Kenyan case law
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Kibet v Republic (Criminal Appeal E101 of 2021) [2022] KEHC 17118 (KLR) (17 November 2022) (Judgment)
✦ The appeal is wholly disallowed and dismissed.
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Mauwa & Company Associates v Nyamiobo (Miscellaneous Application E019 of 2020) [2022] KEHC 15534 (KLR) (17 November 2022) (Ruling)
✦ The application is allowed, and judgment in favor of the applicant/advocate is entered in terms of the certificated of taxation dated May 13, 2021, in the sum of Kshs 164,168/=.
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Kihara & another v Mutuku (Civil Appeal 27 of 2018) [2022] KEHC 15626 (KLR) (17 November 2022) (Judgment)
✦ The appeal is dismissed, and the cross appeal succeeds only in respect of the award of damages for future medical expenses in the amount of KShs 120,000.
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Ochoki v Republic (Criminal Appeal E067 of 2021) [2022] KEHC 15349 (KLR) (17 November 2022) (Judgment)
✦ The court set aside the sentence and sentenced the appellant to the period already served, setting him at liberty.
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Kihara & another v Mwangangi (Civil Appeal 33 of 2018) [2022] KEHC 15625 (KLR) (17 November 2022) (Judgment)
✦ The appeal is successful to the extent that the award of damages is reduced from Kshs 600,000 to Kshs 500,000.
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In re Estate of Muraguri Ndaiga Wairindi alias Kageni Ndaiga (Deceased) (Miscellaneous Application 1 of 2016) [2022] KEHC 15382 (KLR) (17 November 2022) (Ruling)
✦ The grant was obtained through fraud and the 2nd applicant is the rightful heir to the deceased's estate.
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Kihara & another v Chebon (Civil Appeal 35 of 2018) [2022] KEHC 15667 (KLR) (17 November 2022) (Judgment)
✦ The appeal is partially successful, with the award of general damages, future medical expenses, and special damages reduced.
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Biomedical Labaratories Limited v Onyango (Suing as the legal representatives of the Estate of the Late Felix Healon Omondi (Deceased) & 2 others (Civil Appeal 250 of 2018) [2022] KEHC 15515 (KLR) (Civ) (17 November 2022) (Judgment)
✦ The court dismissed the appeal, finding that the Appellant's motion for review was not a proper motion for review and that the lower court properly rejected the motion for review.
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Republic v Kenya Medical Supplies Authority & 2 others; Nairobi Enterprises Limited (Exparte); Medox Pharmaceuticals Limited (Interested Party) (Judicial Review Application 313 of 2017) [2022] KEHC 15528 (KLR) (Judicial Review) (17 November 2022) (Ruling)
✦ The order of stay pending appeal is dismissed
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PWK v EWK (Miscellaneous Cause E171 of 2021) [2022] KEHC 15348 (KLR) (Family) (17 November 2022) (Ruling)
✦ The application is misconceived as the court's jurisdiction to hear and determine it has not been properly invoked. The motion is struck out with costs.
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Kigongo v Republic (Criminal Appeal E017 of 2021) [2022] KEHC 15469 (KLR) (17 November 2022) (Judgment)
✦ The appeal is upheld, and the conviction and sentence are set aside.
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Republic v Sub-County Criminal Investigations Kilimani Police Station (SCCIO) & 2 others; Abdalla (Exparte); National Police Service Internal Affairs Unit & another (Interested Parties) (Miscellaneous Civil Application E148 of 2022) [2022] KEHC 15527 (KLR) (Judicial Review) (17 November 2022) (Ruling)
✦ The court finds that the prayer for an interim order of stay is not available to the applicant at this stage due to the irregularity of advancing the arguments for an interim order of stay before leave was granted.
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Ndungu v Waweru (Suing as the legal Representative of the Estate of Wilson Wainaina Kairu)) (Miscellaneous Civil Application 054 of 2022) [2022] KEHC 15346 (KLR) (17 November 2022) (Ruling)
✦ The court grants the applicant leave to appeal out of time and orders a stay of execution pending the appeal.
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Njue v Ondieki (Civil Appeal E006 of 2022) [2022] KEHC 15690 (KLR) (17 November 2022) (Ruling)
✦ The application for stay of execution is allowed
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Republic v Wangui (Criminal Case E40 of 2019) [2022] KEHC 15694 (KLR) (17 November 2022) (Ruling)
✦ The court allows the accused's application for bond, releasing her on a Kshs 500,000 bond with a surety of a similar amount.
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The Standard Group Limited t/a Kenya Television Network & 2 others v Keitany (Civil Appeal 187 of 2020) [2022] KEHC 15514 (KLR) (Civ) (17 November 2022) (Ruling)
✦ The consent order cannot be set aside and the motions cannot be reinstated for hearing.
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In re Estate of Richard Odwako Olunga (Deceased) (Succession Cause 383 of 2011) [2022] KEHC 15426 (KLR) (17 November 2022) (Ruling)
✦ The protest is without merit and the impugned summons for confirmation of grant dated April 27, 2021 is hereby allowed.
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Republic v Morara (Criminal Case E057 of 2021) [2022] KEHC 15673 (KLR) (17 November 2022) (Ruling)
✦ The bail application is dismissed and the accused is to remain in custody until the conclusion of the case.
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In re the Estate of Abdy Aweel Dahir Esmail (Deceased) (Matrimonial Cause E086 of 2021) [2022] KEHC 15388 (KLR) (Family) (17 November 2022) (Ruling)
✦ The objection to the application is sustained, and the present application and originating summons are stayed to await the decision of the Kadhi's Court over the dispute.
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Manabo Holdings LLP v Capital Markets Authority (Miscellaneous Civil Application E078 of 2022) [2022] KEHC 15492 (KLR) (Judicial Review) (17 November 2022) (Ruling)
✦ The application for stay was dismissed due to the delay of 2 years and the public interest outweighing the applicant's concerns.
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JTM v RGA (Civil Case 43 of 2016) [2022] KEHC 15385 (KLR) (Family) (17 November 2022) (Ruling)
✦ The ex parte order is set aside, and the application is reinstated for hearing.
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Ithuku v Republic (Criminal Appeal 31 of 2016) [2022] KEHC 18077 (KLR) (17 November 2022) (Judgment)
✦ The conviction is upheld, and the sentence of life imprisonment is set aside in favor of a 30-year sentence.
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Republic v Merama (Criminal Case E003 of 2021) [2022] KEHC 15419 (KLR) (17 November 2022) (Judgment)
✦ The accused is found guilty of murder contrary to Section 203 of the Penal Code
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Kihara & another v Namaswa (Civil Appeal 34 of 2018) [2022] KEHC 15613 (KLR) (17 November 2022) (Judgment)
✦ The trial court's decision on general damages and future medical expenses is upheld, while the award of special damages is affirmed.
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Republic v Daddy & 3 others (Criminal Case 69 of 2012) [2022] KEHC 15586 (KLR) (Crim) (17 November 2022) (Judgment)
✦ The court found and held that the prosecution proved all the elements of the charge of murder against all the accused persons and convicted them for the murder of FNN on the night of 28th/August 29, 2012.