Kenyan case law
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Republic v Rono (Criminal Case E014 of 2022) [2023] KEHC 26303 (KLR) (30 November 2023) (Judgment)
✦ The Accused is sentenced to 5 years' imprisonment, to run from the date of his arrest and arraignment in court.
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Director of Public Prosecution v Wangenge (Criminal Case E004 of 2022) [2023] KEHC 25970 (KLR) (30 November 2023) (Sentence)
✦ The accused was sentenced to 30 years in prison.
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In re Estate of Kerubo Matara (Deceased) (Family Miscellaneous Application 1 of 2023) [2023] KEHC 25841 (KLR) (30 November 2023) (Ruling)
✦ The application is struck out and each party shall bear their own costs
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Lumumba v Rift Gas Limited (Civil Appeal E805 of 2022) [2023] KEHC 25998 (KLR) (Civ) (30 November 2023) (Judgment)
✦ The 60-day timeline in the Small Claims Court Act is not cast in stone and discretion of the court is not totally shut out as with the Public Procurement and Asset Disposal Act. The decision of the Small Claims Court is valid if rendered within the time limit.
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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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JNW v MNN (Civil Appeal 43 of 2017) [2023] KEHC 25913 (KLR) (30 November 2023) (Judgment)
✦ The court dismissed the appeal and affirmed the lower court's judgment.
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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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Amejeva v Republic (Miscellaneous Criminal Application E002 of 2022) [2023] KEHC 26252 (KLR) (30 November 2023) (Ruling)
✦ The court grants the applicant's application and directs him to be released from custody
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Khisa v Kenya Women Finance Trust & another (Civil Appeal E008 of 2022) [2023] KEHC 26093 (KLR) (30 November 2023) (Judgment)
✦ The appeal is dismissed. The trial court's judgment is affirmed.
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In re Estate of Heldon Ihachi Isiaho (Deceased) (Succession Cause 510 of 2010) [2023] KEHC 26147 (KLR) (30 November 2023) (Ruling)
✦ The application is allowed, and the 1st petitioner's prayers are granted.
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ATC Kenya Operations Limited v Telkom Kenya Limited (Civil Case E096 of 2022) [2023] KEHC 26183 (KLR) (Commercial and Tax) (30 November 2023) (Ruling)
✦ The court found that the application was not timely and struck it out.
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Republic v County Secretary, Machakos County Government & another; Veteran Pharmaceuticals Limited (Exparte Applicant) (Judicial Review 374 of 2018) [2023] KEHC 25958 (KLR) (Judicial Review) (30 November 2023) (Ruling)
✦ Summons issued against the 1st and 2nd Respondents to show cause why they should not be committed to civil jail for contempt of the orders of 26th March, 2019.
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Karim v Naughten (Civil Appeal 672 of 2019) [2023] KEHC 26220 (KLR) (Civ) (30 November 2023) (Judgment)
✦ The court cannot revisit the issue of liability in this appeal as it was closed when interlocutory judgment was entered. The issue of liability was only relevant as far as assessment of damages was concerned.
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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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Assets Recovery Agency v Wanjiru; Kimuri Housing Company Limited (Interested Party) (Civil Application E011 of 2023) [2023] KEHC 25985 (KLR) (Anti-Corruption and Economic Crimes) (30 November 2023) (Judgment)
✦ The interested party is properly enjoined in the proceedings. The provisions of the POCAMLA apply even for properties acquired before the Act came into effect. The subject assets are proceeds of crime.
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In re Estate of James Mutonga Mulinge (Succession Cause 367 of 2015) [2023] KEHC 26090 (KLR) (30 November 2023) (Ruling)
✦ The estate of the deceased will be distributed according to the petitioners' proposal, with certain properties excluded from distribution.
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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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Kenya Power & Lighting Company Ltd v Sunkuli (Acting Secretary General) & 2 others; Kollato Auctioneers (Interested Party) (Civil Suit 14 of 2004) [2023] KEHC 26186 (KLR) (Commercial and Tax) (30 November 2023) (Ruling)
✦ The defendant's application is partially successful. Any interest charged on the principal amount after 6 years from 7.8.2009 is set aside. Each party bears their own costs.
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Kamanja v Nkatha & another (Civil Appeal E063 of 2021) [2023] KEHC 26080 (KLR) (30 November 2023) (Judgment)
✦ The appeal is dismissed. The trial court properly analyzed the evidence and found no malice in the institution of the criminal proceedings.
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Aamrin t/a Amin Automotive Supplies v Mwangi (Miscellaneous Civil Application E285 of 2023) [2023] KEHC 26103 (KLR) (30 November 2023) (Ruling)
✦ The court grants leave to appeal out of time but denies the application for a stay of execution.
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Republic v Bursar (Criminal Case E018 of 2023) [2023] KEHC 26037 (KLR) (30 November 2023) (Ruling)
✦ The court denies the application for bail and orders the accused to remain in custody pending trial.
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Nkugwe Investments Limited v Mayabi & another (Commercial Appeal E138 of 2022) [2023] KEHC 26054 (KLR) (Commercial and Tax) (30 November 2023) (Judgment)
✦ The court lacks jurisdiction to grant leave to appeal to the Court of Appeal due to the express bar to appeal in section 38(2) of the Small Claims Court Act.
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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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Republic v Bore (Criminal Case E010 of 2023) [2023] KEHC 25931 (KLR) (30 November 2023) (Ruling)
✦ The court grants the accused bail with a bond of Kshs. 200,000/= with one surety of similar amount.
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Eco Bank Kenya Limited v Linyati Limited (Insolvency Cause E012 of 2021) [2023] KEHC 26195 (KLR) (Commercial and Tax) (30 November 2023) (Ruling)
✦ The Court did not review paragraphs 47(i) and (iii) of its ruling dated 10th March 2023 and did not award costs of the Notice of Motion application dated 5th November 2021.