Kenyan case law
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Co-operative Bank of Kenya Limited v Jerim O. Obure [2019] KEHC 1237 (KLR)
✦ The Notice of Preliminary Objection is dismissed with costs to the appellant.
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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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Otieno, Ragot & Company Advocates v Britam Insurance Company Limited (Miscellaneous Civil Application 90 of 2019) [2019] KEHC 2153 (KLR) (14 November 2019) (Ruling)
✦ Judgment is entered for the Advocate against the Respondent for Kshs. 128,904.80 with interest at 14% from 10th July, 2019 till payment in full and the Advocate will have the costs of the application.
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Mbugua & Mbugua Company Advocates v Kenindia Assurance Company Limited [2019] KEHC 1715 (KLR)
✦ The respondent's retainer was terminated on 14 November 2017, and the Bill of Costs was filed within the prescribed time limit.
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Lawrence Nicholas Mutembei v Republic (Criminal Revision 10 of 2019) [2019] KEHC 2260 (KLR) (14 November 2019) (Ruling)
✦ The order allowing the withdrawal of charges is set aside, and the charges are terminated under Section 202 of the Criminal Procedure Code. The applicant is acquitted and cash bail is returned.
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Co-operative Bank of Kenya Ltd v Jeofrick N. Muinde t/a Kimu Auctioneers [2019] KEHC 1967 (KLR)
✦ The appeal is allowed and the ruling of the trial Magistrate is set aside
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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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Elizabeth Kerubo v Republic [2019] KEHC 1992 (KLR)
✦ The application for bond pending appeal is dismissed for lack of merit.
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Republic v County Chief Financial Officer & 2 others Exparte Paul Kangethe Waruhiu & 3 others [2019] KEHC 373 (KLR)
✦ The ex parte applicant's Notice of Motion is declined as premature.
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Republic v KB [2019] KEHC 2361 (KLR)
✦ The accused is sentenced to five (5) years imprisonment.
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Peter Mbau Gaitho v Anna Munyiua & Joseph MutukuMbithi(Suing As The Representatives Of TheEstate Of Job Mulinge Mbithi – Deceased) [2019] KEHC 12194 (KLR)
✦ The appeal is dismissed for want of prosecution, the order of stay is discharged, and the decretal sum is released to the Respondents' Advocates.
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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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In re Estate of Samuel M’ibiri M’bagiri (Deceased) [2019] KEHC 92 (KLR)
✦ The court finds that the applicant cannot review the previous distribution order and dismisses the application with no costs.
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Benjamin Kathuku Mutuse v Republic [2019] KEHC 2292 (KLR)
✦ The court finds that the prosecution's evidence was sufficient and that the Appellant was not entitled to an adverse inference against the prosecution.
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Nehemiah Stone Bic Misiani t/a Stonebic High School v Radio Africa Group Limited & 2 others [2019] KEHC 11975 (KLR)
✦ The appeal is partially successful, and the judgment awarding Kshs 500,000 in general damages is set aside. The Appellant is now awarded Kshs 1,000,000 in general damages.
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Republic v Edwin Otieno Wanyara [2019] KEHC 68 (KLR)
✦ The confession was not admissible as it was not recorded by a magistrate and did not comply with the prescribed procedure.
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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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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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In re Stephen Mang’ira Agola [2019] KEHC 2015 (KLR)
✦ Stephen Mang’ira Agola is hereby declared dead in accordance with Section 118A of the Evidence Act.
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Republic v Purity Mbithe Madaraka & another [2019] KEHC 2276 (KLR)
✦ The 1st and 2nd accused are placed on probation for three (3) years
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Abbas Abdi Abbas v Prime Fuels Kenya Limited [2019] KEHC 173 (KLR)
✦ The appeal is dismissed
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Francis Kasibwa Siva v Republic [2019] KEHC 1961 (KLR)
✦ The second count is a duplicity of the first count and the sentence in the second count is therefore unlawful. The sentence in the first count is lawful.
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Joseph Maina Mwaura v Equity Bank of Kenya Limited [2019] KEHC 171 (KLR)
✦ The court held that the appellant had proved his case to the required standards and awarded him general damages in the sum of Kshs. 700,000/= as compensation for the defamation.
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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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Samuel Barasa & 5 others v Technical University of Mombasa & 2 others [2019] KEHC 11993 (KLR)
✦ The court cannot order the Petitioners to the graduation list as it is not within its province to dictate to learning institutions who to confer graduation awards.