Kenyan case law
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Kangethe v Republic (Criminal Revision E124 of 2022) [2022] KEHC 15872 (KLR) (17 November 2022) (Ruling)
✦ The applicant's sentence is lawful, legal, and proper and does not fall under the purview of revisionary power of the court.
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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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Mbargig v Republic (Criminal Appeal 91 of 2018) [2022] KEHC 15629 (KLR) (Crim) (17 November 2022) (Judgment)
✦ The appeal was dismissed. The conviction and sentence were upheld.
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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 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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James v Mwangi (Civil Appeal 54 of 2019) [2022] KEHC 15701 (KLR) (17 November 2022) (Judgment)
✦ The appeal is allowed, and liability is apportioned at 40:60 between the appellant and the third party.
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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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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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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.
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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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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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Mukwana v Mulilu & another (Suing as the legal representatives of the estate of the late Johnson Mulilu Shiangalangwa) (Civil Appeal 137 of 2018) [2022] KEHC 15497 (KLR) (Civ) (17 November 2022) (Judgment)
✦ The Appellant is not liable for the accident and the judgment of the trial court is set aside
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Kattam v Republic (Criminal Revision E018 of 2021) [2022] KEHC 15356 (KLR) (16 November 2022) (Ruling)
✦ The court found no significant error of principle, law, or policy in the trial court's decision and denied the application for revision.
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Republic v District Land Registrar Uasin Gishu thro' Attorney General; Rasawo & 4 others (Interested Parties); Kibet & another (Exparte) (Judicial Review Application 38 of 2011) [2022] KEHC 15402 (KLR) (16 November 2022) (Ruling)
✦ The application is dismissed with costs as the applicant has failed to demonstrate substantial loss, unreasonable delay, and provide security for the decretal amount.
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In re Estate of Jared Odhiambo K’obungah (Deceased) (Succession Cause 217 of 2006) [2022] KEHC 15457 (KLR) (16 November 2022) (Ruling)
✦ The application is partially allowed, with the 1,283 shares held by the deceased at Standard Chartered Bank and unpaid dividends included as part of the estate's assets and distributed equally among the beneficiaries.
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Kiarie v Wanjiru & another (Both suing as legal representatives of the Estate of Daniel Waweru Nduati) (Civil Appeal 24 of 2020) [2022] KEHC 15592 (KLR) (16 November 2022) (Judgment)
✦ The Appellant's liability is reduced to 50% and the award of damages is revised.
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Republic v Njore (Criminal Case 14 of 2018) [2022] KEHC 15589 (KLR) (16 November 2022) (Sentence)
✦ The court sentences Njore to a probation term of three years during which he shall undergo rehabilitation and reintegration into society.
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Kishoyian v Kishayian & another (Petition E002 of 2022) [2022] KEHC 15403 (KLR) (16 November 2022) (Ruling)
✦ The court finds the respondents in contempt and orders them to surrender the original title deed and resultant title deed of the matrimonial land, and to appear before the court.
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Nyangweso v Senior Resident Magistrate (Busia); Barasa & 2 others (Interested Parties) (Judicial Review 4 of 2021) [2022] KEHC 15421 (KLR) (16 November 2022) (Ruling)
✦ The application is dismissed with costs to the respondent and the second interested party.
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Kiplagat v Republic (Criminal Revision E209 of 2022) [2022] KEHC 15357 (KLR) (16 November 2022) (Ruling)
✦ The learned Magistrate erred both in law and fact by meting out an illegal sentence
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Standard Group Limited & 2 others v Okisai & another (Civil Appeal 19 of 2020) [2022] KEHC 15784 (KLR) (16 November 2022) (Ruling)
✦ The court sets aside the dismissal order and reinstates the appeal, giving the applicants the benefit of doubt and directing them to file their record of appeal within 45 days.
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Owiti, Otieno Ragot Advocates v Equator Bottlers Ltd (Miscellaneous Civil Cause E110 of 2021) [2022] KEHC 15536 (KLR) (16 November 2022) (Ruling)
✦ Judgment for the applicant in the sum of Kshs 415,796.02 as taxed and contained in the Certificate of Taxation dated September 30, 2021.
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Njue v Republic (Criminal Appeal E005 of 2022) [2022] KEHC 15511 (KLR) (16 November 2022) (Judgment)
✦ The appeal is dismissed. The conviction and sentence are upheld.
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Republic v Namwenya & another (Revision Case E089 of 2022) [2022] KEHC 15494 (KLR) (16 November 2022) (Ruling)
✦ The government analyst was an incompetent witness and the report was not a legal document.
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Ogaro & another v Olang' (Civil Appeal 122 of 2019) [2022] KEHC 15465 (KLR) (16 November 2022) (Judgment)
✦ The Court of Appeal upheld the trial court's assessment of general damages of Kshs. 500,000 to the respondent.