Kenyan case law
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Republic v Keya (Miscellaneous Criminal Application 173 of 2022) [2022] KEHC 15226 (KLR) (11 November 2022) (Ruling)
✦ The case is transferred to Madiany Law Courts and the accused is notified to attend for mention on November 16, 2022
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In re Estate of Petro Okeyo (Deceased) (Succession Cause 90 of 2022) [2022] KEHC 15144 (KLR) (11 November 2022) (Ruling)
✦ I hereby transfer Bondo PM Succession Cause No 18/2022 to Madiany Law Courts for hearing and final determination.
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In re Estate of the Late Gasper Walele Mwanguwa (Deceased) (Succession Cause 355 of 2012) [2022] KEHC 15874 (KLR) (11 November 2022) (Ruling)
✦ The court upholds the will but increases the widow's monthly provision from Kshs 10,000 to Kshs 40,000 per month.
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Karbolo v Mara Landmark Limited t/a Mara Simba Lodge (Civil Suit 238 of 2013) [2022] KEHC 15330 (KLR) (Civ) (11 November 2022) (Judgment)
✦ The court dismissed the suit with costs, finding that Karbolo did not prove his claim on a balance of probabilities.
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In re Estate of Mary Atieno Opiyo (Deceased) (Succession Cause 139 of 2022) [2022] KEHC 15297 (KLR) (11 November 2022) (Ruling)
✦ The case is transferred to Madiany Law Courts for hearing and final determination.
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Atc Kenya Operations Ltd v Telkom Kenya Limited (Civil Suit E096 of 2022) [2022] KEHC 15354 (KLR) (Commercial and Tax) (11 November 2022) (Ruling)
✦ The Preliminary Objection is found to be devoid of merit.
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Kinyua v Commissioner of Investigations & Enforcement (Tax Appeal E116 of 2021) [2022] KEHC 15353 (KLR) (Commercial and Tax) (11 November 2022) (Judgment)
✦ The appeal is largely unsuccessful, with the Commissioner directed to review its objection decision and apply the correct individual graduated rate of tax to the Appellant’s income.
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In re Estate of Nyabunde Deya (Deceased) (Succession Cause 70 of 2022) [2022] KEHC 15153 (KLR) (11 November 2022) (Ruling)
✦ The court transfers Bondo PM Succession Cause No E431/2021 to Madiany Law Courts for hearing and final determination.
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Mutungi v Abdi & another (Suing as the legal representatives of the Estate of Adan Kore Abdi - Deceased) (Civil Appeal 53 of 2020) [2022] KEHC 15370 (KLR) (Civ) (11 November 2022) (Judgment)
✦ The appeal is partially successful. The award of Kshs 700,000/= made on general damages for loss of dependency is set aside. The appellant is awarded Kshs 104,400/= in total, including Kshs 130,500/= in general damages (Kshs 10,000/= for pain and suffering and Kshs 20,500/= for special damages) and Kshs 26,100/= in net total after deducting 20% contribution.
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In re Estate of Dishon Orwa Onyango (Deceased) (Succession Cause 108 of 2022) [2022] KEHC 15242 (KLR) (11 November 2022) (Ruling)
✦ The case is transferred to Madiany Law Courts for hearing and final determination.
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Kibe v Kenya Credit Traders Limited (Civil Appeal 27 of 2013) [2022] KEHC 15927 (KLR) (11 November 2022) (Judgment)
✦ The preliminary objection is dismissed with no orders as to costs. The appeal is dismissed.
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Too v Republic (Criminal Appeal E022 of 2021) [2022] KEHC 15851 (KLR) (11 November 2022) (Judgment)
✦ The mitigation appeal is allowed, and the appellant is released forthwith unless lawfully held for any other reason.
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In re Estate of Miembe Ogutu & Uhuru Miembe (Deceased) (Succession Cause 120 of 2022) [2022] KEHC 15300 (KLR) (11 November 2022) (Ruling)
✦ The case is transferred to Madiany Law Courts for hearing and final determination.
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Republic v Odhiambo (Miscellaneous Criminal Application 187 of 2022) [2022] KEHC 15222 (KLR) (11 November 2022) (Ruling)
✦ The case 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 Leonados Osewe Misachi (Deceased) (Succession Cause 72 of 2022) [2022] KEHC 15328 (KLR) (11 November 2022) (Ruling)
✦ The court transfers Bondo Succession Cause No. E526/2021 to Madiany Law Courts for hearing and final determination.
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In re Estate of Molo Odek (Deceased) (Succession Cause 82 of 2022) [2022] KEHC 15275 (KLR) (11 November 2022) (Ruling)
✦ The court transfers Bondo PM Succession Cause No. E551/2021 to Madiany Law Courts for hearing and final determination.
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Obori v Republic (Criminal Appeal 13 of 2021) [2022] KEHC 18045 (KLR) (11 November 2022) (Judgment)
✦ The court found that the prosecution proved the first ingredient of the offence, penetration, beyond reasonable doubt. The sentence was not excessive.
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Republic v Nairobi City County & 3 others; Musyoki Mogaka & Company Advocates (Exparte) (Application E004 of 2022) [2022] KEHC 18080 (KLR) (Judicial Review) (11 November 2022) (Ruling)
✦ The court declines to grant the application for mandamus as the applicant has not discharged the burden of proving that the respondents are aware of the decree and the certificate of order against the government.
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Jubilee Insurance Company of Kenya Ltd v Liberty Auto Mart Ltd (Civil Appeal E474 of 2022) [2022] KEHC 15304 (KLR) (Civ) (11 November 2022) (Ruling)
✦ The appeal is allowed, and the court grants leave to file the appeal out of time and orders a stay of execution pending the appeal.
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Davidson & 4 others (suing as the Board of Trustees of Getrude’s Gardedns Children Hospital Staff Retirement Scheme) v Stanlib Kenya Limited (Miscellaneous Cause E595 of 2021) [2022] KEHC 15224 (KLR) (Commercial and Tax) (11 November 2022) (Ruling)
✦ Application to set aside the arbitral award is declined and dismissed with costs.
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In re Estate of Peter Ayoki Nyawanda (Deceased) (Succession Cause 66 of 2022) [2022] KEHC 15155 (KLR) (11 November 2022) (Ruling)
✦ The Succession Cause No. 48/2022 is transferred to Madiany Law Courts for hearing and final determination.
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Republic v Omolo (Miscellaneous Criminal Application 37 of 2022) [2022] KEHC 15231 (KLR) (11 November 2022) (Ruling)
✦ The case is transferred to Madiany Law Courts for hearing and final disposition.
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Mwaniki v Consolidated Bank Ltd (Civil Case 435 of 2007) [2022] KEHC 15340 (KLR) (11 November 2022) (Ruling)
✦ The court discharges the Notice to Show Cause and allows the plaintiff to prosecute the suit.
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Wroe v AAR Health Services Limited (Civil Case 979 of 2006) [2022] KEHC 15891 (KLR) (Civ) (11 November 2022) (Judgment)
✦ The court held that the defendant was not liable for the plaintiff's medical expenses or resultant costs.