Kenyan case law
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Opiyo v Republic (Criminal Appeal E068 of 2021) [2023] KEHC 26229 (KLR) (Crim) (30 November 2023) (Judgment)
✦ The appeal is dismissed. The appellant shall serve twenty (20) years from 15th July when the sentence was passed.
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Republic v Sanga (Criminal Case 14 of 2015) [2023] KEHC 25922 (KLR) (30 November 2023) (Judgment)
✦ The court found the prosecution's case insufficient to prove murder beyond reasonable doubt and dismissed the charge.
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Moronya v Repuiblic (Criminal Appeal E025 of 2023) [2023] KEHC 27020 (KLR) (30 November 2023) (Judgment)
✦ The conviction and sentence are affirmed.
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DMM v Republic (Criminal Appeal E035 of 2021) [2023] KEHC 26136 (KLR) (30 November 2023) (Judgment)
✦ Appeal dismissed; conviction and sentences upheld
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Malika & another v Bidii International Company Ltd & another (Petition 16 of 2022) [2023] KEHC 26161 (KLR) (30 November 2023) (Ruling)
✦ The petition is dismissed with costs.
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Wafula v Republic (Criminal Appeal E038 of 2021) [2023] KEHC 27110 (KLR) (30 November 2023) (Judgment)
✦ The court does not find any violation of the right to a fair trial. The prosecution's case was well supported by the evidence, and there were no inconsistencies or contradictions that would warrant interference with the trial court's judgment.
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Wandiriani & another v PWM (Suing as the Legal Representative of the Estate of the Late Jehosphat WW alias JWW - Deceased) (Civil Appeal 10 of 2021) [2023] KEHC 25911 (KLR) (30 November 2023) (Judgment)
✦ The court upheld the trial court's award of Kshs.100,000 for pain and suffering and Kshs.1,000,000 for loss of dependency, finding that the deceased was an 8-year-old minor with no evidence of dependency.
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Landmark Holding Limited v Kinyua (Civil Appeal E113 of 2021) [2023] KEHC 25991 (KLR) (Civ) (30 November 2023) (Judgment)
✦ The appeal is allowed on the following terms: leave to the firm of Okong’o and Wandago and Company Advocates to come on record for the Appellant, remand back to the Subordinate Court to determine the amount due to the Respondent, and each party to bear its own costs.
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SSI v SII (Matrimonial Cause E001 of 2023) [2023] KEHC 26531 (KLR) (30 November 2023) (Ruling)
✦ The court dismisses the application for declarations of rights as it is not sub judice and the properties are not at risk of disposal.
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Republic v Cheruiyot (Criminal Case 21 of 2017) [2023] KEHC 26032 (KLR) (30 November 2023) (Ruling)
✦ The Accused is found guilty of manslaughter and sentenced to 10 years' imprisonment.
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Kimotho v Republic (Criminal Petition 15 of 2018) [2023] KEHC 26102 (KLR) (30 November 2023) (Ruling)
✦ The applicant's application for resentencing is dismissed as the Supreme Court's declaration in the Muruatetu case applies only to sentences of death for murder under sections 203 and 204 of the Penal Code, and not to robbery cases.
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Muya v Republic (Criminal Revision 92 of 2023) [2023] KEHC 26050 (KLR) (30 November 2023) (Ruling)
✦ The matter is not urgent.
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In re Estate of Protasio Njeru (Deceased) (Succession Cause 23 of 2023) [2023] KEHC 26208 (KLR) (30 November 2023) (Ruling)
✦ The court confirms the grant of administration testate and orders the distribution of the estate's assets.
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Regional City Suppliers Ltd v Mefo Investment Group Limited (Civil Appeal E082 of 2023) [2023] KEHC 26081 (KLR) (30 November 2023) (Ruling)
✦ The court finds no merit in the appeal and dismisses it.
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Lalo v Republic (Criminal Revision E022 of 2023) [2023] KEHC 26041 (KLR) (30 November 2023) (Ruling)
✦ The period of 6 months spent in remand custody should be considered as part of the 6-year sentence and the sentence should run from the date of arrest.
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Kimaita v County Government of Meru & 2 others; Mitu & 5 others (Interested Parties) (Constitutional Petition E006 of 2023) [2023] KEHC 26210 (KLR) (30 November 2023) (Ruling)
✦ Application to strike out the petition is dismissed with costs to the Petitioner.
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Njagi v Republic (Criminal Appeal 56 of 2020) [2023] KEHC 26213 (KLR) (Crim) (30 November 2023) (Judgment)
✦ The conviction is quashed and the sentence set aside due to the defect in the charge sheet and the failure to prove ownership beyond reasonable doubt.
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In re Estate of Namulunda Simiyu alias Namulinda Simiyu (Succession Cause 139 of 2008) [2023] KEHC 26545 (KLR) (30 November 2023) (Judgment)
✦ The court found that there were no liabilities to the deceased's Estate and that the grant should be confirmed.
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Musanda v Republic (Miscellaneous Criminal Application E016 of 2023) [2023] KEHC 26034 (KLR) (30 November 2023) (Ruling)
✦ The applicant is granted leave to file their appeal out of time within 21 days from the date of this ruling.
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Shilavukha & another v Oduor (Civil Appeal E507 of 2021) [2023] KEHC 26049 (KLR) (Civ) (30 November 2023) (Judgment)
✦ The appeal is dismissed. The Appellant shall pay costs of the appeal assessed at ksh 40,000.00.
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Kigia v Meru Teachers House Ltd (Miscellaneous Civil Case E072 of 2023) [2023] KEHC 26239 (KLR) (30 November 2023) (Ruling)
✦ The application is dismissed with costs to the respondent.
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In re Estate of Daudi Mbogori (Deceased) (Succession Cause 206 of 1994) [2023] KEHC 26972 (KLR) (30 November 2023) (Ruling)
✦ The court ordered the 1st Objector/Applicant to apply for a fresh grant of letter of administration intestate within 60 days.
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Kiplagat v Republic (Criminal Appeal E020 of 2020) [2023] KEHC 26328 (KLR) (30 November 2023) (Judgment)
✦ The appeal is dismissed. The sentence of 5 years is upheld.
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In re Estate of Bethwel Gitau Karuma (Deceased) (Succession Cause E336 of 2007) [2023] KEHC 27302 (KLR) (30 November 2023) (Ruling)
✦ The court adopts the surveyor's proposed subdivision scheme and confirms the grant in the estate's distribution of LR No.5630 South East of Lake Solai.
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Mutembei v Republic (Criminal Appeal E035 of 2023) [2023] KEHC 25929 (KLR) (30 November 2023) (Judgment)
✦ The conviction and sentence are set aside and the case is ordered for a retrial.