Kenyan case law
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Paddy Distributors Limited & another v National Cement Company Limited & 2 others (Civil Case 26 of 2018) [2022] KEHC 16070 (KLR) (Commercial and Tax) (24 November 2022) (Ruling)
✦ The application is not merited.
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Mwatha & 9 others v Ndirandu (Insolvency Cause E004 of 2021) [2022] KEHC 16116 (KLR) (Commercial and Tax) (24 November 2022) (Ruling)
✦ The preliminary objection is not merited and dismissed with costs.
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Munikah & Company Advocates v Official Receiver and Provisional Liquidator (Kenya National Assurance Company Limited (In Liquidation) (Miscellaneous Application 735 of 2012) [2022] KEHC 16287 (KLR) (24 November 2022) (Ruling)
✦ Judgment is entered for the applicant for the sum of Kshs.458,119.00 in taxed certified and allowed Advocate and Client costs, with interest at 14% per annum from December 21, 2012 to August 31, 2021, and further additional interest at the same rate from September 1, 2021 until payment in full.
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Kinyanjui Njuguna Co. Advocates v Invesco Assurance Co. Ltd & another (Insolvency Petition E155 of 2019) [2022] KEHC 16117 (KLR) (Commercial and Tax) (24 November 2022) (Ruling)
✦ The court finds the application premature and misconceived, and denies the prayers for review and reinstatement of the IRA report. The court awards costs to the petitioner.
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Mikumbune Farmers Co-operative Society v Karanja (Suing as Liquidator Nkuene Farmers’ Co-operative Society Limited) (Civil Appeal E180 of 2021) [2022] KEHC 17176 (KLR) (Civ) (24 November 2022) (Ruling)
✦ The court granted the stay of proceedings pending the appeal.
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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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Tom Ojienda & Associate v Nairobi City County (Miscellaneous Application E054 of 2018) [2022] KEHC 15558 (KLR) (Civ) (23 November 2022) (Ruling)
✦ Judgment entered for the applicant for the sum of Kshs 897,431/- as per the tax certificate with interest from the date of filing the application until payment in full. Costs of the application to be borne by each party.
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Republic v Wasonga (Criminal Case 23 of 2020) [2022] KEHC 15809 (KLR) (23 November 2022) (Judgment)
✦ The accused did not act in self-defense and caused the death of the deceased, thus the offence of murder was proved.
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Republic v Kirui (Criminal Case 7 of 2019) [2022] KEHC 15591 (KLR) (23 November 2022) (Ruling)
✦ The court finds that the prosecution has established a prima facie case against the accused and that the accused has a case to answer.
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Wangui v Republic (Criminal Appeal 39 of 2018) [2022] KEHC 15611 (KLR) (23 November 2022) (Judgment)
✦ The appeal is allowed, and the conviction and sentence are set aside. The appellant is set at liberty.
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Ngige v Republic (Criminal Appeal 25 of 2019) [2022] KEHC 15623 (KLR) (23 November 2022) (Judgment)
✦ The sentence imposed was not harsh and excessive, and the trial court was entitled to change the charge.
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Mega Transporters Co. Ltd v Rage (Civil Appeal E005 of 2022) [2022] KEHC 15573 (KLR) (23 November 2022) (Ruling)
✦ The application for stay of execution is allowed
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CIC General Insurance Limited v Njeru (Civil Appeal 455 of 2019) [2022] KEHC 15631 (KLR) (Civ) (23 November 2022) (Judgment)
✦ The court found that there was unreasonable delay in repairing the motor vehicle and awarded Kshs 2,000,000/= in general damages.
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Rentworks East Africa Limited v Arodi & 2 others (Civil Appeal E143 of 2021) [2022] KEHC 15687 (KLR) (23 November 2022) (Judgment)
✦ The appeal is partially allowed in the following terms: Liability: The 1st respondent's motor vehicle was to blame for the accident. Quantum of damages: The trial court's award of general damages is excessive and the reasons for the award are not provided. Special damages: The trial court did not determine that material damage to property cannot be dealt with as special damages.
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Republic v Mboya alias Obei (Criminal Case 44 of 2018) [2022] KEHC 15781 (KLR) (23 November 2022) (Judgment)
✦ The accused was found guilty of murder.
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Republic v Managing Director, Kenya Railways CorporationKenya Railways Corporation; Telkom Kenya Limited (Exparte Applicant) (Judicial Review Application 428 of 2018) [2022] KEHC 15568 (KLR) (Judicial Review) (23 November 2022) (Judgment)
✦ The ex parte applicant's application for an order of mandamus is struck out as premature, and the ex parte applicant is at liberty to institute a proper application should they so desire.
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Ndonga v Republic (Criminal Appeal 139 of 2019) [2022] KEHC 15616 (KLR) (Crim) (23 November 2022) (Judgment)
✦ The appeal is allowed, and the sentence is reduced to the period the appellant has already served.
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Mwangi v Republic (Criminal Case E059 of 2022) [2022] KEHC 15665 (KLR) (Crim) (23 November 2022) (Ruling)
✦ The court finds no compelling reasons to deny bail/bond to the accused.
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Maisha Flour Mills Limited v Kalomut & Kalomut (suing as Administrators of the Estate of the Late Jacob Plimo Kalomut (Deceased) & 2 others (Civil Appeal 1 of 2022) [2022] KEHC 15627 (KLR) (23 November 2022) (Ruling)
✦ The application is granted with conditions: a stay of execution of the judgment and decree in Kapenguria CMCC No. 5 of 2017 is ordered on condition that Kshs. 2,000,000 be deposited in a joint-interest earning account in the names of the Advocates for the Appellant and the 1st and 2nd Respondents.
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Republic v Ngeno (Criminal Case 20 of 2020) [2022] KEHC 15634 (KLR) (23 November 2022) (Ruling)
✦ The court grants the accused fresh bond terms with conditions
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Mutie v Munyili (Civil Appeal 07 of 2020) [2022] KEHC 15669 (KLR) (23 November 2022) (Judgment)
✦ The court finds that the appellant proved negligence on the part of the driver but did not prove injuries sustained in the accident.
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Birya v Republic (Criminal Appeal E010 of 2021) [2022] KEHC 15556 (KLR) (23 November 2022) (Judgment)
✦ The Court finds the evidence established the Appellant's guilt beyond reasonable doubt and the charge sheet's age error did not prejudice the Appellant. The Court upholds the conviction and sentence of 20 years imprisonment.
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Republic v Langat (Criminal Case 4 of 2019) [2022] KEHC 15577 (KLR) (23 November 2022) (Ruling)
✦ The court finds that the prosecution has established a prima facie case against the accused and that the accused has a case to answer.
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Republic v Mutiso (Criminal Case 42 of 2018) [2022] KEHC 15595 (KLR) (23 November 2022) (Judgment)
✦ The court found the circumstantial evidence sufficient to establish the accused's guilt, including the DNA evidence linking him to the crime.
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Konnexion Systems Limited & another v Independent Electoral and Boundaries Commission (IEBC) (Commercial Case 163 of 2014) [2022] KEHC 16290 (KLR) (Commercial and Tax) (23 November 2022) (Directions)
✦ The court directed that the two applications be canvassed contemporaneously by way of written submissions, and each party was granted leave to file respective responses within seven days.