Kenyan case law
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Gaturu v Maina (Miscellaneous Civil Application 213 of 2020) [2023] KEHC 26348 (KLR) (Civ) (5 December 2023) (Ruling)
✦ The Applicant’s reference is without merit, save for the sole issue raised in respect of item 252. The decision of the taxing officer dated 22.04.2021 is upheld save for item 252 which is set aside.
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Onyango v Okiambe & another (Miscellaneous Civil Application E158 of 2022) [2023] KEHC 27131 (KLR) (5 December 2023) (Ruling)
✦ The court grants the leave to appeal and stays the proceedings.
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Ogweno v Republic (Criminal Revision 237 of 2023) [2023] KEHC 26292 (KLR) (5 December 2023) (Ruling)
✦ The application is declined as the applicant cannot approach the High Court for revision due to her choice not to appeal and the court's limited jurisdiction to review sentences.
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Onyango & 2 others v Awaa & 2 others (Civil Appeal E075 of 2022) [2023] KEHC 26344 (KLR) (4 December 2023) (Judgment)
✦ The appeal is dismissed as the appellants' application did not meet the threshold to warrant the review of the court's ruling.
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Wambua v Republic (Criminal Appeal E079 of 2021) [2023] KEHC 26277 (KLR) (4 December 2023) (Judgment)
✦ The appeal has no merit and is dismissed.
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Moiz Motor Limited & another v Muthoka & 2 others (Civil Appeal E079 of 2022) [2023] KEHC 26428 (KLR) (4 December 2023) (Judgment)
✦ The appeal lacks merit and is dismissed with costs to the 1st respondent.
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Muriuki v DPP (Criminal Application E127 of 2023) [2023] KEHC 26528 (KLR) (4 December 2023) (Ruling)
✦ The court dismissed the application as it had no merit and the court has no jurisdiction to further review the sentence.
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Mandera County Government v Jamarat Apartmemts Limited (Civil Suit E003 of 2020) [2023] KEHC 26170 (KLR) (4 December 2023) (Ruling)
✦ The interlocutory judgment is set aside on condition that the defendant/applicant deposits Kshs. 15,000,000 in an interest-earning account within 30 days.
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Comply Industries Limited v Monyoncho (Civil Appeal 168 of 2017) [2023] KEHC 26364 (KLR) (4 December 2023) (Judgment)
✦ The Court of Appeal held that the trial court had jurisdiction to hear the case.
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Were v Republic (Criminal Appeal 080 of 2019) [2023] KEHC 26494 (KLR) (4 December 2023) (Judgment)
✦ The Appellant’s appeal is dismissed. The conviction and sentence are upheld.
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Gids Telecommunications Services Ltd v Mwaka (Civil Appeal 20 of 2020) [2023] KEHC 26200 (KLR) (4 December 2023) (Judgment)
✦ The learned trial magistrate dismissed the appellant's claim and allowed the respondent's counterclaim.
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In re Estate of Mugo Wangai (Deceased) (Civil Appeal 18 of 2017) [2023] KEHC 26426 (KLR) (4 December 2023) (Judgment)
✦ The appeal lacks merit and is dismissed with costs to the 1st respondent.
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M’amanja & 4 others v Mugambi (Miscellaneous Civil Application E107 of 2023) [2023] KEHC 26330 (KLR) (4 December 2023) (Ruling)
✦ The application for stay of execution is granted for 90 days, and the appeal is granted leave to appeal with a time extension.
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Madison Insurance Company Kenya Limited v Kiarie & another (Civil Appeal E018 of 2021) [2023] KEHC 26278 (KLR) (4 December 2023) (Ruling)
✦ The application is partially allowed, setting aside the half costs award and substituting it with an order that the appeal is marked as settled and each party will bear their own costs.
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Wachira v Kiarie (Suing as the administrator and legal representative of the estate of Kiarie Wanyoike Njoroge) & 2 others (Civil Appeal E029 of 2022) [2023] KEHC 26280 (KLR) (4 December 2023) (Judgment)
✦ The appeal is partially merited, and the judgment and decree awarding loss of dependency is set aside. The total award is reduced to Kshs 1,414,465.
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YE & 3 others v Munuhe (Civil Case 2 of 2020) [2023] KEHC 26173 (KLR) (4 December 2023) (Judgment)
✦ The Defendant is found responsible for the accident, and the Plaintiffs are entitled to 100% compensation.
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Odhiambo v Republic (Criminal Appeal E041 of 2023) [2023] KEHC 26549 (KLR) (4 December 2023) (Judgment)
✦ The trial court's conviction and sentence are upheld
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Republic v Farah alias Issa (Criminal Case E085 of 2022) [2023] KEHC 26206 (KLR) (Crim) (4 December 2023) (Ruling)
✦ The court finds that the prosecution has established a prima facie case against the accused and places him on his defence.
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Nation Media Group Limited v Njuru alias Joseph Muya (Civil Appeal E132 of 2021) [2023] KEHC 26363 (KLR) (4 December 2023) (Judgment)
✦ The Court found that the Respondent's case was uncontroverted and the publication was defamatory, thus the Appellant was liable for defamation.
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ARN Security Consultants and Training Services Limited v Enashipai Resort and Spa (Civil Appeal 79 of 2019) [2023] KEHC 26429 (KLR) (4 December 2023) (Judgment)
✦ The appeal has merit, and the judgment of the Chief Magistrate's Court is set aside. The appellant is awarded Kshs.1,564,216.49/= plus costs and interest.
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Standard Chartered Bank (K) Ltd v Mohammed (Civil Appeal E105 of 2021) [2023] KEHC 26267 (KLR) (4 December 2023) (Judgment)
✦ The Appellant failed to prove its case to the required standard.
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FAB v Director of Public Prosecution & 2 others; Maisha Childrens Home & another (Interested Parties) (Criminal Petition E266 of 2020) [2023] KEHC 26202 (KLR) (Crim) (4 December 2023) (Judgment)
✦ The court ordered the release of the petitioner's daughter
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Ethics and Anti-Corruption Commission v Kidero & 13 others (Anti-Corruption and Economic Crimes Civil Suit E008 of 2021) [2023] KEHC 26095 (KLR) (Anti-Corruption and Economic Crimes) (4 December 2023) (Ruling)
✦ The documents were not produced by the witness Karisa Iha and were not admissible.
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Moiz Motor Limited & another v Wambua & 2 others (Civil Appeal E077 of 2022) [2023] KEHC 26430 (KLR) (4 December 2023) (Judgment)
✦ The appeal lacks merit and is dismissed with costs to the 1st respondent
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Republic v Rop (Criminal Case E010 of 2022) [2023] KEHC 26087 (KLR) (1 December 2023) (Sentence)
✦ The Accused is sentenced to three (3) years imprisonment, to be served from the date of arrest.