Kenyan case law
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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.
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John Ochieng Osungo v Republic [2019] KEHC 1855 (KLR)
✦ The court upheld the conviction and sentence, finding no discrepancies in the prosecution case and rejecting the alibi defense.
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Joram Kariuki Njuguna v Republic [2019] KEHC 1469 (KLR)
✦ The conviction for robbery with violence is quashed, and the appellant is convicted of handling stolen goods. The sentence of death is set aside and replaced with a ten-year imprisonment sentence.
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Adam Daktari Konoye v Republic [2019] KEHC 1858 (KLR)
✦ The charge sheet is defective as it incorrectly charges the offence of Defilement instead of the offence of Gang Rape, which was the correct charge based on the evidence.
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Republic v Ann Ngeta [2019] KEHC 2245 (KLR)
✦ The court finds the accused not guilty of murder
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John Nduva Mutua v Republic [2019] KEHC 11988 (KLR)
✦ The appeal is upheld, and the conviction and sentence are set aside.
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Beatrice Khamede v Erick Wanunu & another [2019] KEHC 12042 (KLR)
✦ The appeal is dismissed with costs as the award of general damages is within the range of similar awards for comparable injuries.
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Alex Moseti t/a Molly’s Bar v Tourism Regulatory Authority & another [2019] KEHC 1642 (KLR)
✦ The court finds the appellant's claim merited and grants an interlocutory injunction restraining the respondents from demanding payment of levies through threats of arrest, intimidation, harassment and interfering with the appellant's business pending the determination of the suit.
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Mwinzi v Cabinet Secretary, Ministry of Foreign Affairs & 2 others (Petition 367 of 2019) [2019] KEHC 2293 (KLR) (Constitutional and Human Rights) (14 November 2019) (Judgment)
✦ The court dismissed the petition as the current political process of approval and appointment is not complete, and the President has yet to make the appointment formal on the advisement of the National Assembly.
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Nicholas Ochieng Odera v Republic [2019] KEHC 2117 (KLR)
✦ The appellate court interferes with the sentence, reducing it from 4 years to 2 years
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Republic v KB [2019] KEHC 2361 (KLR)
✦ The accused is sentenced to five (5) years imprisonment.
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In re IN (Child) [2019] KEHC 2222 (KLR)
✦ The adoption order is granted for prayers 1, 3, and 4 of the originating summons
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Republic v Cosmas Muli Muthusi [2019] KEHC 2334 (KLR)
✦ The accused is sentenced to seven (7) years imprisonment to be served in full.
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Republic v Edwin Wariuku Gachago & another [2019] KEHC 503 (KLR)
✦ The court found that the prosecution did not make out a prima facie case and that the evidence was insufficient to convict the accused of murder.
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Catherine Wambui Njogu v Jacob Mash Shake & another [2019] KEHC 181 (KLR)
✦ The appeal is allowed, and the judgment of the trial court is set aside. The respondent's claim is dismissed.
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Kiraitu Murungi v Nation Media Group Limited & another [2019] KEHC 2022 (KLR)
✦ The court orders the case to be prosecuted within six (6) months from the date of this ruling, or it will stand dismissed.
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AMA v LAO [2019] KEHC 12008 (KLR)
✦ The application must fail as the conditions for granting a stay are not met.
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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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Richard Omondi Obonyo v Republic [2019] KEHC 2166 (KLR)
✦ The conviction for defilement is quashed and the sentence set aside. The Appellant is ordered to be set at liberty.
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Otieno, Ragot & Company Advocates v Chemelil Sugar Company Limited [2019] KEHC 2163 (KLR)
✦ Judgment is entered for the Advocate against the Respondent for Kshs. 787,808.45 with interest at 14% from 14th July, 2019 till payment in full and the Advocate will have the costs of the application.
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Abbas Abdi Abbas v Prime Fuels Kenya Limited [2019] KEHC 173 (KLR)
✦ The appeal is dismissed
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Paul Mwaniki Gachoka & another v Nation Media Group Limited & another [2019] KEHC 1283 (KLR)
✦ The plaintiffs have established a prima facie case with a probability of success, and damages may not be adequate compensation in the event they establish their case against the defendants. The court orders a mandatory injunction to pull down the defamatory post on the defendants' website.
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In re Estate of Stephen Kiriba Kinoro (Deceased) [2019] KEHC 2193 (KLR)
✦ The court directs that the surveyors' reports be further explained and cross-examined
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Ann Mwikali Kiusya v Disciplinary Tribunal; David Mutisya Makumbi (Interested Party) [2019] KEHC 238 (KLR)
✦ The court finds merit in the ex parte applicant's application and allows it
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Republic v Gerald Mua Nthiwa [2019] KEHC 2236 (KLR)
✦ The court found insufficient evidence to prove the accused's guilt and the required malice aforethought, thus acquitting the accused.