Kenyan case law
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Diamond Trust Bank Kenya Limited v Invesco Assurance Company Limited & another [2020] KEHC 2149 (KLR)
✦ The court finds that the 2nd Respondents discharged their burden of proof on the existence of the account, shifting the evidential burden to the appellant to confirm or deny that it held the two accounts on behalf of the Judgment Debtor.
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Kioko David Mutinda v Translink Logistics (EA) Ltd [2020] KEHC 2253 (KLR)
✦ The court upheld the trial magistrate's findings on liability and quantum, finding that the respondent was more to blame for the accident than the appellant.
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David Kipkemoi Koskei v Kenya Commercial Bank & 2 others [2020] KEHC 2002 (KLR)
✦ The Court grants a stay of execution pending appeal on condition that the Plaintiff/Applicant deposits Ksh. 3,000,000 in an interest-earning account held jointly by the Plaintiff/Applicant's counsel and the 3rd Respondent within 60 days of this date.
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Kigoro Machoro v Republic [2020] KEHC 1984 (KLR)
✦ The conviction and sentence are set aside. The Appellant is sentenced to 20 years imprisonment.
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Bernard Mutua Matheka v Republic [2020] KEHC 10207 (KLR)
✦ The death sentence is set aside and the petitioner is set at liberty with a sentence of the period already served.
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David Muchangi v Republic [2020] KEHC 1999 (KLR)
✦ The court denied the application for review.
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Safari Charo Koyo v Director of Public Prosecution [2020] KEHC 2199 (KLR)
✦ The court finds no reason to disturb the learned magistrate's sentence and denies the petitioner's relief.
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Anton Wandui Murage v Wamwea Gichina [2020] KEHC 2179 (KLR)
✦ The court dismisses the application with costs
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HNN v JNK (Civil Case 22 of 2016) [2020] KEHC 2227 (KLR) (23 October 2020) (Ruling)
✦ The consent order is valid and the Defendant's application to set it aside is dismissed. The court directs that the status quo be maintained regarding the ownership of the suit properties until further orders.
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Azan Enterprises Ltd v Zuhura Syongit Robert (Legal representative of the Estate of Abubakar Abdalla Mwangi (Deceased) [2020] KEHC 933 (KLR)
✦ The appeal is dismissed as the trial court's award of damages was within the bounds of the principles of law
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Julius Nyamao Isaka Republic [2020] KEHC 2219 (KLR)
✦ The death sentence is set aside and substituted with a sentence of the period already served.
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Julius Omondi Paulo v Republic [2020] KEHC 2046 (KLR)
✦ The conviction and sentence are upheld.
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Miriam Amai Oruchum v Republic [2020] KEHC 236 (KLR)
✦ The court dismissed the application for revision
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In re Estate Thomas Kiprono Chepkwony (Deceased) [2020] KEHC 2180 (KLR)
✦ The court finds the appellants substantially successful on the quantum of damages but unsuccessful on liability. The respondent is successful on liability but unsuccessful on the quantum of damages.
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Peter Kiboi Cheptangat v Republic [2020] KEHC 2154 (KLR)
✦ The court found that the ingredients for the offence were established, and the complainant's testimony was sufficient to prove penetration. The court also found that the complainant identified the appellant as the assailant.
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Catherine Situmai Muya & another v DCIO Kabete Police Statio & 3 others [2020] KEHC 1954 (KLR)
✦ The application is dismissed with no order as to costs as it is premature.
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Michael Joseph v Kenya Aviation Workers Union [2020] KEHC 2328 (KLR)
✦ The defendant is restrained from further writing, printing, and publishing defamatory statements concerning the plaintiff
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John Ouma Osienya v Republic [2020] KEHC 1762 (KLR)
✦ The appellant’s conviction and sentence are affirmed
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Cement Centre Limited v Steven O. Oyolla [2020] KEHC 1947 (KLR)
✦ The Appellant is 100% liable for the accident and the trial court's finding is upheld. The appeal is dismissed.
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RA (Acting on Her Own Behalf and on Behalf of SOO) & another v Holy Ghost Coptic Church of Africa & 6 others; National Council for Persons With Disabilities & another (Interested Parties) (Petition 23 of 2018) [2020] KEHC 9230 (KLR) (22 October 2020) (Judgment)
✦ The court found that the 4th and 5th Respondents provided medical support and facilities for persons who suffer from mental illness, including SOO.
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Ngaywa Ngigi & Kibet Advocates v Invesco Assurance Company Limited; Diamond Trust Bank (Tom Mboya & Koinange Street Branches) (Garnishee) [2020] KEHC 2393 (KLR)
✦ The court denies the application for garnishee orders.
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Nicholas Juma v James Wambua Muli [2020] KEHC 2394 (KLR)
✦ The court enhances the award on general damages to Kshs. 2,000,000/-
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In re Estate of Malakwen Tarus (Deceased) [2020] KEHC 1836 (KLR)
✦ The Court granted an injunction restraining the respondents from interfering with the beneficiaries' occupation of the estate and ordered a survey of the disputed portion.
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Bonface Renja Erambo v Kenya Commercial Bank Limited [2020] KEHC 1794 (KLR)
✦ The Plaintiff's application for a temporary injunction is dismissed with costs.
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John Wachira Githinji v Republic [2020] KEHC 1933 (KLR)
✦ The court finds no merit in the application and dismisses it.