Kenyan case law
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Orthodox Archbishopric of Kenya & Irinoupolis v Energy Regulatory Commission [2019] KEHC 12070 (KLR)
✦ The court dismissed the Applicant's motion to transfer the suit, finding that the application was premature and that the Magistrate's Court had jurisdiction over the suit.
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Republic v Wario Fora Boru [2019] KEHC 2102 (KLR)
✦ The court finds that the prosecution has made a prima facie case and the accused has a case to answer.
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Moffat Nzyusyo Matolo v Joshua Mutaiti Somba [2019] KEHC 1683 (KLR)
✦ Court grants extension of time to compile record of appeal
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Kenya Re Insurance Corporation Ltd v SMK (a minor Suing through her mother and next friend JMK) & 2 others [2019] KEHC 2065 (KLR)
✦ The appeal is successful and the judgment and decree of the trial court are set aside. The 1st Respondent's suit against the Appellant is dismissed. The costs of the appeal are awarded to the Appellant.
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Republic v Isaac Kiptoo Rono Alias Malakwen & 2 others [2019] KEHC 1408 (KLR)
✦ The 1st accused is ordered to be released on bond of Kshs. 500,000/- with one surety of like sum
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Prophetic Church Ministries of East Africa (Suing through its registered Chairman) Peter Lemmo Amugune v Africa Kenya Sabcrynnsk of Soi (Being sued through its registered Chairman) Abraham Shikuku & 3 others [2019] KEHC 742 (KLR)
✦ The preliminary objection is devoid of merit and is hereby dismissed with costs to the plaintiff.
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Republic v Victor Kibet Langat [2019] KEHC 1980 (KLR)
✦ The accused is convicted of manslaughter and sentenced to five (5) years in prison, with his pre-trial detention considered in determining his sentence.
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Metra Investments Limited v Standard Chartered Bank Kenya Limited & 2 others [2019] KEHC 12433 (KLR)
✦ The application is granted, and an order for entry of judgment against the 3rd respondent is made.
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DLG v LVG [2019] KEHC 12014 (KLR)
✦ The preliminary objection of the respondent is sustained. The motion is struck out for want of jurisdiction.
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Jetlak Foods Limited & 10 others (All suing as members of the Kenya Association of Manufacturers and Manufactures importers distributers and Retailers of bottled water, juices, Non-Alcoholic Beverages and Cosmetics Products) v Cabinet Secretary National Treasury & 2 others; Sispa Securities Sol SA, currently trading as SICPA SA (Interested Party) [2019] KEHC 1500 (KLR)
✦ The court will not delve into the matters raised in the petition as they are res judicata and sub-judice.
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Erick Omondi Akendu v Republic [2019] KEHC 2089 (KLR)
✦ The Appellant's application for bail pending appeal is dismissed
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David Toroitich Kipkorir v Republic [2019] KEHC 1738 (KLR)
✦ The appeal is dismissed as the elements of defilement were proved and the trial magistrate's findings were not erroneous.
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Consolidated Bank of Kenya v Caroline Gacheri & another [2019] KEHC 333 (KLR)
✦ The court finds that a stay of execution will serve the ends of justice if the appellant deposits Kshs 800,000 in a joint interest earning account in a bank to be agreed on by the parties within 14 days pending the hearing and determination of the appeal.
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Baragu Holdings Limited v Haron Njenga Muhia [2019] KEHC 1957 (KLR)
✦ The appeal is dismissed for lack of jurisdiction.
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JN (a minor suing through her father and next friend SN) v Peter Mutune & 2 others [2019] KEHC 1350 (KLR)
✦ The appeal is dismissed as the award of the trial court is not inordinately high or low and the trial court did not apply wrong principles or consider irrelevant matters.
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Crown Bus Services Limited v Judith Were Mukani (Suing as administrator of the estate of Paul Odongo (deceased)) [2019] KEHC 1669 (KLR)
✦ Appeal on liability is allowed. Liability is apportioned at 30:70 in favour of respondent. Appellants to should 70% liability and respondent in each file 30%. In each file, appeal on assessment under the head of lost years is allowed and assessed as set out in each case above.
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Kamau Paul & another v Lydia Muringe Waikwa [2019] KEHC 1735 (KLR)
✦ Appeal dismissed with costs, but granted another opportunity to prosecute within 60 days or risk dismissal. Prayer for release of funds dismissed.
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Mohamed Mohamoud & another v Julieta Wanari Kabithi (Administratrix of the Estate of Erasto Kabithi Ngari (Deceased) [2019] KEHC 1256 (KLR)
✦ Affirming the judgment of the lower court in part, the court finds the appellants 100% liable for the accident and awards a global sum of Kshs. 350,000 to the respondent.
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Kiarie G. Kariuki t/a Kiarie Kariuki & Co. Advocates v Omar Pamba Hamisi [2019] KEHC 2053 (KLR)
✦ The Appellant was found to be professionally negligent in excluding the plaintiff's mother from the transactions and is liable for the loss of the trust property.
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Evans Chelagat Yatich v Baringo North Sub-County Alcoholic Drinks Committee & Baringo County Government (Petition 2 of 2019) [2019] KEHC 1465 (KLR) (21 November 2019) (Ruling)
✦ The petition and Notice of Motion are dismissed with no order as to costs.
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Bluebird Aviation Limited v Msi Aircraft Maintenance International Gmbh and Co.Kg [2019] KEHC 808 (KLR)
✦ The appeal is allowed, and the lower court's ruling is set aside. The appellant's application to set aside the default judgment is granted, and the appellant is ordered to pay the costs of the appeal.
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Midsteel Engineering Works Limited v Ali Hashi Awale t/a A.H.A Awale Company [2019] KEHC 1915 (KLR)
✦ The appeal is successful only in respect to the award on special damages, which is set aside and dismissed.
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Republic v Jared Omondi Otis [2019] KEHC 1833 (KLR)
✦ The court finds Otis not guilty and orders him set at liberty
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In re James Angelo Makona (Deceased) [2019] KEHC 2085 (KLR)
✦ The application is struck out with costs.
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Republic v John Nakumoi Longori & 4 others [2019] KEHC 438 (KLR)
✦ Accused No. 5 is found guilty of murder and convicted under Section 322 of the Criminal Procedure Code. Accused Nos. 1, 2, 3, and 4 are acquitted.