Kenyan case law
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Naphas Mmenya t/a Muamala Enterprises v Kibisu & 2 others (Sued on their own behalf and on behalf of Ministry of Works Sports Club) (Civil Appeal E002 of 2021) [2022] KEHC 15256 (KLR) (Civ) (11 November 2022) (Judgment)
✦ The appeal is dismissed with costs to the respondent.
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Njoroge v Nation Media Group Limited & another (Civil Case 198 of 2017) [2022] KEHC 15308 (KLR) (Civ) (11 November 2022) (Judgment)
✦ The court found that the plaintiff has made a case for defamation and is entitled to the reliefs sought.
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In re Estate of Lawrence Abusalitsa Namoya (Deceased) (Succession Cause 70 of 2005) [2022] KEHC 15574 (KLR) (11 November 2022) (Judgment)
✦ Application for revocation of grant fails in its entirety
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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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Litein Tea Factory Co Limited v Chelangat & another (Civil Appeal 23 of 2017) [2022] KEHC 15832 (KLR) (11 November 2022) (Judgment)
✦ The appeal is dismissed with costs to the Respondents.
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In re Estate of Salim Juma Hakeem Kitendo (Deceased) (Succession Cause 200 of 2015) [2022] KEHC 15965 (KLR) (11 November 2022) (Ruling)
✦ The court declared the objector and the first petitioner as widows and beneficiaries, the interested party's marriage as null and void, and the children of the objector as heirs. The court ordered a DNA test for the disputed children.
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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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Republic v Limo (Criminal Case E040 of 2021) [2022] KEHC 15894 (KLR) (11 November 2022) (Judgment)
✦ The accused is found guilty of murder.
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Kailikia v Orawo & 3 others (Civil Suit E174 of 2022) [2022] KEHC 15336 (KLR) (Civ) (11 November 2022) (Ruling)
✦ The application succeeds in terms of prayers (v) and (vi) and the court issues temporary injunctions.
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In re Estate of John Okoth Chwang’u (Deceased) (Succession Cause 83 of 2022) [2022] KEHC 15198 (KLR) (11 November 2022) (Ruling)
✦ The High Court at Siaya transfers Bondo PM Succession Cause No. E179/2021 to Madiany Law Courts for hearing and final determination.
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Republic v Ojwang (Miscellaneous Criminal Application 33 of 2022) [2022] KEHC 15182 (KLR) (11 November 2022) (Ruling)
✦ The case is transferred to Madiany Law Courts and the accused is notified to attend for mention.
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In re Estate of Musa Ayot Alago alias Apollo Musa (Deceased) (Succession Cause 126 of 2022) [2022] KEHC 15207 (KLR) (11 November 2022) (Ruling)
✦ The Succession Cause No 568/2021 is transferred to Madiany Law Courts for hearing and final determination.
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In re Estate of Okwiri Opondo (Deceased) (Succession Cause 92 of 2022) [2022] KEHC 15193 (KLR) (11 November 2022) (Ruling)
✦ The Succession Cause No 17/2022 is transferred to Madiany Law Courts for hearing and final determination.
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In re Estate of Kariuki Kiruthi (Deceased) (Succession Cause 632 of 2014) [2022] KEHC 14937 (KLR) (10 November 2022) (Ruling)
✦ The estate of the deceased will be distributed as follows: 1 acre to each of the four protestors, and the balance of 6.894 acres will be shared among the surviving sons of the deceased and their survivors.
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Britam General Insurance Co. (K) Ltd v Nduku & 2 others (Civil Appeal E028 of 2021) [2022] KEHC 17257 (KLR) (10 November 2022) (Judgment)
✦ The Court held that the Appellant was under an obligation to indemnify the 1st Respondent for any claim arising from an accident involving her insured motor vehicle, including death or bodily injury to any person or damage to property.
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Direct Line Assurance Company Limited v Sospeter (Civil Appeal E237 of 2020) [2022] KEHC 17210 (KLR) (Civ) (10 November 2022) (Judgment)
✦ The court held that the vehicle was written off due to vandalism and not damage, and the respondent is entitled to the amount of Kshs 5,200,000/= as the value of the vehicle.
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Nduta & another v Republic (Criminal Case E016 of 2022) [2022] KEHC 17237 (KLR) (10 November 2022) (Ruling)
✦ The court admits both applicants to bail pending the hearing and determination of the case.
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Assets Recovery Agency v Mumba & another; Pikipiki Limited (Interested Party) (Application E002 of 2021) [2022] KEHC 15254 (KLR) (Anti-Corruption and Economic Crimes) (10 November 2022) (Judgment)
✦ The motorcycles are proceeds of crime and are liable for forfeiture to the Government.
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In re MMA (Minor) (Adoption Cause 6 of 2019) [2022] KEHC 15052 (KLR) (10 November 2022) (Order)
✦ The applicants are allowed to adopt the child, and orders are made accordingly.
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Lerugum v Republic (Criminal Appeal E007 of 2022) [2022] KEHC 14940 (KLR) (10 November 2022) (Judgment)
✦ The court found that the ingredients of the offense were not proved beyond a reasonable doubt and that the trial court erred in convicting the appellant.
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Okemwa v Republic (Criminal Appeal E080 of 2019) [2022] KEHC 16282 (KLR) (Crim) (10 November 2022) (Ruling)
✦ The court reduces the sentence to ten years less the two years the appellant was in pre-trial remand custody, starting from the date of conviction.
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Kibara v Republic (Criminal Appeal E075 of 2022) [2022] KEHC 15412 (KLR) (10 November 2022) (Judgment)
✦ The conviction is upheld but the 20-year sentence is substituted with a 10 years' imprisonment term from the date of arrest.
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Ikhlas Auto Trading Limited & another v Ouko (Civil Appeal E210 of 2021) [2022] KEHC 15055 (KLR) (Civ) (10 November 2022) (Ruling)
✦ The court denied the appellants' application for an order of stay of execution pending appeal.
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Emodo v Republic (Criminal Appeal E179 of 2021) [2022] KEHC 15413 (KLR) (10 November 2022) (Judgment)
✦ The prosecution case was proved
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Mereipie v Republic (Miscellaneous Criminal Application E015 of 2022) [2022] KEHC 15107 (KLR) (10 November 2022) (Judgment)
✦ The court found the prosecution's evidence did not meet the threshold to warrant a conviction, and the sentence was excessive.