Kenyan case law
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Mathiu Joseph & another v Titus Charles Mwalili [2019] KEHC 1393 (KLR)
✦ The appeal is dismissed with costs to the respondent.
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Augustine Kimantiria Nthiga v Baraza Limited t/a Kenya Television Network & 2 others [2019] KEHC 1941 (KLR)
✦ The court will spare the suit and order that it be prosecuted within six months from the date of this ruling failing which, it shall stand dismissed.
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Republic v Geoffrey Cheruiyot Koskei [2019] KEHC 54 (KLR)
✦ The court allows the application for bail.
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Martin Kuria Githumbi v Republic [2019] KEHC 2496 (KLR)
✦ The court finds that the ingredients of the offence of defilement were proved beyond reasonable doubt, and the conviction and sentence are upheld.
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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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Joseph Onyango Owuor v Republic [2019] KEHC 2777 (KLR)
✦ The petition is rejected and dismissed as it is intended to forum-shop.
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In re Estate of Githu Muhoho (Deceased) [2019] KEHC 11953 (KLR)
✦ The application is dismissed with costs, and the balance of Ksh 40,000/- shall be deposited with the Deputy Registrar Family Division Nairobi High Court before the transfer of 2 acres is effected.
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Bernard Musau Mailu v Republic [2019] KEHC 12155 (KLR)
✦ The trial court did not err in failing to comply with Section 214 of the Criminal Procedure Code after substitution of the charge sheet. The failure to comply with Section 200 of the Criminal Procedure Code did not prejudice the appellant.
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Kepha O Maobe & 365 others (on their behalf and of all Residents of Kimathi Estate) v Benson Mwangi & 2 others [2019] KEHC 12066 (KLR)
✦ Application dismissed with costs
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Robinson Onyango Malombo t/a O.M Robinson & Co. Advocates v County Government of Mombasa [2019] KEHC 2377 (KLR)
✦ The application is not anchored properly in law and cannot be the basis to challenge any taxations herein. The taxation of the Bill of Costs in Civil Application No. 187 of 2015 was a nullity ab-initio and is set aside.
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Patrick Kimathi Muchena T/A Arimi Kimathi & Co. Advocates v Evans Ithira [2019] KEHC 2686 (KLR)
✦ The preliminary objection is upheld, and the chamber summons is dismissed.
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Julius Shikuku Murono v Republic [2019] KEHC 2749 (KLR)
✦ The petition is struck out for want of jurisdiction as the court has no jurisdiction to review the sentence imposed on the petitioner.
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Republic v John Cheruiyot Kirui [2019] KEHC 63 (KLR)
✦ The court declines to order a fresh trial and directs the defence to proceed with their defence case.
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NIC Bank Limited v Balume Laurent Mbotaz [2019] KEHC 2616 (KLR)
✦ The stay of execution is granted pending the hearing and determination of the appeal.
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Republic v David Njoroge Njogu [2019] KEHC 149 (KLR)
✦ The court sentences the accused to 20 years imprisonment, finding that a non-custodial sentence would not serve the purpose of the sentence.
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Republic v Sharon Khalai Marami [2019] KEHC 188 (KLR)
✦ The court dismisses the application, finding no change in circumstances and no merit in the request for release of the passport.
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Abdi Werdi Abdulahi v James Royo Mungatia & another [2019] KEHC 2791 (KLR)
✦ The court assesses the quantum of damages for the plaintiff's injuries, with 20% liability apportioned to the plaintiff and 80% to the defendants.
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Ndeda Ogaga & another v Beatrice Akinyi Cheriba [2019] KEHC 2393 (KLR)
✦ The appeal is dismissed with costs
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Republic v Julius Njoroge Kamau [2019] KEHC 12193 (KLR)
✦ The court held that the prosecution did establish a prima facie case, and the trial court did not err in finding a prima facie case.
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D. Manji Construction Limited v Farmers Industry Limited [2019] KEHC 12390 (KLR)
✦ The court grants the defendant a chance to defend the action under stringent conditions
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Caleb Ombima Odero v Republic [2019] KEHC 1043 (KLR)
✦ The court grants the appellant bond of Kshs.100,000/= with one surety of the same amount, declining an alternative of cash bail.
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Orange Democratic Movement Party (ODM) v Independent Electoral and Boundaries Commission [2019] KEHC 2492 (KLR)
✦ The court held that the petitioner has the right of access to the voters' register and that the Respondent was not justified in refusing access due to confidentiality and privacy concerns.
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Tito Mmbwanga Mambo v Florence Munze Shilisia (Civil Appeal 60 of 2016) [2019] KEHC 2692 (KLR) (6 November 2019) (Judgment)
✦ The appeal is allowed, and the ex parte judgment is set aside. The suit is set down for hearing within sixty days from the date of this order.
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Odhiambo Owiti & Company Advocate v Dominion Farm Ltd (Miscellaneous Civil Application 6 of 2019) [2019] KEHC 2438 (KLR) (6 November 2019) (Judgment)
✦ The application is granted and the Applicant/Advocate is awarded KShs.202,768.00 in costs with interest at 14% p.a.
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In re of SWM (A Child) [2019] KEHC 2343 (KLR)
✦ The applicants are allowed to adopt the child and appointed as her guardians ad litem. The child's name is changed to EPA.