Kenyan case law
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Republic v Osalo (Criminal Case 29 of 2020) [2022] KEHC 15339 (KLR) (15 November 2022) (Ruling)
✦ The court finds that the prosecution did not establish a prima facie case against the accused and therefore acquits him of the charge of murder.
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Ndungu v M’Ikiao & another (Civil Appeal 182 of 2019) [2022] KEHC 15753 (KLR) (15 November 2022) (Judgment)
✦ The court allows the appeal and sets aside the trial court's judgment, awarding Kshs 415,420 in special damages and costs to the appellant.
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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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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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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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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.
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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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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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Republic v Agiro & 3 others (Criminal Case 13 of 2020) [2022] KEHC 15399 (KLR) (15 November 2022) (Ruling)
✦ The court finds that the prosecution did not establish a prima facie case and therefore acquits each accused of murder.
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In re Estate of Paul Arwa Lala-Deceased (Succession Cause 71 of 2015) [2022] KEHC 15486 (KLR) (15 November 2022) (Judgment)
✦ The grant was not obtained fraudulently, and the court did not find the grant to be useless and inoperative.
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Mwendwa v Kenya Orient Insurance Co Ltd (Civil Appeal E024'A' of 2021) [2022] KEHC 15401 (KLR) (15 November 2022) (Judgment)
✦ The Court of Appeal dismissed the appeal, affirming the ruling of the Principal Magistrate Hon M Onkoba.
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Orandous & another v Olang’o (Civil Appeal 18 of 2020) [2022] KEHC 15464 (KLR) (15 November 2022) (Judgment)
✦ The Court found that the Trial Court erred in apportioning liability and in awarding Kshs. 500,000/= in general damages.
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Gitiba v South Nyanza Sugar Company Limited (Civil Suit 24 of 2015) [2022] KEHC 15367 (KLR) (15 November 2022) (Ruling)
✦ The application for contempt is dismissed, and the warrants of attachment and sale are annulled. The plaintiff is ordered to bear the costs of the illegal execution.
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Eldoret Hospital Limited v Muchiri (Petition E024 of 2021) [2022] KEHC 15306 (KLR) (15 November 2022) (Ruling)
✦ The court denied the application for stay of execution
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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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Odallo v Alaro (Civil Appeal 51 of 2017) [2022] KEHC 15483 (KLR) (15 November 2022) (Judgment)
✦ The court found that the appellant failed to prove malicious prosecution and thus dismissed her suit.
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In re Estate of Stanslaus Dalmas Anyango (Deceased) (Succession Cause 1 of 2022) [2022] KEHC 15400 (KLR) (14 November 2022) (Ruling)
✦ None of the orders sought will be granted
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Mirambo v Treadsetters Tyres Ltd & 3 others (Commercial Miscellaneous Application E398 of 2022) [2022] KEHC 16084 (KLR) (Commercial and Tax) (14 November 2022) (Ruling)
✦ The court grants the applicant leave to file the appeal out of time but denies the application for stay of execution.
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Abura (trading as Oasis Den Constructing Engineering Limited) v Wapangana & another (Civil Suit 15 of 2012) [2022] KEHC 15655 (KLR) (Commercial and Tax) (14 November 2022) (Ruling)
✦ The application is dismissed with costs as the Deputy Registrar's ruling was proper and the applicant has not shown that he has consistently made the instalment as agreed in the consent.
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Mulatya & another v Kyalo & another (Suing as the Legal Representatives of the Estate of Wycliff John Syengo - Deceased) (Civil Appeal E024 of 2021) [2022] KEHC 15365 (KLR) (14 November 2022) (Judgment)
✦ The trial court found that there was unexplained delay and that the draft defence did not raise any triable issue.
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Kithi v Trustees of the Presbyterian Church of East Africa (Civil Appeal E023 of 2021) [2022] KEHC 16346 (KLR) (14 November 2022) (Judgment)
✦ The appeal is dismissed. The appellant did not prove his case and the judgment of the lower court is well founded.
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Wenjun v Cong & 4 others (Commercial Case E044 of 2022) [2022] KEHC 15597 (KLR) (Commercial and Tax) (14 November 2022) (Ruling)
✦ The Notice of Preliminary Objection is a misapprehension of the law and is dismissed with costs to the Plaintiff.
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Republic v Ogot & another (Criminal Case E016 of 2021) [2022] KEHC 15338 (KLR) (14 November 2022) (Judgment)
✦ The court found that the first accused was not falsely implicated and the second accused's alibi was not displaced. The court also found that the first accused caused the death of the deceased.
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Gichuhi v BJT (Minor Suing through Father and Friend BTJ) (Civil Appeal E043 of 2021) [2022] KEHC 15450 (KLR) (14 November 2022) (Judgment)
✦ The appeal is dismissed with costs to the respondent