Kenyan case law
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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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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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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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Mukoto v Republic (Miscellaneous Criminal Application E007 of 2022) [2022] KEHC 15715 (KLR) (24 November 2022) (Ruling)
✦ The application for resentencing is dismissed as it is overtaken by events and the applicant has not exhausted her appellate avenues.
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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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Republic v Masila (Criminal Case 13 of 2017) [2022] KEHC 16430 (KLR) (24 November 2022) (Judgment)
✦ The court finds the accused guilty of manslaughter and convicts him under section 322 (2) of the Criminal Procedure Code.
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Wabwire v Nation Media Group Limited & another (Miscellaneous Application E579 of 2021) [2022] KEHC 15714 (KLR) (Civ) (24 November 2022) (Ruling)
✦ The application is dismissed with costs to the Respondents
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Jupiter Electrical & Contractors v Muthemba & Michuki (Sued as administrators of the estate of the late) Louis Njuguna Muthemba & another (Civil Suit 347 of 2011) [2022] KEHC 15750 (KLR) (Civ) (24 November 2022) (Ruling)
✦ The motion is struck out but costs are ordered in the cause.
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Makhecha & Gitonga Advocates v Standard Group Limited (Miscellaneous Civil Application 179 of 2020) [2022] KEHC 16459 (KLR) (Civ) (24 November 2022) (Ruling)
✦ The court denied the application for enlargement of time to file a reference, variation of taxation, and costs.
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Oluoch v Stanbic Bank Ltd (Civil Appeal 336 of 2019) [2022] KEHC 17194 (KLR) (Civ) (24 November 2022) (Judgment)
✦ The court held that the card issued to the Appellant by the Respondent was a debit card.
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Office of the Director of Public Prosecutions v Kitti (Criminal Case 12 of 2020) [2022] KEHC 16414 (KLR) (24 November 2022) (Judgment)
✦ The accused is found guilty of murder and is convicted under section 215 of the Penal Code.
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KCB Insurance Agency Limited v Commissioner of Domestic Taxes (Income Tax Appeal E087 of 2021) [2022] KEHC 16061 (KLR) (Commercial and Tax) (24 November 2022) (Judgment)
✦ The Appellant is not an insurance agent and the services provided were not exempt from VAT.
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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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Republic v Wanjiri & another (Criminal Case E004 of 2022) [2022] KEHC 15664 (KLR) (24 November 2022) (Judgment)
✦ Both accused are hereby found not guilty as charged and acquitted of the charge.
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Wekesa & Simiyu Advocates v Geothermal Development Company Limited (Miscellaneous Application E721 of 2021) [2022] KEHC 16140 (KLR) (Commercial and Tax) (24 November 2022) (Ruling)
✦ Judgment is entered in favor of the advocate for the sum of Kshs. 51,974,497.44 together with interest at 14% from the date of taxation until payment in full.
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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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MWK v AWW (Civil Suit E012 of 2022) [2022] KEHC 15689 (KLR) (24 November 2022) (Ruling)
✦ The court granted the interim orders to preserve the property from being disposed of by the defendant.
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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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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
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Mburugu v Onyango & another (Civil Case E677 of 2021) [2022] KEHC 16050 (KLR) (Commercial and Tax) (24 November 2022) (Ruling)
✦ The court found that the defendants are infringing the plaintiff's trademark and ordered an injunction to prevent them from using the 'Milele' trademark.
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LWG v JK (Civil Suit 10 of 2017) [2022] KEHC 15601 (KLR) (24 November 2022) (Judgment)
✦ The court ordered LWG to deposit Kshs 10,000 into the court as her contribution to the purchase of Karai/Gikambura property. The title of the property will be cancelled and registered in LWG's sole name.
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Kithi & Company Advocates v County Government of Kiambu (Judicial Review Miscellaneous Application E101 of 2021) [2022] KEHC 15639 (KLR) (Judicial Review) (24 November 2022) (Ruling)
✦ The taxing master's decision on the instruction fee and getting up fee is set aside. All other findings on the taxation are upheld.
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Ng'ang'a ((Suing as the personal representative of the estate of Peter Kariuki Ng'ang'a (Deceased)) v Waithanji & another (Miscellaneous Civil Suit E523 of 2021) [2022] KEHC 16460 (KLR) (Commercial and Tax) (24 November 2022) (Ruling)
✦ The court granted the application for extension of time
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Urysia Limited v Rentco East Africa Limited (Civil Case E931 of 2021) [2022] KEHC 16130 (KLR) (Commercial and Tax) (24 November 2022) (Ruling)
✦ The court found that Rentco East Africa Limited has not established a prima facie case and that the injury it will suffer if the injunction is not granted is not irreparable.
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In re Estate of ETG (Deceased) (Succession Cause 7 of 2020) [2022] KEHC 16087 (KLR) (24 November 2022) (Judgment)
✦ The will dated May 8, 2017 is declared invalid, and the grant of probate to the estate of ETG made to SKT on June 25, 2021 is revoked.