Kenyan case law
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Mini Bakeries (Nbi) Limited & another v Zamzam Josephine Akinyi Aindo (Suing as the legal representative ad litem of estate of the late Jamalddin Ramadhan (Deceased) [2019] KEHC 461 (KLR)
✦ The court held that the respondent was 100% liable for the accident and awarded damages totaling Kshs. 2,146,500/-
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Kenya Women Finance Trust v Salome Waithaka Kinyua & another [2019] KEHC 1301 (KLR)
✦ The Court of Appeal granted an order regularizing the being on record of the Respondents' counsel and deemed all documents filed by the said advocate as properly on record.
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Kenya Wildlife Service v Farah Rashid Abdi (suing as Legal Administrator of the late Aden Rashid Abdi) [2019] KEHC 2270 (KLR)
✦ Appellant's application for stay pending appeal is granted
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Joseph Otieno Oketch v Republic [2019] KEHC 2345 (KLR)
✦ The Court of Appeal found that the evidence of identification was not watertight and that the prosecution did not prove the case beyond reasonable doubt. The sentence was considered manifestly excessive.
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Republic v Sarah Wairimu Kamotho [2019] KEHC 579 (KLR)
✦ The application to consolidate the two cases is allowed.
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Republic v Peter Kiprotich Rono [2019] KEHC 2352 (KLR)
✦ The accused is convicted of manslaughter and is discharged from custody.
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In re Kenya Airfreight Handling Limited (Insolvency Cause E016 of 2019) [2019] KEHC 2312 (KLR) (Commercial and Tax) (12 November 2019) (Ruling)
✦ The Preliminary Objection is partly upheld with regard to the inclusion of Equatorial Commercial Bank, and the rest of the Preliminary Objection is not a pure point of law to determine the whole suit at this stage.
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Samuel Mukundi Kangigi v Republic (Criminal Revision 100 of 2019) [2019] KEHC 2383 (KLR) (12 November 2019) (Revision)
✦ The order of the magistrate dated 29/10/2018 is irregular and prejudicial to the accused and is hereby set aside.
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Republic v KN [2019] KEHC 2456 (KLR)
✦ The court places the accused on probation for two years under the supervision of the county probation officer.
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Christopher Waithaka Mwangi v Republic [2019] KEHC 2017 (KLR)
✦ The appeal is allowed, the appellant is set free unless lawfully held.
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Republic v Simon Mukuzi Obena [2019] KEHC 2556 (KLR)
✦ The court found that the accused did not make the threats attributed to him and that there was no other evidence to prove the offence of murder.
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Republic v Kadhi Court at Wajir & another Exparte Abdi Koriyoy Gabow [2019] KEHC 2447 (KLR)
✦ The application is dismissed as an appeal disguised as a Judicial Review.
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James Macharia Mwangi v Director of Public Prosecution [2019] KEHC 11994 (KLR)
✦ The death sentence is set aside and replaced with a jail term for 16 years. The Petitioner is now released unless lawfully held.
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Boniface Mutua Mutuku v Republic [2019] KEHC 2219 (KLR)
✦ The conviction is affirmed. The sentence imposed is set aside and substituted with a sentence of thirty (30) years from the date of the sentence by the trial court.
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AMA v NSY [2019] KEHC 12013 (KLR)
✦ Legal custody, care and control of the children granted to the respondent. Appellant granted reasonable access to the children, including visits to Kenya for up to 30 days per year. Maintenance ordered at Kshs.20,000 per month.
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Samura Engineering Limited v Nairobi City Water and Sewerage Company Limited [2019] KEHC 11972 (KLR)
✦ The Defendant's application to dismiss the Plaintiff's suit for want of prosecution is dismissed.
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Republic v County Commissioner of Mandera County & another Ex Parte Tawakal Quarry Producers Co-operative Society Limited [2019] KEHC 2524 (KLR)
✦ The court quashes the decision and order of the 1st Respondent banning and prohibiting extraction, excavation, works, working in or thereon and or supply construction materials from or in licensed quarries within Mandera East Sub-County in the County of Mandera for personal or commercial purposes.
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Joel Kiptoo Misoi v Republic [2019] KEHC 2282 (KLR)
✦ The sentence is set aside and reduced to two years with the option of a fine of KShs.200,000/=
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Republic v Harrison Kimani & 3 others [2019] KEHC 122 (KLR)
✦ The court finds and holds that a prima facie case has been established against Michael Nakuti, Shadrack Mitsela, and Brydon Vwamu. They shall be placed on their defence. The court enters a verdict of not guilty against Harrison Kimani.
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David Ndiritu Gathungu & another v Chase Bank (Kenya) Limited (In Receivership) & 2 others [2019] KEHC 11982 (KLR)
✦ The application is incompetent and/or fatally defective, and is struck out with no orders as to costs.
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Isaac Mugo & 13 others v Fred Okengo Matiang'i & 2 others ; Independent Electoral And Bou[ndary Commission Of Kenya (1st Interested Party) & 18 others [2019] KEHC 1996 (KLR)
✦ The court finds that the Applicants have not demonstrated the nature and relevance of the information they claim to possess, and thus, they are not joined as Interested Parties.
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Classic Foods Limited v Desley Holdings Kenya Limited [2019] KEHC 2317 (KLR)
✦ The Defendant's defence is struck out for filing out of time without leave of court as provided under Order 7 Rule 1 CPR 2010. Judgment is entered for the Plaintiff for refund of USD 162,500 with interest and costs.
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A.O. Basid Limited v Synergy Industrial Credit Limited [2019] KEHC 12399 (KLR)
✦ The court held that a dispute as to the amount owing between a borrower and a financier cannot be a ground for issuance of an injunction order.
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Alfred Chivatsi Chai & another v Cecilia Tabu Kitsao [2019] KEHC 2087 (KLR)
✦ The respondent discharged the burden of proof to establish the imposed liability on the appellant by their fault of operating the motorcycle through the employee or servant or agent on the fateful day of the accident.
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Kenya Women Microfinance Bank Limited v Ruth Ndunge Mutulu & another [2019] KEHC 2099 (KLR)
✦ The court held that the trial court erred in granting the conditional release of the vehicle and in considering extraneous matters.