Kenyan case law
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LG Menezes & Company Advocates v Xplico Insurance Company Limited [2020] KEHC 2505 (KLR)
✦ Judgment for the Applicant/Advocate in the sum of Kshs. 209,469.10 together with interest at 14% p.a. from 7/12/2019 until full payment in full.
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In re Estate of Hosea Sakwa Silunya (Deceased) [2020] KEHC 2562 (KLR)
✦ The application is allowed. The grant is partially confirmed for the sale of specific properties and equal distribution of proceeds. The respondents are found guilty of intermeddling and are removed as administrators, but allowed to continue participating in the administration of the estate.
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Republic v Anthony Kyalo Ndaka & another [2020] KEHC 2518 (KLR)
✦ The court found the prosecution failed to prove the accused's guilt beyond reasonable doubt.
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Okumu Constance & another v Annah Moraa [2020] KEHC 2416 (KLR)
✦ An order of stay of execution is hereby issued in favour of the applicants on condition that they deposit the decretal sum of money in a joint interesting earning account within 30 days.
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BM v Republic [2020] KEHC 2498 (KLR)
✦ The appeal is dismissed as lacking merit. The trial court’s decision to decline to recall the witness was based on sound legal principles and did not violate the appellant’s right to fair hearing.
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Republic v Oloishiro Ole Keiwa & another [2020] KEHC 2447 (KLR)
✦ A prima facie case has been made against both accused.
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Samuel Amoka Nyawanda v Republic [2020] KEHC 2368 (KLR)
✦ The court sets aside the sentence of life imprisonment and sentences the appellant to 10 years imprisonment.
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Julius Mathew v Republic [2020] KEHC 2497 (KLR)
✦ The court dismisses the application for bail pending appeal as the appellant has not shown his appeal has high chances of success and there are no exceptional circumstances on which bail should be granted.
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David Oscar Owako v National Bank of Kenya Limited [2020] KEHC 2488 (KLR)
✦ The application for a stay is dismissed with costs to the Defendant/Respondent
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Samuel Amoka Nyawanda v Republic [2020] KEHC 2509 (KLR)
✦ The sentence of life imprisonment is set aside and the appellant is sentenced to 10 years imprisonment.
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Moses Kithinji v Mohammed Abdi Kuti [2020] KEHC 1384 (KLR)
✦ The court will determine the jurisdiction of the High Court to hear the petition.
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Republic v Leonard Kamanga Kamau [2020] KEHC 2532 (KLR)
✦ The court allows the application for bail and orders the accused to be released on a bond of Kshs. 500,000 with one surety of similar amount, or alternatively, cash bail of Kshs. 250,000 with two sureties of similar amount, and to report to the officer commanding police station at the place where his father resides once after every 30 days until further orders.
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Kevin Moriasi Ondieki v Republic [2020] KEHC 2373 (KLR)
✦ The conviction is quashed and the sentence is set aside. The appellant is set at liberty.
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Charles Wesonga Mbingi v Bernard Odhiambo Omusi [2020] KEHC 2486 (KLR)
✦ The appeal is disallowed with costs to the 1st Respondent.
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Republic v Energyand Petroleum Regulatory Authority & 2 others Ex Parte Applicant; Ocean Gas Limited [2020] KEHC 2282 (KLR)
✦ The Court granted the application and ordered the parties to file their pleadings and submissions electronically and to be heard on December 14, 2020.
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Terrazzo Enterprises Limitied v Pavement Club and Café, Blue Elephant Limited & Shailesh Patel; Jaimini Patel, Seema Patel, Arthur Mildov & Vadim Mildov (Interested Partiess) (Civil Case 568 of 2008) [2020] KEHC 10238 (KLR) (Commercial and Tax) (14 October 2020) (Ruling)
✦ The application for review is dismissed with costs to the plaintiff
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Republic v Susan Sein Parakuo [2020] KEHC 2434 (KLR)
✦ The magisterial order dated 8/11/2019 is hereby quashed, and the Kenya Forest Service is free to start forfeiture proceedings if the driver of the offending motor vehicle is not arrested within a reasonable time. The contempt proceedings filed by the applicant are set aside.
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JMK v Republic [2020] KEHC 10185 (KLR)
✦ The conviction for rape is upheld, but the sentence is remitted to the trial court for reconsideration.
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Michael Opany Oduor v Republic [2020] KEHC 2469 (KLR)
✦ Application for sentence review is an abuse of court process and is dismissed.
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David Nyakengo Nyakwama & another v Kenya Tea Development Agency Ltd & 2 others [2020] KEHC 2425 (KLR)
✦ The court dismisses the application and orders it to be dismissed with costs to the 3rd respondent.
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Republic v Capital Markets Authority; Ex Parte Munir Sheikh Ahmed [2020] KEHC 2318 (KLR)
✦ The Notice of Motion application is certified urgent and the hearing is scheduled for 10th November 2020 at 10:30am via video link by the incoming Judge.
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In re Estate of Peter Okola Ochieng (Deceased) [2020] KEHC 2533 (KLR)
✦ The deceased's only free estate (LR. NO. KISUMU/KORU/1277) was not to be distributed among the Petitioners and their children. The land was to be registered in the name of the deceased's biological daughter, Rosedalima Akwiri Ndong’.
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L.G. Menezes & Company Advocates v Xplico Insurance Company Limited (Miscellaneous Civil Case 26 of 2019) [2020] KEHC 2494 (KLR) (14 October 2020) (Ruling)
✦ Judgment for the Advocate/Applicant in the sum of Kshs. 140,423 as per the Certificate of Costs dated 18/2/2020, with interest at 14% per annum from 7/12/2019 till payment in full.
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Kisii County Government v Bonface Nyamache Orwochi [2020] KEHC 2427 (KLR)
✦ The appeal is allowed to the extent that the judgment on general damages is set aside and substituted with Kshs 150,000.
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Michael Ashene Omido v Republic [2020] KEHC 2000 (KLR)
✦ The application is dismissed in its entirety as it is an abuse of the court process and the applicant has no legal basis to approach the High Court for re-sentencing.