Kenyan case law
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Limo (Suing as the Legal Administrator of the Estate of Martin Kiplagat Limo - Deceased) & 2 others v Ngoyai & 2 others (Civil Appeal E045 & E046 of 2021 (Consolidated)) [2022] KEHC 17127 (KLR) (10 November 2022) (Judgment)
✦ The appeals are partially allowed. Liability is apportioned as follows: - As against the deceased - 30% As against the Respondents - 70%. General Damages are assessed as follows: - Pain and Suffering - Kshs. 20,000/= Loss of expectation of life - Kshs. 150,000/= Lost years - Kshs. 2,000,000/= Special Damages - Kshs.348, 000/=
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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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Kabiri v Rubara & another (Civil Case 19 of 2018) [2022] KEHC 15408 (KLR) (10 November 2022) (Ruling)
✦ The preliminary objection is merited, and the claims are res judicata as determined in In re Estate of M’rubaara M’ibiri (Deceased) [2019] eKLR.
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Chege & another v Michubu & another (Miscellaneous Civil Application E502 of 2021) [2022] KEHC 15229 (KLR) (Civ) (10 November 2022) (Ruling)
✦ The motion is dismissed with costs to the respondents
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Kun & 4 others v Director of Immigration & 3 others (Miscellaneous Criminal Application E132 of 2022) [2022] KEHC 15108 (KLR) (Crim) (10 November 2022) (Ruling)
✦ The application is struck out as it is not founded on any criminal case or appeal and the court lacks jurisdiction to entertain the matter.
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Kassam Hauliers Limited v Muguara & 2 others (Suing for and on behalf of Nyeri Future Focus Self Help Group) (Civil Appeal E017 of 2022) [2022] KEHC 15114 (KLR) (10 November 2022) (Ruling)
✦ The application is allowed and a stay of execution is issued in Civil Suit No 366 of 2016 pending hearing and determination of a declaratory suit no E030 of 2022. Costs of the application will follow the determination of the appeal.
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Wanjeri v Republic (Criminal Appeal 53 of 2019) [2022] KEHC 15172 (KLR) (10 November 2022) (Judgment)
✦ The appeal is dismissed as there is no merit to the appeal and the conviction and sentence are upheld.
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Republic v Kibe (Criminal Appeal 21 of 2018) [2022] KEHC 15513 (KLR) (Crim) (10 November 2022) (Ruling)
✦ The court finds the argument lacking merit and rejects it.
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Lintari v Nabea (Civil Appeal E123 of 2021) [2022] KEHC 15406 (KLR) (10 November 2022) (Judgment)
✦ The appeal is allowed, and the order for KES. 915,800 is set aside in favor of a nominal sum of KES. 100,000.
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Kimando v Ganaki Multipurpose Sacco Ltd (Civil Appeal E177 of 2022) [2022] KEHC 15054 (KLR) (Civ) (10 November 2022) (Ruling)
✦ The court dismissed the application for stay of proceedings pending appeal and stayed the execution of the judgment pending appeal.
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Republic v Gitonga & 2 others (Criminal Case 11 of 2019) [2022] KEHC 15415 (KLR) (10 November 2022) (Judgment)
✦ The prosecution has not proven the death of the deceased and that the accused persons caused the death.
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Njuguna v Republic (Criminal Revision E105 of 2022) [2022] KEHC 17208 (KLR) (Crim) (10 November 2022) (Ruling)
✦ The applicant will now serve two (2) years imprisonment less ten months and eleven days, with the sentence commencing 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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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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In re Estate of Paul Wambua Mutio (Deceased) (Succession Cause 317 of 2017) [2022] KEHC 15116 (KLR) (10 November 2022) (Ruling)
✦ The application is allowed, and the court orders the rectification of Letters of Administration, lifting of the caution, and issuance of a fresh Letter 41 and rectified certificate of confirmation of grant.
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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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Real Time Company Limited v Equity Group Foundation & another (Civil Suit E175 of 2020) [2022] KEHC 15313 (KLR) (Civ) (10 November 2022) (Ruling)
✦ Interlocutory judgment against Equity Group Foundation is set aside due to improper service of summons and lack of proper arbitration motion.
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Soo & another v Housing Finance Company of Kenya & another (Civil Case E017 of 2021) [2022] KEHC 17234 (KLR) (10 November 2022) (Ruling)
✦ The court found that the plaintiffs have not established a prima facie case and have failed to demonstrate irreparable harm.
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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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Ngari & another v Ngari (Miscellaneous Succession Application E011 of 2021) [2022] KEHC 14998 (KLR) (10 November 2022) (Ruling)
✦ The court allows the application to file the appeal but dismisses the stay of execution, giving the applicants ten days to file the appeal.
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Muthaura v Republic (Criminal Appeal E061 of 2022) [2022] KEHC 15379 (KLR) (10 November 2022) (Judgment)
✦ Convictions for assault in counts 1 and 3 are upheld, and sentences are modified. Conviction for malicious damage to property in count 2 is upheld, and sentence is modified.
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Republic v Mutahi & another (Criminal Case 16 of 2019) [2022] KEHC 15111 (KLR) (10 November 2022) (Judgment)
✦ The 1st and 2nd accused are hereby acquitted of the charge of murder under section 322 (1) of the Criminal Procedure Code.
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Mash East Africa & another v Kyalo (Civil Appeal E002 of 2021) [2022] KEHC 15065 (KLR) (10 November 2022) (Judgment)
✦ The appeal is allowed, and the award of Kshs.180,000/= is set aside. The court substitutes it with an award of Kshs.100,000/=
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Assets Recovery Agency v Boru & another; Equity Bank (Kenya) Limited & another (Interested Parties) (Civil Suit E006 of 2021) [2022] KEHC 15362 (KLR) (Anti-Corruption and Economic Crimes) (10 November 2022) (Judgment)
✦ The motor vehicle KBL xxx is an instrumentality of crime and the motor vehicle KCW xxx is a proceed of crime and is forfeited to the State.
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Mwangi & another v Ndungu ((Suing as the Personal Representative the Estate of Stephen Ndungu Burugu- Deceased)) (Civil Appeal 26 of 2019) [2022] KEHC 15292 (KLR) (10 November 2022) (Judgment)
✦ The trial magistrate erred in law and fact by dismissing the appellants' application for review and setting aside judgment.