Kenyan case law
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Accounting Officer, Kenya National Highways Authority & another v Public Procurement Administrative Review Board; Roads and Civil Engineering; Contractors Association (Raceca) & another (Interested Parties) [2020] KEHC 2324 (KLR)
✦ The Notice of Motion dated 25th April 2019 is hereby marked as withdrawn, and the case is accordingly closed. Each party shall meet their respective costs of the suit.
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Alexander Wanyaga Were v Republic [2020] KEHC 2038 (KLR)
✦ The application is allowed; the applicant is set free unless lawfully held and shall serve a probation period of one year under the relevant probation officer.
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Captain Motorcycle Manufacturing Co Ltd v James Maxwell Okiri Mochache & another [2020] KEHC 2194 (KLR)
✦ The appeal is allowed, and the appellant is not liable for the 2nd respondent's acts of negligence.
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Musa Bandari & 2 others v Kenya Railways Corporation & 3 others [2020] KEHC 2492 (KLR)
✦ The court finds that the petition meets the threshold laid out in the Trusted Society of Human Rights Alliance (supra) and that the petitioners have not discharged the burden of proof.
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Emily Njoki Kiringa v Republic [2020] KEHC 1895 (KLR)
✦ The application is lacking in merit and is hereby dismissed. The trial court did not err in imposing the custodial term of five (5) years imprisonment.
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Boniface Gichira Kaburu v Republic [2020] KEHC 2294 (KLR)
✦ The court upheld the sentence as it was within the range provided by the law and aimed at protecting the public during the pandemic.
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Vishnu Builders & Developers Limited v Maow Holdings Limited [2020] KEHC 2341 (KLR)
✦ The application is allowed, and the chamber summons dated 24th June, 2020 is dismissed.
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Bancy Mwitia v Republic [2020] KEHC 1886 (KLR)
✦ The court finds no good reason that warrants the interference with the sentence imposed and affirms the sentence.
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Kenya National Highway Authority v Zenith Steel Fabricators Limited & another [2020] KEHC 2319 (KLR)
✦ The appeal is reinstated, and the appellant is granted an opportunity to prosecute its appeal on merit.
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Moses Wanjalal Lupao v Republic [2020] KEHC 2438 (KLR)
✦ The court does not find any fault with the ruling of the lower court and refuses the application for revision.
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Migori Teachers Co-operative Saving & Credit Society Limited v MSL Savings & Credit Co-operative Society Ltd; Co-op Holding Co-operative Society Ltd (Interested Party) [2020] KEHC 2249 (KLR)
✦ The application should succeed and there shall be a stay of execution in terms of prayer 3 of the Notice of Motion provided that the applicant shall file a bank guarantee for any decree and costs that may be declared against it, limited to Kshs. 15,000,000/= (fifteen million). This has to be filed within 30 days from the date of this ruling.
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Abdi Adan Issack Samow & 2 others v Republic [2020] KEHC 34 (KLR)
✦ The death sentence is set aside and replaced with prison sentences: 12 years for the 1st appellant, 20 years for the 2nd appellant, and 10 years for the 3rd appellant.
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Total Kenya Limited v Kenya Revenue Authority; Barclays Bank of Kenya Limited, Co-operative Bank of Kenya Limited & Citi Bank N.A. Bank Limited (Interested Parties) (Petition 474 of 2019) [2020] KEHC 10305 (KLR) (Constitutional and Human Rights) (15 October 2020) (Judgment)
✦ The Court has jurisdiction to hear and determine the petition. The Respondent failed to make a decision on the Petitioner's notice of objection within the stipulated time, making the Respondent's actions procedurally unfair and subject to review by the Court.
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Morgan Kiplimo Wananda v Republic [2020] KEHC 2088 (KLR)
✦ The death sentence is set aside and replaced with a custodial sentence of 12 years
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Matunda (Fruits) Bus Service Ltd & another v Vincent Agik Omodi & another [2020] KEHC 1930 (KLR)
✦ The applicants are granted leave to file a Memorandum of Appeal and are granted a stay of execution pending hearing and determination of the intended appeals.
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Elias Kibathi v Attorney General [2020] KEHC 10312 (KLR)
✦ Petitioner's petition is dismissed as the impugned provisions of the Act are constitutional.
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Republic v Josphat Monari Omosa [2020] KEHC 2369 (KLR)
✦ The accused is found guilty of murder.
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Republic v Mary Wangoi Waweru [2020] KEHC 1663 (KLR)
✦ The court found that the prosecution had not established the elements of murder beyond reasonable doubt and acquitted the accused
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In re Estate of Mugwika Rimberia (Deceased) [2020] KEHC 93 (KLR)
✦ Application for revocation is dismissed
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Mboe Sambu Resources Ltd v Stephen Samwel Paino & another [2020] KEHC 2398 (KLR)
✦ The delay is excusable and no grave injustice will be caused to the defendant. The application is dismissed with costs ordered to be costs in cause.
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Republic v Ann Karimi [2020] KEHC 325 (KLR)
✦ The court found that the prosecution did not prove the offence of murder beyond reasonable doubt.
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Emmanuel Wawole Mochawa v Harun Kariuki Kamande [2020] KEHC 2248 (KLR)
✦ The Court finds that the Limited Grant of Letters of Administration Ad Colligenda Bona did not give the Plaintiff the power to institute the suit, and the suit will be struck out.
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Edward Ikinya Maina v Aeronautical Society of Kenya & another [2020] KEHC 2342 (KLR)
✦ The defendants' letter did not constitute libel or injurious falsehoods.
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Diana Maisie Osano Odero t/a Odero & Associates Advocates v Dawid Abdulrahman And Saad Migdad t/a Abudulrahman Saad & Company Advocates & another [2020] KEHC 10192 (KLR)
✦ The court orders the defendants to pay the outstanding balance of Kshs 40.5 million and interest at 10% per month, and restrains the second defendant from charging, transferring, mortgaging, or dealing with the property until the defendants comply with the judgment.
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In re Estate of the Late Mathenge Watheya (Deceased) [2020] KEHC 1775 (KLR)
✦ The applicant is found to have no 'locus standi' and the application for revocation of the grant is found to be premature and incompetent.