Kenyan case law
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Jackson Khayega Muyungu v Republic [2019] KEHC 1243 (KLR)
✦ The appeal is dismissed, and the conviction and sentence are upheld.
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Rashid Mohammed Echesa & another v Nitunze Savings and Credit Co-operative Society Limited (In Liquidation) & 2 others [2019] KEHC 2240 (KLR)
✦ The court lacks jurisdiction to hear the matter as the issues raised by the petitioners fall within the jurisdiction of the Co-operative Tribunal.
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Mikael Miyawa Obul & 4 others v Kenya Informal Settlements Improvement Project & 4 others [2019] KEHC 1895 (KLR)
✦ The Petition fails and is dismissed.
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Republic v Chief Officer Finance Officer, County Govrnment of Nairobi Ex parte Kennedy Wainaina Ngenga [2019] KEHC 118 (KLR)
✦ The application should be urgently placed before Hon. Justice Mativo for further directions.
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Estera Mmbone Lusasi v Eunice Moraa [2019] KEHC 2200 (KLR)
✦ The application is accordingly dismissed. The matter should only be brought here on appeal should the Hamisi court make a decision that the parties are aggrieved by.
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Republic v Judith Achola Mulala [2019] KEHC 2218 (KLR)
✦ The court declines to revise the decisions of the trial court in all the eight matters, stating that the prosecution did not prepare itself for the proceeding due to staff maternity leave.
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Paul Njuguna Alias Bissy v Republic [2019] KEHC 2152 (KLR)
✦ The court re-evaluated the evidence and found that the conviction was based on a single witness identification, which was insufficient. The court concluded that the trial magistrate erred in failing to properly scrutinize the evidence and rule out the possibility of mistaken identification.
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Irene Kutsushi & 2 others v Herman Mulama Mudenyo & another [2019] KEHC 2204 (KLR)
✦ The application is dismissed for want of prosecution. The applicants to the Motion dated 11th March 2015 shall have the costs. The trial court file in Butere PMCSC No. 100 of 2003 shall be returned to the Butere registry for finalisation. The High Court file shall be closed.
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Robert Nyamasyo Mwololo & another v Republic [2019] KEHC 2194 (KLR)
✦ The court quashed the conviction and set aside the sentence, finding that the prosecution failed to prove that the appellants had in their control and custody the plant that turned out to be drugs.
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Alfred Mambo Mbai v Centrin Kadogo Khaemba (suing administrator and personal representative of the estate of Johnstone Randari Walubiri) [2019] KEHC 2252 (KLR)
✦ The application is dismissed with costs.
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Patrick Makumi Karanja v Africa Merchant Assurance Company Limited [2019] KEHC 1554 (KLR)
✦ The appeal is dismissed with costs to the respondent
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Republic v Commissioner of Domestic Taxes Exparte Sony Holdings Limited [2019] KEHC 11987 (KLR)
✦ The existence of the suit therefore offends the provisions of the TPA and the TAT act.
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Mua Insurance Kenya Limited v Aerospace Consortium International Ltd; ENCOMM Ltd (Intended Interested Party/Applicant) [2019] KEHC 1848 (KLR)
✦ The intended interested party, Encomm Limited, is joined as a party to the proceedings. The parties/Counsel are to pursue the 2nd prayer of discharging /varying /setting aside orders of interim injunction of 27th February 2019 and/or the hearing of the pending application of judgment on admission on a date agreed on by parties.
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Republic v County Government of Mandera & 3 others Exparte Export-Hydro Pump and Services (Africa) Limited [2019] KEHC 11986 (KLR)
✦ The court granted the orders of Mandamus, compelling the County Secretary and County Executive Committee Member in charge of Finance/County Treasurer, County Government of Mandera to pay the applicant the decretal sum and accrued interest.
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Gatts (K) Limited v Peter Awando Godial & 3 others [2019] KEHC 1892 (KLR)
✦ The application is dismissed with costs
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Margaret Wanjira Gathimba v Charles Mwangangi [2019] KEHC 2286 (KLR)
✦ The appeal is partly successful, with the judgment of the trial magistrate set aside. The land LR. Baragwi/Raimu/912 will be shared equally between the appellant and the 10 sons, with the appellant's share including her matrimonial home. The daughters of the deceased will inherit Plot No. 2 Rwambiti in equal shares.
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New International Consultancy company limited (Suing by a power of Attorney No. P/A65175/1 of Apexvision Limited) v Telkom Kenya & another [2019] KEHC 172 (KLR)
✦ The court found the interlocutory judgment regular and refused to set it aside.
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David Njoroge Kinuthia & 653 others v Gnanijivan Screws Fasteners Ltd & 5 others [2019] KEHC 1278 (KLR)
✦ The application for transfer is dismissed, and the case remains in the Civil Court.
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Kenya Diabetes Management & Information Centre Limited & another v Guerassim Nikolov [2019] KEHC 1239 (KLR)
✦ The appeal is allowed, and the lower court's ruling is set aside. The case will be returned for trial before another magistrate.
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Africabs Limited v Tony Karimi T/A Spero Africa [2019] KEHC 969 (KLR)
✦ The preliminary objection is dismissed as it is not a pure point of law but a factual issue requiring evidence.
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John Mwangangi Ndili v Republic (Criminal Appeal 56 of 2019) [2019] KEHC 2340 (KLR) (14 November 2019) (Judgment)
✦ The appeal is dismissed. The conviction and sentence are upheld.
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John Mugo Mathai v John Kibichi (Civil Appeal 15 of 2019) [2019] KEHC 2264 (KLR) (14 November 2019) (Ruling)
✦ The High Court granted a stay of execution subject to the provision of security and a condition for the grant of the stay of execution.
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Otieno, Ragot & Company Advocates v Britam Insurance Company Limited [2019] KEHC 2123 (KLR)
✦ Judgment is entered for the Advocate/Applicant for Kshs. 142,265.80 with interest at 14% from 10th July, 2019 till payment in full and the Advocate will have the costs of this application.
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Joseph Kariuki Njoka t/a Jofoco Contractors v P. Mbogo Karanja & 2 others [2019] KEHC 2076 (KLR)
✦ The appeal is dismissed with costs to the respondents.
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Calvin Ouma Miganda v Sammy Traders Limited [2019] KEHC 2121 (KLR)
✦ The notice of motion is allowed with the following terms: a stay of execution of proceedings in Kisumu CMCC No. 181 Of 2017 Calvin Ouma Miganda versus Sammy Traders Limited pending the hearing and determination of this appeal.