Kenyan case law
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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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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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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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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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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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Ojwang v Okwalo & another (Civil Case 12 of 2004) [2022] KEHC 15533 (KLR) (16 November 2022) (Ruling)
✦ The application to substitute the deceased plaintiff is allowed
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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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Shanghavi & another v Republic (Criminal Revision E200 of 2022) [2022] KEHC 15380 (KLR) (Crim) (16 November 2022) (Ruling)
✦ The court did not revise the ruling and/or terms of the trial court for the release of the applicants' passports.
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Republic v Ndathi & 5 others (Criminal Case 23 of 2019) [2022] KEHC 15526 (KLR) (16 November 2022) (Ruling)
✦ The accused persons have a case to answer and are put on their defence.
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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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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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In re Estate of Benjamin Mwangi Mwaganu (Deceased) (Probate & Administration Appeal 1 of 2017) [2022] KEHC 15566 (KLR) (16 November 2022) (Judgment)
✦ The appeal is allowed, the trial court's judgment is set aside, and the estate is distributed as per the will
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Mongare & 2 others v Republic (Criminal Revision E009, E011 & E012 of 2022 (Consolidated)) [2022] KEHC 15960 (KLR) (16 November 2022) (Ruling)
✦ The High Court orders that the remand time of 2 years and 11 months be reduced to 2 years, taking into account the delay caused by the applicants.
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In re Estate of Hesbon Onyuro (Deceased) (Succession Cause 888 of 2013) [2022] KEHC 15535 (KLR) (16 November 2022) (Ruling)
✦ The grant of representation (probate) to Amos Okeyo Odago is confirmed. A certificate of confirmation will be issued forthwith, and the estate will be fully distributed and administered within the next 6 months.
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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.
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Dreamline Express Ltd v Mungai (Civil Appeal E138 of 2022) [2022] KEHC 15397 (KLR) (15 November 2022) (Ruling)
✦ The court allowed the application for stay of execution but denied the extension of time to file the appeal.
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Tumaz & Tumaz Enterprises Limited & 2 others v San Elecricals Limited (Civil Appeal E068 of 2022) [2022] KEHC 15485 (KLR) (15 November 2022) (Ruling)
✦ The court grants the application and orders a stay of further proceedings in Kisumu CMCC no. 457 of 2018 San Electricals Limited vs Tumaz and Tumaz Enterprises Limited & 2 others pending the hearing and determination of the appeal.
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Republic v Kibet (Criminal Case 11 of 2016) [2022] KEHC 15724 (KLR) (15 November 2022) (Judgment)
✦ The court found that the prosecution proved beyond reasonable doubt that the deceased died through strangulation. However, the court also found that the prosecution's circumstantial evidence was not sufficient to sustain a conviction.
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JWM v Republic (Criminal Appeal 49 of 2020) [2022] KEHC 15630 (KLR) (Crim) (15 November 2022) (Judgment)
✦ The court found that the appellant was 17 years old at the time of the commission of the offence, and the trial was conducted in accordance with the Constitution and the law in respect of the rights of a child.
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Egesimba & another v Republic (Miscellaneous Criminal Application 237 of 2021) [2022] KEHC 16297 (KLR) (Crim) (15 November 2022) (Ruling)
✦ This court is functus ocio and hence bereft of jurisdiction to review the sentence.
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Yusuf v Bahati (Civil Appeal E015 of 2020) [2022] KEHC 15559 (KLR) (15 November 2022) (Judgment)
✦ The appeal succeeds in its entirety and the amount of Kshs. 575,000 held in the joint interest account together with interests be released to the appellant.
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Kenya Reinsurance Corporation Limited v Omar (Civil Case 279 of 2001) [2022] KEHC 15498 (KLR) (15 November 2022) (Ruling)
✦ The court grants a vesting order vesting the property in the defendant and orders the land registrar to register the vesting order.
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Barclays Bank (K) Ltd v Ojwang & 2 others (Civil Appeal 10 of 2020) [2022] KEHC 15489 (KLR) (15 November 2022) (Judgment)
✦ The court found that the 1st respondent did not prove his claim of unlawful arrest/false imprisonment and malicious prosecution, and thus, the judgment and award were upheld.
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Kigen v Director of Public Prosecutions & 2 others (Constitutional Petition E005 of 2022) [2022] KEHC 15396 (KLR) (15 November 2022) (Judgment)
✦ The court declared that the maintenance and prosecution of the Petitioner in the Iten Chief Magistrates Court Criminal Case No. E068 A/2022 is an abuse of the Criminal Justice System, oppressive, malicious, abuse of the process of the Court, and a contravention of the Petitioner's Constitutional rights to freedom and security of the person and the right to secure protection of law.
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Ahmed & 3 others v Guardian Bank Ltd (being the succession of First National Finance Bank Ltd (Civil Case 1129 of 1997) [2022] KEHC 16257 (KLR) (Commercial and Tax) (15 November 2022) (Ruling)
✦ The Plaintiffs are not entitled to the extension of time due to an inordinate and unexplained delay and lack of merit in their appeal.