Kenyan case law
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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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John v Republic (Criminal Appeal E060 of 2022) [2023] KEHC 26165 (KLR) (30 November 2023) (Judgment)
✦ The appeal is dismissed as the conviction and sentence were founded on sound evidence and not harsh or excessive.
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JKK v JNM (Matrimonial Cause E003 of 2023) [2023] KEHC 26238 (KLR) (30 November 2023) (Ruling)
✦ The application is allowed, and a temporary order of injunction and orders of inhibition are issued to preserve the property pending the hearing and determination of the main suit.
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Wanyonyi v Republic (Criminal Appeal 176 of 2022) [2023] KEHC 25969 (KLR) (30 November 2023) (Order)
✦ The appeal is dismissed
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In re Estate of Alex Onyuka Edwards Okore alias Alex Onyuka E Okore - Deceased (Succession Cause 635 of 2009) [2023] KEHC 26112 (KLR) (30 November 2023) (Ruling)
✦ The grant will be rectified to include the property, but the estate's distribution will be reviewed by the administrator within six months.
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Warui & another v Nguyo & another (Sued as Administrators of the Estate of Richard Munene Maina - Deceased) (Civil Appeal E008 of 2021) [2023] KEHC 25915 (KLR) (30 November 2023) (Judgment)
✦ The trial court's finding of 100% liability for the accident is upheld.
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Ndung’u & another v Mbau (Civil Appeal E002 of 2022) [2023] KEHC 26167 (KLR) (30 November 2023) (Judgment)
✦ The award for pain and suffering is reduced to Kshs 1,750,000, and the award for loss of amenities is reduced to Kshs 2,000,000. The award for diminished earning capacity remains at Kshs 500,000. The cross appeal is dismissed.
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Ekai v Republic (Criminal Appeal E022 of 2022) [2023] KEHC 26066 (KLR) (30 November 2023) (Judgment)
✦ Appeal on conviction and sentence is hereby dismissed. Sentence served in remand to be reduced from sentence imposed by the trial court.
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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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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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Lake Victoria North Water Services Board & another v Africa Merchant Assuarance Co. Ltd (Civil Suit 19 of 2018) [2023] KEHC 26166 (KLR) (30 November 2023) (Judgment)
✦ The Court dismissed the Plaintiffs' suit with costs.
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Republic v Koskei & 2 others (Criminal Case 27 of 2019) [2023] KEHC 25904 (KLR) (30 November 2023) (Ruling)
✦ The court finds that the evidence places all the accused persons at the scene of the crime and implicates them as the perpetrators of the murder.
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In re Estate of Wellington Muchenje Nalika (Deceased) (Succession Cause 712 of 2006) [2023] KEHC 26544 (KLR) (30 November 2023) (Judgment)
✦ Land Parcel North Kabras/Kivavywa/740 formed part of the estate of the deceased and is available for distribution amongst the deceased's heirs. The deceased's children are all equally entitled to benefit from the estate.
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Republic v Odiko & another (Criminal Case 20 of 2017) [2023] KEHC 26154 (KLR) (30 November 2023) (Ruling)
✦ The accused are sentenced to 40 years imprisonment for the murder of Lucas Onyango Bonyo.
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Gatutha v Republic (Criminal Appeal E007 of 2022) [2023] KEHC 26168 (KLR) (30 November 2023) (Judgment)
✦ The appeal is dismissed.
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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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Nyachweya v Director of Public Prosecution (Criminal Miscellaneous Application 26 of 2019) [2023] KEHC 26101 (KLR) (30 November 2023) (Resentence)
✦ The court has jurisdiction to determine the application for resentencing.
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Sisa v Otieno & another (Suing as the Legaal representatives of thhe Estate Of Willis Odiwuor Otieno) (Civil Appeal E050 of 2023) [2023] KEHC 26872 (KLR) (30 November 2023) (Judgment)
✦ The court affirmed the trial magistrate's apportionment of liability at 100% to the appellant and upheld the quantum awarded.
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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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Guardian Coach Limited v Mwita (Miscellaneous Civil Case E014 of 2023) [2023] KEHC 26209 (KLR) (30 November 2023) (Ruling)
✦ The court granted the stay of execution of the judgment and/or decree delivered on 17-5-2023 of Kshs 130,000/ together with costs and interests and taxation in Bondo PMCC No 46 of 2019 pending the hearing and determination of the intended appeal.
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Kiplabat & another v Republic (Criminal Revision Application E001 of 2023) [2023] KEHC 26042 (KLR) (30 November 2023) (Ruling)
✦ The trial court's decision is set aside, and prosecution witnesses are to be recalled.
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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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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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Kan Travellers Ltd & 2 others v Nakhungu (Civil Appeal 87 of 2019) [2023] KEHC 27287 (KLR) (30 November 2023) (Ruling)
✦ The appeal is allowed and the Appellant is given a chance to set down the appeal for directions and hearing expeditiously.
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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.