Kenyan case law
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Mugo & another v Republic (Miscellaneous Criminal Application E017 of 2023) [2023] KEHC 26036 (KLR) (30 November 2023) (Ruling)
✦ The applicants are granted leave to file their appeal out of time within 21 days from the date of this ruling.
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Irungu v Republic (Criminal Petition 4 of 2023) [2023] KEHC 25903 (KLR) (30 November 2023) (Ruling)
✦ The court lacks jurisdiction to entertain the application and dismisses it.
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Wanjiru & another v Waithaka (Suing as the administrator of the Estate of Lilian Nyagura Ndungo) (Civil Appeal E031 of 2020) [2023] KEHC 26047 (KLR) (Civ) (30 November 2023) (Judgment)
✦ The judgment of the trial court is varied to the extent that the amount of Kshs. 3,039,860.00 for loss of dependency is substituted with Kshs. 1,470,900.00.
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Jamii Bora Bank Ltd & another v Ndirangu (Civil Appeal E030 of 2021) [2023] KEHC 25951 (KLR) (30 November 2023) (Judgment)
✦ The appeal is allowed, and the judgment and decree of the Chief Magistrate are set aside. The Respondent's further amended plaint is dismissed in its entirety. Each party is to meet its own costs.
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Universal Engineering Systems Limited v Tulsi Construction Company Limited (Civil Appeal E535 of 2021) [2023] KEHC 26014 (KLR) (Civ) (30 November 2023) (Judgment)
✦ The Appeal is allowed. The Ruling dated 06.03.2020 is set aside. The Respondent’s application dated 26.08.2019 is dismissed with costs. The Judgment dated 03.04.2019 is reinstated.
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Kenya Power & Lighting Company Limited v Lalji Makan Limited & 2 others (Civil Appeal 581 of 2018) [2023] KEHC 25992 (KLR) (Civ) (30 November 2023) (Judgment)
✦ The trial court was right not to dismiss the suit, and the matter is referred to the Energy and Petroleum Tribunal for hearing and determination.
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In re Estate of Maruti Wanga Wamamu (Deceased) (Succession Cause 447 of 2005) [2023] KEHC 26310 (KLR) (30 November 2023) (Ruling)
✦ The estate will be distributed among the surviving children of the deceased, with Stephen Wanga Maruta's share being considered as a gift.
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Oimeke v Republic (Anti-Corruption and Economic Crimes Appeal E002 of 2023) [2023] KEHC 25984 (KLR) (Anti-Corruption and Economic Crimes) (30 November 2023) (Judgment)
✦ The court finds that solicitation is not an ingredient for the offense of Receiving a bribe. The APQ test was not compromised.
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Republic v Chelule (Criminal Case E010 of 2022) [2023] KEHC 26125 (KLR) (30 November 2023) (Sentence)
✦ The accused was sentenced to a term of imprisonment.
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Ngeny v County Government of Kericho; Kericho Water and Sanitation Company Limited (Interested Party) (Constitutional Petition E010 of 2023) [2023] KEHC 26380 (KLR) (30 November 2023) (Ruling)
✦ The preliminary objection is sustained and the Notice of Motion and the Petition are struck out and dismissed with costs
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Musungu v Ohutso (Probate & Administration 3 of 2000) [2023] KEHC 26132 (KLR) (30 November 2023) (Judgment)
✦ The grant of Letters of Administration is revoked, and the Objector is declared a genuine creditor and entitled to a share of the estate.
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Munga & another (Both Suing as the Administrators of the Estate of the Late Patrick Muli Njoroge) v Alma Construction Co. Limited (Miscellaneous Application E086 of 2021) [2023] KEHC 27397 (KLR) (30 November 2023) (Ruling)
✦ The High Court in Kiambu lacks territorial jurisdiction to hear the matter and transfers it to Thika High Court.
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Standard Investment Bank Limited v Bomas of Kenya Limited (Miscellaneous Case E230 of 2021) [2023] KEHC 26253 (KLR) (Commercial and Tax) (30 November 2023) (Ruling)
✦ The application is allowed as the decree is ripe for execution and the judgment debtor has not denied the unsatisfied decree.
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In re Estate of Barnabas M’irathuku (Deceased) (Succession Cause 181 of 1999) [2023] KEHC 26135 (KLR) (30 November 2023) (Ruling)
✦ The deceased, Gerrishon Gatobu Mbui, was entitled to 1/4 acre of the estate, which is the suit land.
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Olima & another v Director of Public Prosecutions; Independent Policing Oversight Authority (IPOA) & another (Interested Parties) (Criminal Petition E003 of 2022) [2023] KEHC 26079 (KLR) (30 November 2023) (Judgment)
✦ The court finds that the petitioners have failed to demonstrate how the DPP acted contrary to public interest or failed to prevent and avoid abuse of the legal process.
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Mbungi v Bingwa Sacco Limited (Civil Appeal E801 of 2021) [2023] KEHC 26052 (KLR) (Civ) (30 November 2023) (Judgment)
✦ The appeal is dismissed. The Appellant shall pay the Respondent costs assessed at Kshs. 60,000.00.
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Abdulsalim v Republic (Criminal Appeal E005 of 2023) [2023] KEHC 25863 (KLR) (30 November 2023) (Judgment)
✦ The conviction is quashed and sentence set aside. The Appellant is set at liberty unless otherwise lawfully held under another warrant.
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Onduko v Mose (Civil Appeal E021 of 2023) [2023] KEHC 25840 (KLR) (30 November 2023) (Ruling)
✦ The application for a stay of proceedings is granted.
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Commissioner of Domestic Taxes v Shah T/A Symtiss Trading (Income Tax Appeal E068 of 2023) [2023] KEHC 26844 (KLR) (Commercial and Tax) (30 November 2023) (Ruling)
✦ The application is allowed, and the costs are awarded to the respondent.
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Republic v Kendagor & 2 others (Criminal Case E023 of 2023) [2023] KEHC 26118 (KLR) (30 November 2023) (Ruling)
✦ The court granted bail to the accused persons on bond of Kshs 500,000 with one surety of similar amount, and ordered the sureties to relocate the accused persons from the locality where the incident occurred.
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Republic v Kirui (Criminal Case E002 of 2022) [2023] KEHC 26492 (KLR) (30 November 2023) (Judgment)
✦ The accused is sentenced to 7 years' imprisonment
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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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Gesura & another v Ondara (Miscellaneous Succession Application 1 of 2023) [2023] KEHC 25800 (KLR) (30 November 2023) (Ruling)
✦ The Notice of Motion is dismissed. The Chief Magistrates Court Succession Cause No. 118 of 2022 is withdrawn and transferred to Mavoko Law Courts for consolidation with Mavoko Principal Magistrate Succession Cause No. E006 of 2022. Each party shall bear its own costs of the application.
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Hanspal (Executor and Beneficiary of the Late Inderjit Singh Hanspal) v Alcon Holdings Ltd & 3 others (Miscellaneous Civil Application E781 of 2023) [2023] KEHC 25851 (KLR) (Commercial and Tax) (30 November 2023) (Ruling)
✦ The court finds that the applicant has not met the threshold to warrant the grant of orders to rectify the register of members of the company
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Mundia v Republic (Criminal Appeal E063 of 2022) [2023] KEHC 27620 (KLR) (30 November 2023) (Judgment)
✦ The convictions and sentences are upheld