Kenyan case law
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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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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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Ndingu’ri v Sensei Institute of Technology Limited (Civil Appeal E041 of 2021) [2022] KEHC 15425 (KLR) (17 November 2022) (Judgment)
✦ The court affirmed the apportionment of liability at 50:50, affirmed the award of general damages, and reduced the award for pain and suffering. The court also affirmed the decision to decline damages for diminished earning capacity and declined to make an award for breach of contract.
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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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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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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 Situma (Civil Appeal 36 of 2018) [2022] KEHC 15666 (KLR) (17 November 2022) (Judgment)
✦ The award of general damages is set aside and substituted for an award of Kshs 1,300,000/-
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In re Estate of George Francis Waita (Deceased) (Succession Cause 76 of 2012) [2022] KEHC 15966 (KLR) (17 November 2022) (Ruling)
✦ The court upheld the grant of representation and rejected the revocation applications.
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In re Estate of Charles Muritu Gacheru (Deceased) (Succession Cause 25 of 2016) [2022] KEHC 15758 (KLR) (17 November 2022) (Ruling)
✦ The court allows the substitution of James Mbugua Muritu and Evans Njenga Muritu as administrators of the estate of the deceased. The court also orders the distribution of the estate as per the specified parcels.
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ABM v SWO (Civil Appeal E131 of 2021) [2022] KEHC 15350 (KLR) (Family) (17 November 2022) (Judgment)
✦ The appeal is allowed, and the application is remitted for rehearing before another magistrate in the children court at Nairobi.
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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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Republic v Officer in Charge of Station, Karen Police Station & another; Isoe (Exparte) (Miscellaneous Application 9 of 2020) [2022] KEHC 15529 (KLR) (Judicial Review) (17 November 2022) (Ruling)
✦ The court ruled that the applicant was the successful party and costs shall follow the event unless the court for good reason states otherwise.
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Republic v Machua (Criminal Case E050 of 2021) [2022] KEHC 15703 (KLR) (17 November 2022) (Ruling)
✦ The court declines to review the denial of bond, as the court has not been shown that compelling reasons have not changed.
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Sanga v Republic (Criminal Appeal E082 of 2021) [2022] KEHC 17135 (KLR) (17 November 2022) (Judgment)
✦ The court upheld the sentence as it was not harsh and excessive, and the trial court considered relevant factors.
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In re Majestic Printing Works Limited (Insolvency Petition E010 of 2020) [2022] KEHC 16490 (KLR) (17 November 2022) (Ruling)
✦ The application is dismissed, and the costs are awarded to the petitioner.
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Nyamu & another v Nyamu (Succession Cause 2 of 2021) [2022] KEHC 15923 (KLR) (17 November 2022) (Ruling)
✦ The court declines the prayer for account and payment of rental income into the estate account and directs the petition to proceed for hearing of the objection to the grant by the application for revocation of grant dated January 12, 2021.
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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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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.
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Jumba v Republic (Criminal Appeal E058 of 2021) [2022] KEHC 17122 (KLR) (17 November 2022) (Judgment)
✦ The Appellant was not the perpetrator of the offence of delement and the trial court’s conviction and sentence were set aside.
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Co-operative Bank of Kenya Limited v Kimunya (Civil Appeal E059 of 2021) [2022] KEHC 15512 (KLR) (Civ) (17 November 2022) (Ruling)
✦ The court allows the appeal to proceed, declining to strike it out, and awards costs to the Respondent
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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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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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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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Sino Hydro Corporation Limited v Tumbo t/a Dominion Yards Auctioneers (Civil Appeal E105 of 2021) [2022] KEHC 15545 (KLR) (17 November 2022) (Ruling)
✦ The appeal is not competent due to procedural defects and the late filing
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Wambugu v Northwave Credit Limited & 2 others (Civil Appeal E710 of 2021) [2022] KEHC 15496 (KLR) (Civ) (17 November 2022) (Ruling)
✦ The motion for an injunction pending appeal is dismissed with costs.