Kenyan case law
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Hassan Nyawa Nyale v Republic [2019] KEHC 2124 (KLR)
✦ The court found the appellant in possession of the tusks and held that the items were indeed elephant tusks.
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Elijah Otieno v Republic [2019] KEHC 2477 (KLR)
✦ The court finds that the complainant's age was 13 years and that there was evidence of penetration. The court upholds the conviction.
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Monikos Limited v Kenya Revenue Authority & 2 others [2019] KEHC 12385 (KLR)
✦ The petition is struck out with no orders as to costs due to the preliminary objection raised by the 1st respondent.
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Emilio Kinyua Ireri v Ayub Odari Osodhi and Educational Scientific & another [2019] KEHC 1783 (KLR)
✦ The application is allowed as the memorandum of appeal was not properly served and the appellant did not seek leave to appeal.
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MS v BEG [2019] KEHC 11913 (KLR)
✦ Marriage is dissolved, decree nisi issued immediately, becomes absolute after 30 days, custody, access, care, education, and maintenance of children are governed by the agreement between the parties
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Josee Mwangi v Davis Nyakenyanya Onsare [2019] KEHC 12061 (KLR)
✦ Judgment on liability set aside, substituted with a judgment for Ksh.4,486,623/=
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Samira Tariq Qureshi v Cabinet Secretary for Ministry of Interior and Co-ordination of National Government & 2 others [2019] KEHC 705 (KLR)
✦ The Court orders the 2nd Respondent to consider the applicant's application for citizenship within the next 30 days and directs the 2nd Respondent to issue all relevant and necessary documents for the registration of the applicant as a Kenyan Citizen.
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Republic v Edwin Mwenda Njeru [2019] KEHC 2746 (KLR)
✦ The review application is allowed with conditions to ensure the security of the witnesses.
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Martin Mugambi Mithega v Invesco Assurance Company Ltd [2019] KEHC 2136 (KLR)
✦ The Bill of Costs is time barred and the preliminary objection is upheld.
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Christopher Wainaina Mburu v Consumate Court Limited & another [2019] KEHC 1929 (KLR)
✦ The court referred the dispute to arbitration and stayed the suit proceedings.
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Chris Nyakundi v Mimosa Plantations & 7 others [2019] KEHC 1334 (KLR)
✦ The application for recusal is dismissed with costs to the Respondent.
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In re Estate of Mbatha Kasomo (Deceased) [2019] KEHC 2624 (KLR)
✦ The court found that the petitioners did not disclose the fact that the Objectors were wife and son of the deceased and omitted the names of the Objectors in their petition. The court ruled that the petitioners were not the right persons to have petitioned for grant in the circumstances.
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Plam Oil Transporters Limited & another v Gil Oil Company Limited [2019] KEHC 1680 (KLR)
✦ The order for stay of execution pending appeal is granted on condition that the appellants deposit the decretal sum of Kshs.3,419,000/= in an interest earning account in the joint names of the firms of advocates appearing in this appeal within 30 days from the date hereof. In default, execution to issue. The auctioneer is directed to forthwith release to the appellants the attached goods.
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Benson Buhuru Mabinda v Co-operative Bank of Kenya [2019] KEHC 1361 (KLR)
✦ The application to strike out the plaintiff's complaint is dismissed.
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Caroline Mumbi Ngondi & another v Republic [2019] KEHC 47 (KLR)
✦ The appeals are dismissed as the convictions were based on sound evidence.
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Anthony Njiru Nyaga v Dayah Bus Service & another [2019] KEHC 11943 (KLR)
✦ The appeal is dismissed. The award of Kshs.200,000/- in general damages is upheld.
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Josphat Muhavi Lisengere v Republic [2019] KEHC 2613 (KLR)
✦ The conviction is upheld, and the sentence is reduced from life imprisonment to 20 years.
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Joseph Karanja Kanyi t/a Kanyi J. & Co. Advocates v Director of Public Prosecutions & 2 others; Kikambala Development Company Limited & 10 others (Interested Parties) [2019] KEHC 2244 (KLR)
✦ The petition should remain in Mombasa High Court as it is the correct forum for the determination of the petition and facilitates expeditious access to justice.
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Republic v Mohammed Kakundi Kiboni [2019] KEHC 1948 (KLR)
✦ The trial Magistrate committed an error of jurisdiction by releasing the driving license as an exhibit, which was not part of the trial record.
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Muktar Dubow Hassan v Shamsa Haji Ismail & another [2019] KEHC 1748 (KLR)
✦ The court dismissed the application, finding that the appellant was not served with the notice of dismissal and that the delay in prosecuting the appeal was not sufficiently explained.
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Philip Amwayo Odhiambo v Republic [2019] KEHC 2461 (KLR)
✦ The Appellant is convicted of defilement of a 15-year-old girl, RAO, on August 25, 2012.
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Maurice Kombe Kiboni v Divisional Criminal Investigation Officer Kilifi & 2 others [2019] KEHC 440 (KLR)
✦ The Magistrate did not exceed his jurisdiction and the order is upheld.
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In re Estate Of Samuel Wahome Gatheru (Deceased) [2019] KEHC 504 (KLR)
✦ The court recuses itself from the matter due to the applicant's complaints and the perception of bias.
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Margaret Wanjiru Kariuki v Caroline Mutoko & 2 others [2019] KEHC 1711 (KLR)
✦ The objection to the certificate dated April 8, 2019 is dismissed. The letter dated October 27, 2010 is found inadmissible. The objection to the amendment of the plaintiff's witness statement is partly successful.
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James Omondi Onyango v Republic [2019] KEHC 2288 (KLR)
✦ The sentence is revised to unpaid community service for 4 months at Ugunja Probation Office and enrollment for driving classes.