Kenyan case law
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Benard Ndegwa Maina v Republic [2020] KEHC 1890 (KLR)
✦ The appeal is dismissed. The conviction and sentence are upheld.
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Joshua Koech v Republic [2020] KEHC 1894 (KLR)
✦ The application for bail pending appeal is dismissed with no orders as to costs
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Josephat Wambua Mbuvi v Republic [2020] KEHC 1926 (KLR)
✦ The application is dismissed as the court cannot consider the application for resentencing due to the functus officio doctrine and the matter has been handled by the Court of Appeal.
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JK v Republic [2020] KEHC 1897 (KLR)
✦ The appeal is dismissed. The conviction and sentence are upheld.
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Mohamed Saleh Awke & another v Anab Salah Awke & another [2020] KEHC 19 (KLR)
✦ The proceedings before the Chief Kadhi are declared a nullity
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Kennedy Harold Ouma v Republic [2020] KEHC 1896 (KLR)
✦ The charge sheet is defective as it refers to anal penetration instead of penile penetration into the complainant's genitalia. The court finds the charge sheet to be incurably defective and cannot sustain a conviction.
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Kiseve Martin Jackson v Republic [2020] KEHC 1888 (KLR)
✦ The appeal is successful, conviction and sentence are quashed, and the appellant is set at liberty.
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Republic v Martha Mukami & another [2020] KEHC 1868 (KLR)
✦ The appeal is allowed, and the trial court's ruling is set aside. The Director of Public Prosecutions is granted leave to amend the charge.
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David Mutua Matuva v Republic [2020] KEHC 1891 (KLR)
✦ The appeal is dismissed against conviction, and the sentence of death is set aside and replaced with a sentence of 30 years imprisonment.
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Yussuf Swaleh Ramadhan v Kadhis Court Nairobi & another; Farida Adam(Interested Party) [2020] KEHC 1192 (KLR)
✦ The Chamber Summons application dated May 22, 2020, is hereby dismissed for want of prosecution.
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Jackson Amulwese v Republic [2020] KEHC 1839 (KLR)
✦ The conviction and sentence are quashed. The appellant is set at liberty.
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Daniel Mutunga Munyao v Republic [2020] KEHC 1903 (KLR)
✦ The applicant's application is allowed, and the sentences shall commence from the date of arrest, 22.11.2018.
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Patrick Kamau Ng’ang’a v Republic [2020] KEHC 1869 (KLR)
✦ The conviction and sentence for rape are upheld. The appellant's appeal is dismissed.
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Joseph Gathuru Nyariara v Republic [2020] KEHC 1865 (KLR)
✦ The appeal is dismissed, and the sentence is reduced from life to 30 years.
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Rush Hema Dipak & another v Domnic Obondi Appidah [2020] KEHC 1257 (KLR)
✦ The application for stay of execution is granted, and the appeal is extended by 10 days. The Applicants are required to deposit Kshs 700,000 in an Interest Earning Account within 30 days.
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Edwin Mwiti Gacunku v Republic [2020] KEHC 1843 (KLR)
✦ The sentence in the Makadara case is set aside and the applicant is ordered to pay a fine of Kshs. 100,000/- in each count in default to serve one years’ imprisonment in each count.
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Aridsun Contractors Limited &4 others v County Government of Kitui [2020] KEHC 1658 (KLR)
✦ The court finds the preliminary objection unsustainable and disallows it.
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Paul Sobutia v Republic [2020] KEHC 1892 (KLR)
✦ The appeal regarding the sentence succeeds. The appellant is sentenced to serve twenty (20) years imprisonment to run from 11th March 2013.
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Benjamin Karanja Wanjiku v Republic [2020] KEHC 1840 (KLR)
✦ The most appropriate sentence is 25 years from the date of arraignment.
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Noah Kipruto Kiplagat & another v Republic [2020] KEHC 1864 (KLR)
✦ The sentence of 10 years' imprisonment for Count 1 and 3 years for Count 2 is set aside and substituted with a three-year Probation Order.
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Khadar Developers Limited v Diamond Trust Bank Limited [2020] KEHC 1935 (KLR)
✦ The applicant's application is fatally defective and the preliminary objection is meritorious.
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Douglas Wepukhulu Wanjala v Republic [2020] KEHC 1867 (KLR)
✦ The appeal is dismissed in its entirety. The conviction and sentence are upheld as the prosecution proved the case beyond reasonable doubt and no essential witnesses were left out. The mandatory sentence is just in the circumstances of the case.
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Paul Gitau Wambu v Republic [2020] KEHC 1898 (KLR)
✦ The appeal against conviction has no merit and is dismissed. The conviction is upheld but the life sentence is set aside and substituted with a sentence of imprisonment for thirty (30) years from the date the appellant was sentenced by the lower court.
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Proto Energy Limited v Republic & 7 others [2020] KEHC 1853 (KLR)
✦ The application is allowed in terms of Orders 6, 7 and 8, setting aside the order by Hon. Cheruiyot in Milimani Criminal Case No 303 of 2020 dated 10th March 2020, ordering the detention and preservation of all exhibits including the gas cylinders and vehicles until the case is heard and the exhibits are produced in evidence.
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David Korir v Republic [2020] KEHC 1874 (KLR)
✦ The court reviews the sentence and orders that the two years imprisonment on each count run concurrently.