Kenyan case law
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Ng’anga v Macharia (Civil Case 180 of 2019) [2022] KEHC 15890 (KLR) (Civ) (18 November 2022) (Judgment)
✦ The court found that the defendant's statements were defamatory and that the plaintiff suffered harm to his reputation. The court awarded general damages and aggravated damages.
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Tsusho Capital Kenya Limited v Ngechu (Civil Appeal 12 of 2019) [2022] KEHC 15445 (KLR) (18 November 2022) (Judgment)
✦ The court held that the respondent had discharged her burden of proof regarding the occurrence of the accident, the death involved, and the ownership of the motor vehicle.
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Kiplagat & another v Consolidated Bank (Civil Case 73 of 2018) [2022] KEHC 15470 (KLR) (18 November 2022) (Judgment)
✦ The court held that a permanent injunction cannot issue in the circumstances and denied the Plaintiffs' request.
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In re Estate of Hurbai Hussein (Deceased) (Succession Cause 702 of 2019) [2022] KEHC 15962 (KLR) (Family) (18 November 2022) (Judgment)
✦ The grant is not revoked as the objector failed to provide specific evidence of fraud or concealed material facts.
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Mbugua & another v Wacuka & 2 others (Miscellaneous Case 150 of 2021) [2022] KEHC 15954 (KLR) (Family) (18 November 2022) (Ruling)
✦ The court declines to order the transfer of Kikuyu Succession Cause No 166 of 2016 as it has already been finalized. The court also declines to consolidate the two succession causes as they relate to different estates.
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Mombasa Maize Millers Limited v Kipkosgei (Civil Appeal 61 of 2020) [2022] KEHC 15429 (KLR) (18 November 2022) (Judgment)
✦ The court held that the trial court erred in awarding the respondent Kshs 1,800,000 for loss of goods and Kshs 200,000 for loss of user.
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Kangethe v National Police Service Commission & another; Agriculture Development Corporation & another (Interested Parties) (Petition 476 of 2019) [2022] KEHC 15440 (KLR) (Civ) (18 November 2022) (Judgment)
✦ The court found that the respondents' actions are within their constitutional mandates and granted the reliefs sought.
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In re Estate of Joseph Eric Owino alias Joseph Eric Owino Nyaburi -Deceased (Succession Cause 58 of 2020) [2022] KEHC 15453 (KLR) (18 November 2022) (Ruling)
✦ The court found that the bank's statutory power of sale has crystallised and that the deceased's estate has not made good the default on the loan. The court also ordered that the monies held at DTB Bank account no 5736350001 be released to NBK.
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In re Baby CW (Adoption Cause E073 of 2022) [2022] KEHC 15849 (KLR) (Family) (18 November 2022) (Judgment)
✦ The court finds that the applicant is a suitable adoptive parent and that the legal prerequisites for an adoption order have been met. The court declares the child to be a citizen of Kenya by birth.
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In re Appointment of A Guardian/Trustee in Respect of CAM (Miscellaneous Application E153 of 2022) [2022] KEHC 15976 (KLR) (Family) (18 November 2022) (Judgment)
✦ The subject CAM is declared to be suffering from a mental disorder and the petitioners ECA, SJKA, and DAMA are appointed as legal guardians for CAM and managers of his estate.
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Lemeiguran & 11 others v Attorney General & 4 others (Petition E064 of 2021) [2022] KEHC 15475 (KLR) (Constitutional and Human Rights) (18 November 2022) (Ruling)
✦ The court finds that the petition raises substantial questions of law warranting certication before the Chief Justice.
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Ibrahim & another v Ndegwa (Miscellaneous Civil Application E013 of 2022) [2022] KEHC 15516 (KLR) (18 November 2022) (Ruling)
✦ The court grants the applicants leave to appeal out of time and orders a stay of execution of the ex parte judgment pending the hearing and determination of the appeal.
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Mbala v Republic (Miscellaneous Criminal Application E085 of 2022) [2022] KEHC 15581 (KLR) (18 November 2022) (Ruling)
✦ The application for leave to file an appeal out of time is allowed as the delay is not inordinate. The applicant is required to pay for the proceedings, judgment, and preparation of the record of appeal to the Court of Appeal.
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Opiyo v Republic (Miscellaneous Criminal Application E140 of 2022) [2022] KEHC 15550 (KLR) (18 November 2022) (Ruling)
✦ The application is dismissed as there is no merit and no reason for the procrastination.
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Swiftway Auctioneers v New Buxton Inn Limited (Miscellaneous Civil Application 80 of 2021) [2022] KEHC 16863 (KLR) (18 November 2022) (Ruling)
✦ The applicant's application is dismissed, and the respondent's application is struck out. The interim orders are vacated, and parties are directed to approach the lower court for further directions.
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TJO (Suing as father and next friend of NM (Minor) v Riara Springs Girls’ High School (Petition 468 of 2019) [2022] KEHC 15456 (KLR) (Constitutional and Human Rights) (18 November 2022) (Judgment)
✦ The court found that the respondent has legal capacity to sue or be sued, and the petitioner is entitled to the reliefs sought.
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Ndichu (Suing as the legal representative of John Ngugi Ndichu (Deceased)) v Permanent Secretary Ministry of Defence (Miscellaneous Civil Application E011 of 2021 & Miscellaneous Application E013 of 2021 (Consolidated)) [2022] KEHC 15502 (KLR) (18 November 2022) (Ruling)
✦ The court grants the mandamus order
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Mwavaka v Republic (Miscellaneous Criminal Application E097 of 2022) [2022] KEHC 15564 (KLR) (18 November 2022) (Ruling)
✦ Application is dismissed
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Edward v Kenya School of Law & 2 others (Miscellaneous Application E105 of 2022) [2022] KEHC 15458 (KLR) (Constitutional and Human Rights) (18 November 2022) (Judgment)
✦ The court held that the petitioner was not qualified for admission to the ATP program based on the interpretation of the Kenya School of Law Act 2012 and the second schedule.
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Mbirira & 11 others v Attorney General & 4 others; Council of Governors (Intended Interested Party) (Petition 117 of 2020) [2022] KEHC 15441 (KLR) (Constitutional and Human Rights) (18 November 2022) (Judgment)
✦ The entire Public Finance Management Coffee Cherry Advance Revolving Fund Regulations, 2020 are declared illegal, invalid, null and void.
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In re Baby JWW (Minor) (Adoption Cause E108 of 2022) [2022] KEHC 15901 (KLR) (Family) (18 November 2022) (Judgment)
✦ The court finds the applicant to be a suitable adoptive parent and the legal prerequisites for adoption have been met. The court also finds that the biological mother's consent is not required for the adoption.
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Andubi v Republic (Criminal Revision E008 of 2022) [2022] KEHC 15553 (KLR) (18 November 2022) (Ruling)
✦ The sentence is not excessive but commensurate with the offense and circumstances. The applicant is given the opportunity to refund the money within 30 days and execute a Kshs 100,000 cognisance.
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In re Estate of Sinde Rakwro (Deceased) (Succession Cause 142 of 2022) [2022] KEHC 15562 (KLR) (18 November 2022) (Ruling)
✦ The file from Bondo is hereby transferred to Madiany Law Courts.
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CKM v EMM (Family Appeal HCFA/E026 of 2022) [2022] KEHC 15887 (KLR) (Family) (18 November 2022) (Ruling)
✦ The application for stay is granted
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Macharia & 7 others v Attorney General (Petition 69, 68, 70, 71, 72, 74, 75 & 76 of 2020 (Consolidated)) [2022] KEHC 15481 (KLR) (Constitutional and Human Rights) (18 November 2022) (Judgment)
✦ Respondent failed to file a replying affidavit, which impacts the case.