Kenyan case law
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In re Estate of Karasinka Ole Samuria (Deceased) [2020] KEHC 10237 (KLR)
✦ The application succeeds with no orders as to costs.
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Mariam Mathias Mwasi v Rama Adam [2020] KEHC 1268 (KLR)
✦ The court dismissed the appeal and cross-appeal, striking out the memorandum of appeal and dismissing the cross-appeal without costs.
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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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RWM v JNK [2020] KEHC 2362 (KLR)
✦ Subject has a mental disorder and is unable to manage her affairs. Petitioner is appointed as guardian and manager of her estate and affairs. Petitioner is authorised to sign documents on her behalf and manage the estate.
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Josphat Kimutai v Republic [2020] KEHC 2389 (KLR)
✦ The appeal is dismissed, and the convictions are amended. The sentence for stealing a motor cycle is reduced to four years, and the sentence for stealing a mobile phone is reduced to two years, to be served concurrently.
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Sang v Director of Public Prosecutions & 4 others (Petition 19 of 2020) [2020] KEHC 2370 (KLR) (22 October 2020) (Ruling)
✦ The Court found that the removal of the Petitioner was unconstitutional and illegal, and that the 2nd Respondent's attempt to levy charges without the 1st Respondent's consent was null and void.
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Edward Keke Agawa v Republic [2020] KEHC 1778 (KLR)
✦ The appellant's conviction was proper and sound, and the sentence imposed was lawful.
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Bedrock Holdings Limited v Bedrock Security Services Limited & 2 others [2020] KEHC 2401 (KLR)
✦ The Chamber Summons is dismissed as it is without merit.
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Rovin Investments Ltd v Edward Mumo Kyaka [2020] KEHC 2020 (KLR)
✦ The award on quantum is set aside, and an award of general damages is made in favor of the Plaintiff for Kshs 900,000.
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Eliud Mburu Gitau v Republic [2020] KEHC 2382 (KLR)
✦ The conviction and death sentence are set aside. The appellant is sentenced to serve ten (10) years imprisonment.
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Assets Recovery Agency v Samuel Wachenje & 6 others; Grace Akinyi (Aggrieved Party) [2020] KEHC 2027 (KLR)
✦ The orders issued on 23rd July 2020 are hereby varied to exclude motor vehicle registration number KCB 715E registered in the name of the Aggrieved Party from the forfeiture orders.
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In re Estate of the Late Mary Nangila Mulongo - (Deceased) [2020] KEHC 112 (KLR)
✦ The application for revocation of grant of probate will be heard by way of oral evidence.
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Republic v Tititi Ole Potot & another [2020] KEHC 2276 (KLR)
✦ The court finds a prima facie case has been made against both accused to require them to be put on their defence.
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Endavour Instrument Africa Ltd v Peter Mong’ale Nzanga & another [2020] KEHC 2229 (KLR)
✦ The court finds merit in the application and grants a conditional stay of execution pending the determination of the appeal, with the Appellant/Applicant paying half the decretal amount to the Respondents and depositing the other half in a joint interest earning account.
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David Wabweni Wafula & another v SBM Bank Ltd & another [2020] KEHC 2157 (KLR)
✦ The court dismisses the application for temporary injunction as the plaintiffs lack locus standi and the absence of the chargor complicates the matter.
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Matfam Ltd & 2 others v Jared Moranga (Suing as the Adminisrator of the Estate of the late Neelson Abed Onwonga) [2020] KEHC 2345 (KLR)
✦ The court finds that the applicants have not demonstrated that they are able and willing to provide security for the due performance of the obligation that the court might ultimately find binding upon them. The court also finds that the provisions of Order 40 (1) of the Civil Procedure Rules are not applicable in the instant application.
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Nganga v Higher Education Loans Board & 2 others (Constitutional Petition 91 of 2019) [2020] KEHC 10495 (KLR) (Constitutional and Human Rights) (21 October 2020) (Ruling)
✦ Order a stay of execution of the judgment delivered herein on 15/10/2020 and all other orders consequential therefrom pending the hearing and determination of the appeal
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Bedrock Security Services Limited v Bedrock Holdings Limited [2020] KEHC 2399 (KLR)
✦ The Respondent was the successful party and was entitled to its full costs. The Applicant's challenge to the Taxing Master's decision is dismissed.
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Rashid Yusuf Wanjala & another v Republic [2020] KEHC 2418 (KLR)
✦ The convictions and sentences are set aside due to insufficient evidence and the lack of reliable direct or circumstantial evidence connecting the appellants with the robbery.
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In re Estate of Reuben Walter Muvya Muiu (Deceased) [2020] KEHC 2407 (KLR)
✦ The court finds no error apparent on the face of the record and dismisses the application.
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Republic v Silas M’mwika Ntongaruni [2020] KEHC 2211 (KLR)
✦ The accused is found guilty of murder.
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Kenya Nut Co. Ltd v David Wafula Wechili [2020] KEHC 2065 (KLR)
✦ The appeal is successful, and the judgment of the lower court is set aside. The award for general damages is reduced to Kshs 80,000, taking into account inflation.
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Beatrice Nabwile Maelo (Suing as the legal representative of the estate of the late Godfrey Barasa Syangu) v Khetia Drapers Limited [2020] KEHC 2101 (KLR)
✦ The court dismissed the suit for the reason that the same was not proved on a balance of probabilities.
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In re Estate of Asha Ali (Deceased) [2020] KEHC 2161 (KLR)
✦ Petitioner's application for adjournment is granted
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Dari Limited, Raphael Tuju, Mano Tuju, Alma Tuju, Yma Tuju & S.A.M Company Limited v East African Development Bank, Muniu Thoithi & George Weru (Civil Suit E469 of 2019) [2020] KEHC 10199 (KLR) (Commercial and Tax) (21 October 2020) (Ruling)
✦ The application is dismissed with costs to the defendants.