Kenyan case law
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In re Estate of the Late Samson Mutuku Mbithi (Deceased) [2019] KEHC 2818 (KLR)
✦ The court found that there was a valid sale of part of the deceased's land by Peter Mulinge Mutuku and Abednego Mweu Mutuku to W Kyalo Joshua, but W Kyalo Joshua is not entitled to the purchased land as he entered into the agreement after the grant of letters of administration.
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Radio Africa Limited v Standard Group Plc & another [2019] KEHC 11921 (KLR)
✦ The plaintiff's preliminary objection is upheld, and the 1st defendant's preliminary objection is dismissed with costs.
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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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Peter Moracha Oendo v Nyamache Mageto & 10 others [2019] KEHC 2066 (KLR)
✦ The Defendants' preliminary objection is upheld.
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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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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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David Otieno Okoth v Republic [2019] KEHC 2645 (KLR)
✦ The court revises the appellant's sentence to 10 years imprisonment to run from the date of his arrest on 22.7.2016.
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Redempta Igwatai Imoo v Moses Omuse Ekabten & 2 others [2019] KEHC 2727 (KLR)
✦ The court dismissed the petition due to the respondent's preliminary objection
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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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Crop Health Technologies Limited v Agritecno East Africa Limited & another [2019] KEHC 2661 (KLR)
✦ The High Court lacks jurisdiction to entertain the Plaintiff's case due to the arbitration clause in the distribution agreement, which requires disputes to be resolved in Paris.
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Joyce Cherop Kaspandoy & 609 others v Kenya Power and Lighting Company [2019] KEHC 11902 (KLR)
✦ The court finds that the applicants did not disclose the existence of the earlier suit in the instant application, constituting an abuse of court process.
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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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Ramadhan Ali v Director of Public Prosecutions [2019] KEHC 12083 (KLR)
✦ The court sentences the petitioner to 25 years in jail from the date of arrest.
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J.G. Kariuki t/a Gachiri Kariuki & Co. Advocates v Invesco Assurance Co. Ltd [2019] KEHC 2267 (KLR)
✦ The court allows the application for entry of judgment and awards the applicant Kshs.35,798/= with interest at 12% p.a. from the date of the certificate of costs till payment in full.
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In re Estate of Anthony George Kimanthi (Deceased [2019] KEHC 2564 (KLR)
✦ The court dismissed the citation.
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Mumias Sugar Company Limited v Dante’s Peak Limited & 5 others [2019] KEHC 455 (KLR)
✦ The applications are dismissed with costs abiding the outcome of the main suit.
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Republic v PMS Innovateus Limited & another Ex parte PZ Cussons Limited [2019] KEHC 11884 (KLR)
✦ The court found that the applicant is challenging an arbitration process and that the Arbitration Act provides a mechanism for challenging such decisions. The court held that the applicant has not exhausted the available remedies under sections 14 and 35 of the Arbitration Act and that the court must be slow to undermine prescribed alternative dispute resolution mechanisms.
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Aia Architects Ltd Formerly Advents In House Limited v Yooshin Engineering Corporation [2019] KEHC 2266 (KLR)
✦ The court refuses the adjournment and directs that the matter proceeds if the counsel are ready to proceed.
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Duncan Mwakiriti Mbole v Collins Onyango [2019] KEHC 824 (KLR)
✦ The appeal is dismissed for non-compliance with the orders and directions of 11.7.2019 with no orders as to costs.
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Japheth Otieno Akumu v Ezekiel Onyango Akumu [2019] KEHC 823 (KLR)
✦ The appeal is dismissed for non-compliance with court orders of 11.7.2019.
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Republic v Amina Shiraz Yakub [2019] KEHC 739 (KLR)
✦ The court finds the prosecution failed to establish a prima facie case and enters a verdict of NOT GUILTY.
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Philip Kisia v Paul Odhiambo & 3 others [2019] KEHC 2819 (KLR)
✦ The suit is dismissed for want of prosecution with costs to the plaintiff, 3rd and 4th defendants
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Philemon Kiogora Munjuri v William Kamunge Gakui [2019] KEHC 11882 (KLR)
✦ The appeal is incurably defective and cannot be cured, and the appeal is dismissed with costs to the Respondent.
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Republic v John Njogu Kiura & another [2019] KEHC 2315 (KLR)
✦ The court finds that the circumstantial evidence falls short of the test laid down in the case of Sawe v Republic and does not establish a prima facie case against the two accused persons. The accused persons have no case to answer and are hereby acquitted.
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Republic v Inspector General - The National Police Service & another [2019] KEHC 11914 (KLR)
✦ The court dismissed the application for mandamus.