Kenyan case law
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Ng’ang’a & 2 others v Nyakoe & 8 others; Waswa Investment Company Limited (Interested Party) (Commercial Case E123 of 2022) [2022] KEHC 16069 (KLR) (Commercial and Tax) (24 November 2022) (Ruling)
✦ The application is dismissed with costs, as the balance of convenience tilts in favor of the respondents who have complied with the court judgment and conducted an election.
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Azicon Kenya Ltd v Kenya Airports Authority (Civil Case E040 of 2022) [2022] KEHC 16127 (KLR) (Commercial and Tax) (24 November 2022) (Ruling)
✦ The defendant's termination of the contract was unfair and unjust, and the defendant is restrained from undertaking a fresh procurement process.
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Kariuki & 5 others v Kenya Law Reform Commission & 4 others (Miscellaneous Civil Application 55 of 2018) [2022] KEHC 15672 (KLR) (24 November 2022) (Ruling)
✦ Application is allowed, suit is dismissed for want of prosecution
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Kithi & Company Advocates v County Government of Kiambu (Judicial Review Miscellaneous Application E100 of 2021) [2022] KEHC 15638 (KLR) (Judicial Review) (24 November 2022) (Ruling)
✦ The application is dismissed with no orders as to costs.
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Kitulu t/a Muema Kitulu & Co Advocates v Gateway Insurance Company Limited (Miscellaneous Civil Application 888 of 2013) [2022] KEHC 17008 (KLR) (Civ) (24 November 2022) (Ruling)
✦ Judgment is entered against the respondents for the sum of Kshs 189,538.70 being the taxed and certified costs in favor of the applicant, with interest at 14% per annum from the date of filing the bill of costs, being September 9, 2013.
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Sunfunder Inc v Mayfair Insurance Company Limited & another (Civil Case E158 of 2019) [2022] KEHC 16132 (KLR) (Commercial and Tax) (24 November 2022) (Ruling)
✦ The doctrine of res judicata is not applicable in this case. The application to amend the plaint is allowed. The application to strike out the plaint is dismissed.
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Kironyo v Nene (Civil Appeal E197 of 2021) [2022] KEHC 15604 (KLR) (24 November 2022) (Judgment)
✦ The appeal succeeds only in respect to the award for general damages, with the award reduced to Kshs 850,000
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Kenya Ports Authority v Commissioner of Domestic Taxes (Income Tax Appeal E054 of 2022) [2022] KEHC 15756 (KLR) (Commercial and Tax) (24 November 2022) (Ruling)
✦ The court granted the stay of execution pending the appeal, allowing the appellant to deposit Kshs 500,000,000/= in a joint interest earning account within 30 days.
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JMK v DKM (Matrimonial Case E001 of 2020) [2022] KEHC 15650 (KLR) (24 November 2022) (Judgment)
✦ The applicant has proved on the required standard of proof that she made direct and indirect contribution to the construction of the matrimonial home.
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Lalji Mehji Patel & Company Limited v South Development Company Limited (Civil Case E388 of 2020) [2022] KEHC 16044 (KLR) (Commercial and Tax) (24 November 2022) (Ruling)
✦ The application to set aside the arbitral award is allowed.
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Rasto & 5 others v Republic (Criminal Appeal E124 of 2022) [2022] KEHC 15663 (KLR) (Crim) (24 November 2022) (Ruling)
✦ The court held that the terms granted by the trial court were not manifestly excessive and were reasonable and fair.
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Solpia Kenya Limited v Kanunga (Civil Appeal 176 of 2018) [2022] KEHC 16556 (KLR) (Civ) (24 November 2022) (Ruling)
✦ The court reinstated the appeal and fixed it for hearing within 30 days from the date of this ruling
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Oltukai Mara Limited v Tuya & 7 others (Commercial Case E371 of 2022) [2022] KEHC 15704 (KLR) (Commercial and Tax) (24 November 2022) (Ruling)
✦ The court found that the Defendants did not violate the court orders and did not have actual knowledge of the orders as of October 11, 2022.
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Muli v Republic (Criminal Appeal E014 of 2022) [2022] KEHC 15742 (KLR) (24 November 2022) (Judgment)
✦ The appeal can only be on the sentence of 20 years.
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Joint Limited v Karanja & 2 others (Civil Case E489 of 2020) [2022] KEHC 16071 (KLR) (Commercial and Tax) (24 November 2022) (Ruling)
✦ The High Court has jurisdiction to hear the dispute as it relates to the sale of land and other services, not just the use and occupation of land.
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Mwangi & 2 others v Angose (Miscellaneous Application E540 of 2021) [2022] KEHC 17182 (KLR) (Civ) (24 November 2022) (Ruling)
✦ The application is dismissed with costs to the respondent.
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Nation Media Group v Child Welfare Society of Kenya (Civil Appeal E174 of 2020) [2022] KEHC 15708 (KLR) (Civ) (24 November 2022) (Judgment)
✦ The court found that the Appellant and the Contemnors had no knowledge of the court order when the story was aired, and thus, the trial court erred in finding them in contempt.
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Republic v Gacheru (Criminal Case 8 of 2017) [2022] KEHC 15698 (KLR) (24 November 2022) (Judgment)
✦ The prosecution failed to prove its case beyond reasonable doubt.
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Kibuchi & Company Advocates v Kenindia Assurance Company Limited (Miscellaneous Civil Application 707 of 2018) [2022] KEHC 15682 (KLR) (Civ) (24 November 2022) (Ruling)
✦ The court finds the preliminary objection has merit and upholds it, striking out the bill of costs with costs to the respondent.
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Ngui v Republic (Criminal Appeal E035 of 2022) [2022] KEHC 15766 (KLR) (24 November 2022) (Ruling)
✦ The court granted bail pending appeal due to the overwhelming chances of success of the appeal and the likelihood of the applicant serving part of his sentence by the time the appeal is heard.
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In re Estate of Francis Muiri Ngacha alias Hudson Muiri Ngacha (Deceased) (Probate & Administration 72 of 2019) [2022] KEHC 15737 (KLR) (24 November 2022) (Judgment)
✦ The court determined that the two properties listed by the 4th protestor as ancestral land do not form part of the estate of the deceased.
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RI v Republic (Criminal Appeal E003 of 2022) [2022] KEHC 16642 (KLR) (24 November 2022) (Judgment)
✦ The court finds that the ingredients of the oence of delement were proved, and the principle of husband-wife exception was considered. The dismissal of the application to have the matter proceed de novo was not prejudicial to the appellant. The trial magistrate did not disregard the appellant’s defence. The sentence of life imprisonment is not excessive and harsh.
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Karobia & another v Karobia & another; Riungu & another (Beneficiary) (Succession Cause 209 of 2012) [2022] KEHC 15606 (KLR) (24 November 2022) (Ruling)
✦ The grant should not be revoked as the respondents have not distributed the estate and have not acted diligently. The applicants and respondents are equal in status and priority as administrators.
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Republic v NEL (Criminal Case 18 of 2018) [2022] KEHC 15645 (KLR) (24 November 2022) (Judgment)
✦ The court found NEL guilty of murder.
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Henkel & another v Bitala & Kakinga Advocates (Miscellaneous Civil Application E161 of 2022) [2022] KEHC 15619 (KLR) (Civ) (24 November 2022) (Ruling)
✦ The respondent has no right of lien over the titles and is ordered to deliver them and cash accounts to the applicants