Kenyan case law
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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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Nduati & Company Advocates v Mugo (as the Administratrix of the Estate of the Late Peter Mugo Muigai) (Miscellaneous Application E313 of 2021) [2022] KEHC 17187 (KLR) (Civ) (14 November 2022) (Ruling)
✦ The reference is meritable and succeeds with costs to the applicant. The bill of costs dated May 13, 2021 is returned for fresh taxation as per the notice of taxation before another Taxing Master within the division.
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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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Baylem Limited v Moi Teaching and Referral Hospital (Commercial Miscellaneous Application E071 of 2022) [2022] KEHC 16291 (KLR) (Commercial and Tax) (14 November 2022) (Ruling)
✦ The court denied the application for leave to file appeal out of time and 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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In re the Estate of Severio Wafula Opwora alias Wafula Osore (Deceased) (Succession Cause 228 of 1986) [2022] KEHC 15383 (KLR) (14 November 2022) (Ruling)
✦ The grant is revoked
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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
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Abucheri v Stephen (Civil Appeal 19 of 2018) [2022] KEHC 15572 (KLR) (14 November 2022) (Directions)
✦ The court directs that consents by parties be minuted by the Registry and endorsed by the Deputy Registrar, and that clarifications or confirmations to such consents be made before the Deputy Registrar.
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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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Sherman Nyongesa & Mutubia Advocates v Furncon Limited (Miscellaneous Civil Application E051 of 2021) [2022] KEHC 15530 (KLR) (14 November 2022) (Ruling)
✦ The court set aside the ruling on taxation and ordered the bill of costs to be taxed afresh by another taxing officer.
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Republic v Yoma & 11 others (Criminal Case E074 of 2022) [2022] KEHC 15298 (KLR) (Crim) (14 November 2022) (Ruling)
✦ Plea is deferred for 7 days to allow the accused to be present with their advocates.
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In re Estate of Michael Owino Okello (Deceased) (Succession Cause 117 of 2022) [2022] KEHC 15142 (KLR) (11 November 2022) (Ruling)
✦ The Succession Cause No E359/2021 is transferred to Madiany Law Courts for hearing and final determination.
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Republic v Rono (Criminal Case 12 of 2015) [2022] KEHC 15929 (KLR) (11 November 2022) (Sentence)
✦ The accused is placed on a probation sentence of 3 years with conditions
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In re Estate of Michel Obiero Obure (Deceased) (Succession Cause 69 of 2022) [2022] KEHC 15272 (KLR) (11 November 2022) (Ruling)
✦ The court transfers Bondo PM Succession Cause No 438/2021 to Madiany Law Courts for hearing and final determination.
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Republic v Nyamango (Miscellaneous Criminal Application 179 of 2022) [2022] KEHC 15201 (KLR) (11 November 2022) (Ruling)
✦ The case is transferred to Madiany Law Courts for hearing and final disposition.
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Mwangi & another v Mwangi & another (Civil Appeal 121 of 2019) [2022] KEHC 15305 (KLR) (Civ) (11 November 2022) (Judgment)
✦ The appeal is dismissed with costs to the respondent.
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In Estate of Naftal Onywera Obare (Deceased) (Succession Cause 67 of 2022) [2022] KEHC 15271 (KLR) (11 November 2022) (Ruling)
✦ The Court transfers Bondo PM Succession Cause No. E378/2021 to Madiany Law Courts for hearing and final determination.
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Karanja v PG (A minor suing through mother and next friend MMM) (Civil Appeal E758 of 2021) [2022] KEHC 15363 (KLR) (Civ) (11 November 2022) (Judgment)
✦ The court found the appellant 100% liable for the accident and upheld the award of damages.
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In re Estate of Appolo Omil Oguda (Deceased) (Succession Cause 113 of 2022) [2022] KEHC 15262 (KLR) (11 November 2022) (Ruling)
✦ The High Court at Siaya transfers Bondo PM Succession Cause No. E78/2022 to Madiany Law Courts for hearing and final determination.
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Karani v Bundi; Ethics & Anti-Corruption Commission (Garnishee) (Civil Case 105 of 2011) [2022] KEHC 15375 (KLR) (Civ) (11 November 2022) (Ruling)
✦ The defendant's application is incompetent and is hereby ordered struck out.
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In re Estate of Samwel Oyoko Otuodi alias Oyoko Otuodi (Deceased) (Succession Cause 84 of 2022) [2022] KEHC 15146 (KLR) (11 November 2022) (Ruling)
✦ The case is transferred to Madiany Law Courts for hearing and final determination.
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In re Estate of Masila Mwaniki-Deceased (Succession Cause 233 of 2015) [2022] KEHC 15213 (KLR) (11 November 2022) (Ruling)
✦ The court dismissed the application for revocation of the grant.
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Temple Point Resort Limited v Salama Beach Hotel Limited (Civil Case E034 of 2018) [2022] KEHC 15341 (KLR) (Commercial and Tax) (11 November 2022) (Ruling)
✦ The application for the grant of leave to the defendant's/ applicant's advocates, Gichuki Karuga & Co Advocates, to come on record after judgment is found to have merit and it is hereby allowed.
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Commissioner of Domestic Taxes v Fast Generation Limited (Tax Appeal E140 of 2020) [2022] KEHC 15351 (KLR) (Commercial and Tax) (11 November 2022) (Judgment)
✦ The appeal is allowed, and the Tribunal’s judgment is set aside. The appeal is remitted back to the Tribunal for hearing and determination of the Respondent’s appeal on its merits.
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Maina & 2 others v Nzivo (Miscellaneous Civil Application E380 of 2020) [2022] KEHC 15251 (KLR) (Civ) (11 November 2022) (Ruling)
✦ The motion dated 18/7/2021 is dismissed with costs to the respondent.