Kenyan case law
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Republic v Cheruiyot (Criminal Case 35 of 2019) [2022] KEHC 15609 (KLR) (22 November 2022) (Judgment)
✦ The charge against the accused is dismissed and the accused is acquitted.
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Owaga v Koech (Civil Suit 399 of 1996) [2022] KEHC 17144 (KLR) (22 November 2022) (Ruling)
✦ The judgment is statute barred by the Limitation of Actions Act and is quashed.
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Gorasia v Republic (Criminal Appeal 085 of 2021) [2022] KEHC 15709 (KLR) (Anti-Corruption and Economic Crimes) (22 November 2022) (Ruling)
✦ The court will not grant leave to adduce new evidence as it is not new and was available to the applicant.
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Said & another v Mohamed & 2 others (Civil Appeal E003 & E008 of 2020 (Consolidated)) [2022] KEHC 17169 (KLR) (22 November 2022) (Judgment)
✦ Both appeals are dismissed as the trial court's discretion was not misdirected and there is no merit in the appeals.
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Modern Coast Coaches Limited v Odhiambo (Civil Appeal E068 of 2021) [2022] KEHC 15681 (KLR) (22 November 2022) (Judgment)
✦ The appeal is dismissed. The award of damages made by the trial court is upheld. The appellant will pay the respondent's costs of appeal.
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Khaemba v Mutua & 2 others (Election Petition E001 of 2022) [2022] KEHC 15532 (KLR) (22 November 2022) (Ruling)
✦ The petition and supporting affidavits are struck out.
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Republic v Nzau (Criminal Case 1 of 2018) [2022] KEHC 15743 (KLR) (22 November 2022) (Judgment)
✦ The court reduces the charge of murder to manslaughter and acquits the accused of murder but convicts him of manslaughter.
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Republic v Nzavi (Criminal Case E008 of 2020) [2022] KEHC 15764 (KLR) (22 November 2022) (Ruling)
✦ The Court upholds the Accused's rights to a fair trial by ensuring the Defense sufficient time to prepare.
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State v Mband & another (Criminal Case E015 of 2022) [2022] KEHC 15771 (KLR) (22 November 2022) (Judgment)
✦ The accused persons Maurice Owino Mband and Bernard Otieno Mband are found guilty of murder.
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John v Republic (Criminal Appeal E026 of 2022) [2022] KEHC 15740 (KLR) (22 November 2022) (Judgment)
✦ The Court found that the charges of robbery with violence were not duplicitous and that the ingredients of the crime were satisfied.
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Republic v Wesonga (Criminal Revision E011 of 2022) [2022] KEHC 15716 (KLR) (22 November 2022) (Ruling)
✦ The court found no merit in the request for revision and declined it.
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Katatha v Independent Electoral and Boundaries Commission & 2 others (Election Petition E001 of 2022) [2022] KEHC 16092 (KLR) (22 November 2022) (Ruling)
✦ The court dismisses the application for scrutiny and recount, finding insufficient evidence and procedural irregularities.
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Tito v Republic (Through DPP) (Miscellaneous Criminal Application E179 of 2022) [2022] KEHC 16438 (KLR) (22 November 2022) (Ruling)
✦ The application to adjust sentence is not sustained as the review was already done in the appeal and the 30 years sentence should run from June 22, 2015.
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Republic v Langat (Criminal Case E017 of 2022) [2022] KEHC 15579 (KLR) (22 November 2022) (Ruling)
✦ The application for bail is denied.
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Chaka v Office of the Director of Public Prosecution (Miscellaneous Criminal Application E136 of 2022) [2022] KEHC 16403 (KLR) (22 November 2022) (Ruling)
✦ The mandatory nature of the life imprisonment sentence is unconstitutional and is hereby reviewed and set aside. The applicant is sentenced to serve 35 years in prison with effect from the date of arrest.
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In re Estate of Ntatua Mungania (Deceased) (Miscellaneous Succession Cause E027 of 2021) [2022] KEHC 17138 (KLR) (22 November 2022) (Ruling)
✦ The court revokes the grant issued to the Respondent and orders the land parcel to be reverted to the name of the deceased.
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Nyabuto & another v Ogoncho (Civil Appeal 117 of 2021) [2022] KEHC 17145 (KLR) (22 November 2022) (Judgment)
✦ The court sets aside the award of general damages of Kshs 350,000 and substitutes it with an award of Kshs 100,000.
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Kilasi v Republic (Criminal Revision E237 of 2022) [2022] KEHC 15543 (KLR) (Crim) (21 November 2022) (Ruling)
✦ The court finds that the grant or refusal of bail/bond becomes an issue once a person has been arrested. It is not dependent on the stage where the proceedings of the trial court have reached.
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Wanga v Republic (Criminal Appeal E007 of 2022) [2022] KEHC 15546 (KLR) (21 November 2022) (Judgment)
✦ The prosecution's case was proved beyond reasonable doubt, and the appellant's sentence was upheld.
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Republic v Larama (Criminal Case E019 of 2020) [2022] KEHC 15509 (KLR) (21 November 2022) (Ruling)
✦ The court finds a prima facie case for murder and orders the accused to proceed as provided under section 306 (2) of the Criminal Procedure Code.
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Mutura v Mutwiri (Civil Case E005 of 2022) [2022] KEHC 15517 (KLR) (21 November 2022) (Judgment)
✦ The Court of Appeal upheld the trial court's decision on quantum, finding the award of Kes 900,000/= for a single fracture of the femur to be reasonable and just.
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Edambo & 4 others v Independent Policing Oversight Authority (IPOA) & 6 others (Constitutional Petition E499 of 2022) [2022] KEHC 17026 (KLR) (Constitutional and Human Rights) (21 November 2022) (Ruling)
✦ The court found that the petitioners were ordered to appear for plea and that the respondents were restrained from harassing, arresting, charging, and detaining the petitioners pending the hearing and determination of the petition.
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Republic v Otieto (Criminal Case 47 of 2013) [2022] KEHC 15717 (KLR) (21 November 2022) (Ruling)
✦ The court finds no prima facie case has been established and acquits the accused.
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Odhiambo v Republic (Anti-Corruption and Economic Crimes Appeal 30 of 2019) [2022] KEHC 15541 (KLR) (Anti-Corruption and Economic Crimes) (21 November 2022) (Judgment)
✦ The court found that the prosecution proved the charge in Count 1 beyond reasonable doubt and upheld the sentences.
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In re Estate of Nuru Kinoti Ali alias Nooru Nuru Ali (Deceased) (Succession Cause 384 of 2002) [2022] KEHC 15895 (KLR) (21 November 2022) (Ruling)
✦ The court lacks the requisite jurisdiction to determine the claim for title to and occupation of land arising from subdivisions of LR. Abogeta/U-Kithangari/859 and the case is dismissed.