Kenyan case law
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Charles Wesonga Mbingi v Bernard Odhiambo Omusi & another [2020] KEHC 2522 (KLR)
✦ The Appellant's application to set aside the judgment is allowed. The Ruling and Order in Kisumu CMCC No. 86 of 2016 dismissing the Appellant's application dated and filed on 28.05.18 is set aside and substituted with an order allowing the application in terms of prayers 3 only with throw away costs of Kshs. 15,000/- to the 1st Respondent.
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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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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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Duncan Onyango Odera v Mary Adhiambo Wasonga & Eliud Otieno Odingo (Miscellaneous Civil Application E1 of 2020) [2020] KEHC 2524 (KLR) (14 October 2020) (Ruling)
✦ The court found that the applicant did not need to seek leave to appeal out of time as an appeal from an order declining to enlarge time is a matter of right. The court granted the applicant extension of time to file the appeal.
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EO v Republic [2020] KEHC 2452 (KLR)
✦ The file is closed as the accused has now been properly charged and appropriate orders issued.
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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 John Wanjare Okoth (Deceased) [2020] KEHC 2551 (KLR)
✦ Letters of administration issued to the Applicant and ELLY OTIENO OKOTH. 1/2 of WEST UYOMA/KAGWA/503 shall be distributed equally to each of the deceased's children.
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Alex Misigo Matisha v Registrar of Societies; Simon Rugut & 4 others (Interested Parties) [2020] KEHC 2339 (KLR)
✦ The Court granted leave to the Applicant to seek a mandamus order but directed that the application be heard on the basis of electronic copies of pleadings and submissions.
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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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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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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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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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Christopher Menge Kiyaka & another v FMM [2020] KEHC 1694 (KLR)
✦ The appeal is dismissed as the trial court's finding that the suit property was matrimonial property was not supported by evidence.
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Bolpak Trading Company Limited v Monica Awuor Ayieko [2020] KEHC 1911 (KLR)
✦ The appeal is allowed, the trial court’s finding on liability is set aside, and the Plaintiff’s suit is dismissed against the Defendant.
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Quinter Adhiambo Okech v John Odhiambo Okech [2020] KEHC 1727 (KLR)
✦ The application is allowed to the extent that the grant issued jointly to the applicant and respondent is affirmed and validated, but the certificate of confirmation of the grant is invalidated and revoked.
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Republic v Fondo Kalama Kitsao [2020] KEHC 2517 (KLR)
✦ The accused was found guilty of murder.
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Republic v Stephen Kwemoi Simele [2020] KEHC 2094 (KLR)
✦ The court found the accused not guilty of murder.
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Muli Mukonzi Mathembo v Director of Public Prosecutions [2020] KEHC 1288 (KLR)
✦ The court denies the application for bail and orders the applicant to be remanded in custody pending the hearing of the case.
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Republic v Constituency Development Board Exparte Thomas Mongare Moindi & 3 others Suing as Officials of The Millennium Forum For Unity and Development; Kenya Anti-Corruption Commission (Interested Party) [2020] KEHC 2288 (KLR)
✦ The entire decision of the taxing master was erroneous for applying the wrong provisions of the law and the award of instruction fees was made in error of fact and the law.
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Republic v Augustine Ngolua [2020] KEHC 2536 (KLR)
✦ Bail denied for now due to potential interference with witnesses
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Kwaluko Farm Enterprises Limited v Margaret Wangari Ngugi & another [2020] KEHC 2484 (KLR)
✦ The applicant's claim does not fall within the provisions of Section 80 of the Advocates Act, and the Chief Magistrate's Court has jurisdiction to hear the claim.
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Malik Mohamed Musa v Republic [2020] KEHC 2493 (KLR)
✦ The Court upheld the conviction and sentence, finding that the prosecution met its burden of proof and the contradictions in the DNA test were not material to the victim's testimony.
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Masosa Construction Limited v SBI International Holdings AG (Kenya) & 2 others [2020] KEHC 2564 (KLR)
✦ SBI is a necessary party and the application is dismissed
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Cornelius Mutai v Republic (Criminal Appeal 99 of 2019) [2020] KEHC 2097 (KLR) (13 October 2020) (Judgment)
✦ The court finds that the evidence was sufficient to prove the offence, the identification of the appellant was proper, and the medical evidence supported the prosecution's case.
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Maya Enterprises Limited v Kenya Revenue Authority; Bank of Baroda (K) Ltd & another (Interested Parties) [2020] KEHC 2487 (KLR)
✦ This Court finds that the scales of justice need to be balanced and denies the Petitioner's Application for stay of execution pending appeal.