Kenyan case law
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Ernie Campbell & Company Limited v Gichugu Housing Co-operative Ltd (Civil Appeal 296 of 2012) [2023] KEHC 26273 (KLR) (Civ) (7 December 2023) (Ruling)
✦ The appeal is dismissed, and the funds in the 14 bank accounts should be released to the respondent's Advocates.
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Sonado Ceramics Limited v Wandiri (Suing as the legal representative of the estate of Julius Murithi (Deceased)) (Civil Appeal E129 of 2023) [2023] KEHC 26538 (KLR) (7 December 2023) (Ruling)
✦ The application for stay of execution is dismissed as an abuse of the court process.
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Republic v Ndung’u (Criminal Case 36 of 2020) [2023] KEHC 26271 (KLR) (7 December 2023) (Judgment)
✦ The court finds and holds that the death of the deceased was caused by an unlawful act and that the accused committed the unlawful act which caused the death of the deceased.
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In re Estate of the Late Jeremiah Marete (Deceased) (Succession Cause 222 of 1993) [2023] KEHC 26537 (KLR) (7 December 2023) (Ruling)
✦ The court orders the County Surveyor to survey the land and the OCS to provide security. Any occupants must vacate the land within 30 days upon demarcation.
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Kitili v Republic (Criminal Appeal E164 of 2022) [2023] KEHC 26261 (KLR) (Crim) (7 December 2023) (Judgment)
✦ The conviction is upheld, but the sentence is reduced to 1 year imprisonment and the fine is set aside.
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Matoke v Republic (Criminal Appeal E039 of 2023) [2023] KEHC 26291 (KLR) (7 December 2023) (Judgment)
✦ The conviction is safe and the appeal is dismissed.
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In re Estate of Ezekiel Kiplelei Barngetuny (Deceased) (Probate & Administration 22 of 2021) [2023] KEHC 26268 (KLR) (7 December 2023) (Ruling)
✦ The court ordered an alternative method to resolve the dispute amicably and expeditiously.
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In re Estate of Gedion Rimbere alias Gedion M’rimbere (Deceased) (Succession Cause 152 of 1993) [2023] KEHC 26331 (KLR) (7 December 2023) (Ruling)
✦ The application is dismissed as without merit
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Kirimi v Makena (Civil Appeal E098 of 2021) [2023] KEHC 26334 (KLR) (7 December 2023) (Ruling)
✦ The court finds merit in the appellant's application and allows it, setting aside the dismissal of the appeal and ordering a new hearing on 26/2/2024.
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Mwai v Titus & 3 others (Civil Appeal 67 of 2019) [2023] KEHC 26381 (KLR) (7 December 2023) (Ruling)
✦ Extension of time for substitution is granted, and the appeal is revived.
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Republic v Chepkwony (Criminal Case E019 of 2021) [2023] KEHC 26462 (KLR) (7 December 2023) (Judgment)
✦ The accused is convicted of manslaughter and sentenced to ten (10) years' imprisonment.
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Mokaya v Republic (Criminal Appeal E026 of 2023) [2023] KEHC 26454 (KLR) (7 December 2023) (Judgment)
✦ The conviction and sentence are quashed, and the appellant is set at liberty.
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John v Republic (Criminal Appeal 13 of 2022) [2023] KEHC 26287 (KLR) (6 December 2023) (Judgment)
✦ The appeal is dismissed as the evidence supported the conviction and the sentence was legal and proper.
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Republic v Maunde (Criminal Case E007 of 2023) [2023] KEHC 26247 (KLR) (6 December 2023) (Ruling)
✦ The court denied the accused's request for release on reasonable bail terms due to compelling reasons not to be released.
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Ocean View Residency Limited v China New Era Group (K) Limited & another (Commercial Case E002 of 2023) [2023] KEHC 27237 (KLR) (6 December 2023) (Judgment)
✦ The award is recognized as binding and enforced as a judgment of the court. The applicant is granted leave to enforce the award as a decree of the court. Costs are awarded to the applicant. The file is closed.
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Obegi v Onani (Civil Appeal 184 of 2023) [2023] KEHC 26270 (KLR) (6 December 2023) (Judgment)
✦ The Small Claims Court had jurisdiction to hear the matter, and the appeal is not merited.
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Republic v Kirui (Criminal Case E006 of 2023) [2023] KEHC 26246 (KLR) (6 December 2023) (Ruling)
✦ The accused shall remain in custody during the hearing of the case. Nonetheless, the hearing should be fast-tracked. Vulnerable witness to testify after which bail may be reviewed.
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Cheruiyot v African Merchant Assurance Co Ltd; Ngugi & another (Interested Parties) (Civil Suit E027 of 2022) [2023] KEHC 26529 (KLR) (6 December 2023) (Ruling)
✦ The 2nd Application is allowed, and judgment is entered against the defendant on admission. The 1st Application is dismissed as res judicata.
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Maina v Kagendo (Civil Appeal E157 of 2023) [2023] KEHC 26272 (KLR) (6 December 2023) (Ruling)
✦ The application for stay of execution is granted.
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Republic v Semeiyan alias Dodo & 2 others (Criminal Case E011 of 2021) [2023] KEHC 27320 (KLR) (6 December 2023) (Ruling)
✦ The court finds that there is evidence implicating the accused persons in the murder and orders them to give evidence in defence of their case.
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Abdirahman v Sanil Investments Limited & 2 others (Civil Suit 37 of 2022) [2023] KEHC 27638 (KLR) (6 December 2023) (Judgment)
✦ The court declares that the plaintiff had acquired proprietary interest over the motor vehicle registration number KCL 864C Nissan Advan and orders the defendants to refund the payments made for the vehicle.
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Nyangares v Republic (Criminal Revision E008 of 2023) [2023] KEHC 26293 (KLR) (6 December 2023) (Ruling)
✦ The application is declined as it will be tantamount to usurpation of the powers of the president and sitting on appeal on a matter that this court is functus officio.
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Riaz and Sons Co. Ltd v Githiri & 3 others (Civil Suit E037 of 2022) [2023] KEHC 27636 (KLR) (6 December 2023) (Ruling)
✦ The appeal is not dismissed, but the court declines to issue orders of stay of execution and sets aside the order extending the stay. The court also declines to release the vehicles and directs timely determination of the appeal.
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Vehicle and Equipment Leasing Limited v Kingdom Bank (Formerly Jamii Bora Bank) (Civil Case 295 of 2017) [2023] KEHC 26897 (KLR) (Commercial and Tax) (6 December 2023) (Ruling)
✦ The application is dismissed with costs.
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Said & 10 others v Kenya National Chamber of Commerce and Industry(KNNCI) Dispute Resolution Committee; Kamama & 3 others (Interested Parties) (Judicial Review E007 of 2023) [2023] KEHC 26266 (KLR) (6 December 2023) (Ruling)
✦ The court held that the sole issue for determination is whether the suit should be reinstated and/or reopened for full hearing.