conviction but reduced the sentence from 20 years to 7 years.
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Oduodi & another v Busia County Education Board & another; Director of Education for Busia County & another (Interested Parties) (Civil Appeal E421 of 2021) [2023] KEHC 26325 (KLR) (Civ) (8 December 2023) (Judgment)
✦ The appeal lacks merit and is dismissed.
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Republic v Nyabuti & another (Criminal Case E036 of 2023) [2023] KEHC 26319 (KLR) (Crim) (8 December 2023) (Ruling)
✦ The court denied the application for bail due to the likelihood of interference with witnesses, the public order, peace, and security, and the accused being a flight risk.
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Mandavia v Director of Public Prosecution & 2 others (Miscellaneous Criminal Application E021 of 2022) [2023] KEHC 26598 (KLR) (Crim) (8 December 2023) (Ruling)
✦ The court found that the trial court's issuance of a warrant of arrest against the applicant was proper and denied the applicant's request for a stay of execution of the arrest warrant and lifting of the warrant of arrest.
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Republic v Principal Secretary, Ministry of Defence; Waithaka (Exparte) (Application 276 of 2015) [2023] KEHC 26460 (KLR) (Judicial Review) (8 December 2023) (Ruling)
✦ The application is dismissed but no orders as to costs are made.
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Republic v Director, Kenya School of Law & 2 others; Abdi (Exparte) (Application E114 of 2023) [2023] KEHC 26299 (KLR) (Judicial Review) (8 December 2023) (Judgment)
✦ The court held that there was no provision in the Legal Education Act on execution of the LEAT judgment. It was not clear whether the Tribunal had made any rules which would inform execution of the Tribunals judgments, as part of 'other matters' for which such rules were to be made. The court doubted that such a material aspect of the appeal process as execution of the Tribunals judgments would be catered for in the rules rather than in the primary legislation.
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Tingai v Republic (Criminal Appeal 10 of 2018) [2023] KEHC 26513 (KLR) (8 December 2023) (Judgment)
✦ The conviction and sentence of life imprisonment are upheld, but the appellant is re-sentenced to 20 years imprisonment.
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Munyiri v Attorney General & another (Judicial Review E0161 of 2023) [2023] KEHC 26880 (KLR) (Judicial Review) (8 December 2023) (Ruling)
✦ The court allows the application and grants leave to institute Judicial Review proceedings.
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Miguna v Standard Group Ltd & 12 others (Civil Suit 124 of 2017) [2023] KEHC 26448 (KLR) (Civ) (8 December 2023) (Ruling)
✦ The motion to set aside the dismissal for want of prosecution is allowed, and the suit is reinstated. The applicant must prosecute the suit to conclusion by May 31, 2024, or the suit will be dismissed for want of prosecution.
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Hamisi v Republic (Criminal Appeal E018 of 2023) [2023] KEHC 26317 (KLR) (8 December 2023) (Order)
✦ The appeal is dismissed
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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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In re Baby MH (A Child) (Adoption Cause E016 of 2023) [2023] KEHC 27355 (KLR) (8 December 2023) (Judgment)
✦ The application for adoption is allowed, and Baby MH is adopted as M.A.M.
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Republic v Royal Mabati Factory Limited & 2 others (Criminal Appeal 69 of 2019) [2023] KEHC 26313 (KLR) (8 December 2023) (Judgment)
✦ The appeals are dismissed as the trial court did not err in its rulings.
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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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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.