Kenyan case law
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Afrison Export & Import Limited & another v Attorney General; Ministry of Interior and Coordination of National Government & another (Interested Parties) [2020] KEHC 1232 (KLR)
✦ The Respondent and Interested Parties are granted leave to respond to the Chamber Summons and file their responses within 21 days.
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Edward Kinyanjui Ndirui & another (being the legal representative of the late Kimani Ndirui) v James Kariko Bacha (the representative and trustee of the estate of the late Ernest Bacha) [2020] KEHC 2072 (KLR)
✦ The partnership is dissolved, and the sole property of the partnership (Plot No. 14 Wangige Market) shall be sold and the proceeds shared equally between the beneficiaries of the two deceased persons’ estates.
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Republic v Joshua Mueke Mutunga alias Moses Mutunga, John Kitumbi Munyoki, Mutua Muasya & Koki Kaimanzi (Criminal Case 17 of 2019) [2020] KEHC 1980 (KLR) (3 November 2020) (Ruling)
✦ This court finds and directs that it is fair and in the interest of justice to proceed with the trial from the point the transferred judge had reached.
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Peter Ong’ondi v Caleb Nyabuto Nyamongo [2020] KEHC 1622 (KLR)
✦ The Plaintiff is entitled to a portion measuring 37.5 feet by 100 feet by way of adverse possession and the same shall be excised from the Defendant's title and registered in the Plaintiff's name.
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Republic v Musyoki Ndwiki [2020] KEHC 2012 (KLR)
✦ The court considers the accused's lateness unrelated to the warrant of arrest and gives him the benefit of doubt. The court warns him to be on time in future and stay away from prosecution's witnesses.
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Republic v Joseph Kipyegon Langat [2020] KEHC 1238 (KLR)
✦ The accused is granted bail with specific conditions
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Republic v Malik John Kyalo [2020] KEHC 1959 (KLR)
✦ The court reduces the applicant's sentence to one year of community service.
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Daniel Njiru Ngai v National Council for Persons With Disabilities & another [2020] KEHC 1189 (KLR)
✦ The court grants leave to file a supplementary affidavit and sets a date for the hearing.
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Jimna Muthusi Kaloki v Rebecca Wanzila Musyoka [2020] KEHC 1983 (KLR)
✦ The appeal is allowed, and the trial court's award of general damages is reduced to Kshs 127,500. The special damages of Kshs 62,440 are upheld. The appellant is ordered to pay half the costs in the appeal while the respondent is ordered to pay full costs in the lower court.
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Lilian Sitati v George Wasike [2020] KEHC 1800 (KLR)
✦ Application for stay of proceedings pending appeal is dismissed
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Shariff A. Abdulla Hussein & 2 others v Hussein Sambur Hussein [2020] KEHC 1700 (KLR)
✦ The court granted the application for enlargement of time for appeal and stay of execution pending appeal.
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Richard Francis Malelu v Odhiambo Asher & another [2020] KEHC 10252 (KLR)
✦ The Court dismissed the suit under Order 5 rule 7 of the Civil Procedure Rules, but allowed the appeal on the grounds that the dismissal was an error apparent on the face of the record.
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Lekishon Senjo v Republic [2020] KEHC 2030 (KLR)
✦ The conviction and sentence are set aside, and the appellant is set free
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Prime Bank Limited v Booth Extrusions Limited [2020] KEHC 1841 (KLR)
✦ The Defendant's proposed line of defense does not raise any triable issues and the Court is not inclined to exercise discretion in its favor. The Notice of Motion is dismissed with costs.
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Radio Frequency Systems (EA) Limited & another v Simon Horner & 2 others [2020] KEHC 1913 (KLR)
✦ The application is dismissed with costs
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Kihingo Village (Waridi Gardens) Management One Limited v William Edward Pike & 7 others [2020] KEHC 10443 (KLR)
✦ The Plaintiff's suit is struck out and the Defendants' counterclaim is dismissed.
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In re Estate of David Mbijiwe M’Ikiara (Deceased) [2020] KEHC 1981 (KLR)
✦ The petition filed by the applicant to be gazetted, and the respondents and any other person shall file objection, answer and cross-application to the grant, which the court shall then be called upon to determine the person to whom the grant shall be issued.
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Alfred Kiptoo Keter & another v Republic [2020] KEHC 1828 (KLR)
✦ The court granted an interim stay of the contested evidence and allowed the proceedings to proceed with prosecution witnesses up to the conclusion of the prosecution case.
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Commissioner of Investigations and Enforcement v Estama Investments Limited [2020] KEHC 10245 (KLR)
✦ The Tribunal's decision to stay the appeal pending the ACEC Suit is set aside, and the ADR Agreement is enforced.
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China Wu-Yi Company Limited v Suraya Property Group Limited & 2 others [2020] KEHC 10254 (KLR)
✦ The Plaintiff's application for an interlocutory injunction is dismissed with costs to the 3rd Defendant.
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Cornel Oketch Ochieng v Republic [2020] KEHC 1675 (KLR)
✦ Application for sentence reduction is dismissed.
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Prime Bank Limited v Kaluworks Limited [2020] KEHC 1856 (KLR)
✦ The Notice of Motion is dismissed with costs.
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Julius Njuguna Kinyanjui v Republic [2020] KEHC 2053 (KLR)
✦ The conviction is set aside due to reasonable doubt about the proper identification of the appellant and his opportunity to defend himself.
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Michael Barasa Mangeni v Ministry of Health & Sanitation & another [2020] KEHC 2081 (KLR)
✦ Orders of closure are set aside, and the Public Health Officer is directed to inspect the premises and ensure compliance with the notice.
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Antony Njeru Njura v Republic [2020] KEHC 2033 (KLR)
✦ The appellant’s conviction is quashed and the sentence set aside.