Kenyan case law
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Republic v Leonard Owino Barasa [2019] KEHC 1746 (KLR)
✦ The court found that the deceased was killed by a mob responding to the accused's alarm and that the accused had no justification for the fatal injuries.
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Republic v Joel Muthui Ngesa [2019] KEHC 580 (KLR)
✦ The accused is found guilty of murder
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Rose Hellen Oruko v Joseph Kioi Kariuki & 3 others [2019] KEHC 571 (KLR)
✦ The court held that the trial court erred in failing to award special damages and in dismissing the suit against the 2nd and 3rd respondents.
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In re Estate of Simon Kibaara Mutegi (Deceased) [2019] KEHC 1482 (KLR)
✦ The court sets aside the claims of Njeru and Kelwon for 15 acres and 4 acres respectively, and orders them to pursue their claims in the Environment and Land Court.
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Nicholas Shivachi Mboya v Republic [2019] KEHC 12136 (KLR)
✦ The application is allowed, and the applicant is granted leave to file appeal out of time
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Republic v Hosea Kipchirchir Tanui [2019] KEHC 2020 (KLR)
✦ The court finds the accused guilty of Manslaughter and reduces the charge from Murder.
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Mutua Mwangangi & another v Felister Mueni Kaumbulu [2019] KEHC 1844 (KLR)
✦ The Court of Appeal held that it is not justified in substituting a figure of its own for that awarded by the Court below simply because it would have awarded a different figure if it had tried the case at first instance. The appellate court can justifiably interfere with the quantum of damages awarded by the trial court only if it is satisfied that the trial court applied the wrong principles or misapprehended the evidence and so arrived at a figure so inordinately high or low as to represent an entirely erroneous estimate.
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Kaminja & 3 others (Suing as Westland Environmental Caretaker Group) & 3 others v County Government of Nairobi (Judicial Review 441 of 2018) [2019] KEHC 2059 (KLR) (Judicial Review) (25 November 2019) (Judgment)
✦ The removal notice is declared illegal and invalid, and the 2019 permits are upheld.
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Republic v Collins Ombija, Resident Magistrate Marsabit; ISI (Interested Party) Ex parte AMD [2019] KEHC 192 (KLR)
✦ Application dismissed; respondent has jurisdiction in the children's case; Nairobi children's case is stayed; custody granted to the mother.
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Kimalel Narike Lojan v Republic [2019] KEHC 1503 (KLR)
✦ The court upholds the conviction and sentence for rape. The court calls for a pre-sentence report.
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Kura Lorocha v Republic [2019] KEHC 1904 (KLR)
✦ The conviction is upheld, but the sentence of six years is reduced to four years.
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Matheka Kilonzo v Republic (Criminal Revision 20 of 2019) [2019] KEHC 1285 (KLR) (Crim) (25 November 2019) (Ruling)
✦ The default sentence is set aside and replaced with a fine and imprisonment. The order for compensation is set aside.
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Nicholas Shivachi Mboya v Republic (Miscellaneous Criminal Application 531 of 2019) [2019] KEHC 12203 (KLR) (Crim) (25 November 2019) (Ruling)
✦ The Applicant’s application is allowed. The Applicant is granted leave to file appeal out of time. Appeal must be filed and served within 14 days.
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Savannah Hardware v EOO (Suing As representative of SO (deceased) (Civil Appeal 13 of 2019) [2019] KEHC 269 (KLR) (25 November 2019) (Judgment)
✦ The appeal against liability is dismissed. The appeal against quantum is allowed to the extent that the special damages in the sum of KShs.492,700/- is set aside and substituted with an award of KShs.361,950.
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Emmanuel Wanyonyi v Republic [2019] KEHC 2048 (KLR)
✦ The court finds the complainant's testimony credible and that penetration occurred, thus upholding the conviction.
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Anthony Kyalo Mutuku v Republic [2019] KEHC 1908 (KLR)
✦ The conviction is upheld, but the sentence of life imprisonment is set aside and substituted with a sentence of twenty years.
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Kennedy Kiman Njeru v Republic [2019] KEHC 1177 (KLR)
✦ The sentence is set aside and substituted with an order that the applicant shall pay a fine of Kshs. 400,000/= in default serve one year imprisonment
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David Biketi Murunga v Republic [2019] KEHC 1725 (KLR)
✦ The appeal is dismissed as the appellant was found in possession of ammunition and the evidence was sufficient.
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Patrick James Mbogo & another v Bank of Africa Limited [2019] KEHC 112 (KLR)
✦ The court found that the current suit is not sub-judice and should not be struck out.
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Republic v Sports Kenya & 2 others Ex Parte Caroline Mungai & 26 others [2019] KEHC 1662 (KLR)
✦ The Court found insufficient reasons for non-compliance and directed the 1st Respondent to comply with the court order.
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Joseph Mutie Mutua v Republic [2019] KEHC 1774 (KLR)
✦ The appeal is dismissed. The conviction and sentence are upheld.
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Duncan Karanja Nduta v Republic [2019] KEHC 12222 (KLR)
✦ The Notice of Motion application is allowed. The Applicant is granted leave to file appeal out of time.
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Pascal Obonyo Agwena & 3 others v Simon Juma Odiyo [2019] KEHC 243 (KLR)
✦ The court found the letter defamatory and awarded the respondent KShs.600,000 in general damages for character assassination.
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Joseph Omondi Ojwang v Republic [2019] KEHC 1846 (KLR)
✦ The appeal is dismissed. The sentence for the second count is upheld as lenient.
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Kenya Hospital Association & 6 others v Maxwell Otieno Odongo & 3 others [2019] KEHC 12227 (KLR)
✦ The court finds that the defendants' notice and resolutions are valid and dismisses the plaintiffs' request for an injunction.