Kenyan case law
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Gakuru v Wangungu & 2 others (Civil Appeal 1 of 2021) [2022] KEHC 15500 (KLR) (18 November 2022) (Judgment)
✦ The court finds that the Appellant did not adduce sufficient evidence to prove on a balance of probabilities that the 1st Respondent caused the accident.
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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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Kassam Hauliers Limited v Chepngeno (Civil Appeal 10 of 2020) [2022] KEHC 15427 (KLR) (18 November 2022) (Judgment)
✦ The appeal is upheld, and the judgment of the trial court is set aside. The appeal is dismissed.
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In re MF (Minor) (Adoption Cause E003 of 2022) [2022] KEHC 15499 (KLR) (18 November 2022) (Judgment)
✦ The application is allowed, and the child is authorized to be adopted by the applicants.
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In re Baby JKW (Adoption Cause E109 of 2022) [2022] KEHC 15850 (KLR) (Family) (18 November 2022) (Judgment)
✦ The court finds the applicant EWK to be a suitable adoptive parent and grants the adoption order.
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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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In re Estate of Late Felertinus Adimo Odero (Deceased) (Succession Cause 68 of 2022) [2022] KEHC 15549 (KLR) (18 November 2022) (Ruling)
✦ The court declines to transfer the case to Madiany law courts and directs the court at Bondo PM’s court to deal with the matter using the death certificate that does not match the deceased's names in the petition and land documents.
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Republic v County Secretary, County Government of Nyandarua & another; Framu Constructors Limited (Exparte) (Miscellaneous Civil Application E008 of 2022) [2022] KEHC 15521 (KLR) (18 November 2022) (Ruling)
✦ The court grants an order of mandamus compelling the County Secretary to pay the judgment debt and accrued interest.
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Ibrahim v Ministry of Health & 2 others; British American Tobacco (Interested Party) (Petition 307 of 2019) [2022] KEHC 15443 (KLR) (Constitutional and Human Rights) (18 November 2022) (Judgment)
✦ The court found that the petitioner's central contention regarding the legality of the production, manufacture, distribution, management, dissemination, control, consumption, and use of tobacco products in Kenya is not supported by the evidence.
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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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Mwavaka v Republic (Miscellaneous Criminal Application E097 of 2022) [2022] KEHC 15580 (KLR) (18 November 2022) (Ruling)
✦ The application is dismissed and the file is closed.
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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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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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Mwihaki v National Council for Law Reporting (Petition E394 of 2020) [2022] KEHC 15471 (KLR) (Constitutional and Human Rights) (18 November 2022) (Judgment)
✦ The court dismissed the petition as the petitioner failed to plead her case with reasonable precision and failed to demonstrate how the constitutional provisions were violated.
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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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Kidero & another v Independent Electoral and Boundaries Commission & 4 others (Election Petition E001 of 2022) [2022] KEHC 15547 (KLR) (18 November 2022) (Ruling)
✦ The request for recount and scrutiny was anchored on the right to access information held by the State. Scrutiny was an intensive exercise to examine electoral irregularities, malpractices, and misconduct.
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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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Olik v Republic (Miscellaneous Criminal Application E145 of 2022) [2022] KEHC 15647 (KLR) (18 November 2022) (Ruling)
✦ The application for leave to file appeal out of time is dismissed and the file is closed.
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Bonde v Director of Immigration Services & 2 others (Petition 469 of 2017) [2022] KEHC 15460 (KLR) (Civ) (18 November 2022) (Ruling)
✦ The court found that the petitioner has established the threshold for contempt of court proceedings and ordered the 1st respondent to reconsider the petitioner's application for renewal of the permit in accordance with the law.
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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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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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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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AS (Minor, Suing thorough next Friend) LK v Principal, KHS & 2 others (Constitutional Petition 360 of 2019) [2022] KEHC 15480 (KLR) (Constitutional and Human Rights) (18 November 2022) (Judgment)
✦ The court found that the petitioner's suspension was not indefinite and that the respondents handled the matter according to the laid down process.
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In re Estate of Adam Chebelieny Kibosia (Deceased) (Succession Cause 129 of 2019) [2022] KEHC 15468 (KLR) (17 November 2022) (Ruling)
✦ The court allows the application and issues an amended certificate of confirmation of grant.
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In re Estate of Mary Mugure Karari (Deceased) (Succession Cause 14 of 2018) [2022] KEHC 15676 (KLR) (17 November 2022) (Judgment)
✦ The estate of the deceased comprises LR No 76/176 Kiambu Township and LR No 76/666 Kiambu Municipality, which are to be distributed equally among the children of the deceased.