Kenyan case law
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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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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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Paul Syengo Musyoka v Republic (Criminal Miscellaneous Application 39 of 2019) [2019] KEHC 2913 (KLR) (6 November 2019) (Ruling)
✦ The life sentence imposed in Kyuso Principal Magistrate’s Court Criminal Case No. 234 of 2012 is set aside. The applicant is referred to Principal Magistrate’s Court at Kyuso for resentencing.
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Associated Battery Manufacturers Limited v Commissioner of Customs Services [2019] KEHC 148 (KLR)
✦ The Tribunal erred in upholding the Respondents decision to classify PE Battery Separators under HS Code 3920.10.10.
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A. A. Bayusuf & Sons Ltd v Northern Water Services Board [2019] KEHC 2488 (KLR)
✦ The Court denied the Defendant's applications for review of the summary judgment and setting aside the garnishee order.
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John Grossert & Company Limited v Kenya Ports Authority & another [2019] KEHC 2401 (KLR)
✦ The court finds that the 2nd Respondent has no authority to determine fraudulent conduct and that the allegations in the report cannot be discussed in court.
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Paul Guyo Waqoh v Hussein Abdi Huka &another; [2019] KEHC 2858 (KLR)
✦ The award of Ksh.2.5 million as general damages is revised downwards to Ksh.2 million.
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Edwin Kipng’eno Rono v Leawin Limited & another [2019] KEHC 12389 (KLR)
✦ Petition and cross-petition struck out with orders for buyout and winding up to be determined by an independent valuer
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BIA v JMA & another [2019] KEHC 12027 (KLR)
✦ The court held that the property in question, LR [xxxx], was a gift from the interested party to the plaintiff and defendant, and that it was not held in trust for the defendant.
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Alice Wanjiru Wagako v Stephen Karanja Wagako & another [2019] KEHC 12397 (KLR)
✦ The court grants the application to extend the period to sell the immovable properties from 6 months to 36 months and orders the rent proceeds to be distributed among the three households according to the 1/3 principle.
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Moses Otengo & another v Mount Elgon Orchards Sacco Society Ltd [2019] KEHC 2025 (KLR)
✦ The application is allowed, and the applicants are granted leave to file their appeal within 30 days, with a stay of taxation of the respondent's bill of costs pending the appeal.
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Njagi Ndwiga John v Republic [2019] KEHC 2796 (KLR)
✦ The sentence is reviewed, and a non-custodial sentence is imposed due to the applicant's advanced age and health condition
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Jonathan Mangere v Fridah Chebet [2019] KEHC 582 (KLR)
✦ The appeal is upheld, and the judgment of the trial court is set aside.
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Lilian Okembo v Robert Pukose [2019] KEHC 1937 (KLR)
✦ The court found the letter to be defamatory in part, but not in another part. It awarded the Plaintiff Kshs. 2,000,000 in general damages and interest on that amount.
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Duncan Mwema v Director of Public Prosecutions [2019] KEHC 12082 (KLR)
✦ The death sentence is set aside and a 20-year jail term is imposed
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Ali Msuo Ali & another v Republic [2019] KEHC 632 (KLR)
✦ The 1st appellant's appeal is dismissed. The 2nd appellant's appeal is allowed, conviction and sentence are quashed, and he is set at liberty.
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Juma Nyamai Wambua & another v Director of Public Prosecutions [2019] KEHC 12077 (KLR)
✦ The mandatory death sentence is unconstitutional, and the court sentences the Petitioners to 16 years in prison, with release after serving the time.
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Jenifa Achieng Okoth v Dorsila Akelo Okoth [2019] KEHC 2642 (KLR)
✦ The land parcel No. North Sakwa/Ajigo/470 is a gift inter vivos and not available for distribution to the family of Obonyo. Customary trust rights and adverse possession claims are not to be determined in succession proceedings.
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Ndafara Co Ltd v Paul Kibugi Muite & 2 others [2019] KEHC 12379 (KLR)
✦ The court finds that the company is entitled to the refund of Ksh 25,374,550 plus interest.
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Robinson Simiyu Mwanga & another v IEBC & 2 others [2019] KEHC 2034 (KLR)
✦ The court grants leave to appeal but denies the application for stay of execution and costs
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Ramadhan Mohamed Govi v Director Of Public Prosecutions [2019] KEHC 529 (KLR)
✦ The death sentence is set aside, and the Petitioner is sentenced to 50 years imprisonment
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Daniel Mungai Gitau v Catherine Gathoni Kamau [2019] KEHC 12005 (KLR)
✦ The court affirmed the trial court's judgment on liability but reduced the quantum of damages awarded for pain and suffering.
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Republic v Michael Njeru Murage & another [2019] KEHC 2238 (KLR)
✦ The objection to taking plea is without merit, and the accused will proceed to plead as soon as they are certified fit to stand trial.
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Beatrice Barasa & another v Thomas Kiplagat Lobeta & another [2019] KEHC 1972 (KLR)
✦ The appeal is allowed, the judgment on liability as found by the trial court is set aside and order that the Respondents jointly and severally are 100% liable for the accident.
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Joseph Otieno Wesonga v Republic [2019] KEHC 12187 (KLR)
✦ The conviction on robbery with violence is upheld. The sentence is reduced to 10 years.