Kenyan case law
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Kenya Anti-Corruption Commission v Nabutola & 3 others (Anti-Corruption and Economic Crimes Civil Suit 30 of 2016) [2022] KEHC 15253 (KLR) (Anti-Corruption and Economic Crimes) (10 November 2022) (Judgment)
✦ The Plainti’s claim against the Defendants succeeds and orders are granted for the sum of Kshs.8,925,440/=.
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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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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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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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Mulandi & another v Makiti & another (Civil Appeal 81 of 2019) [2022] KEHC 15192 (KLR) (10 November 2022) (Judgment)
✦ The court finds that the words complained of were defamatory and awards damages of Kshs.50,000/= each to the appellants.
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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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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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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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Kibandi v Republic (Miscellaneous Criminal Application E403 of 2021) [2022] KEHC 16040 (KLR) (Crim) (10 November 2022) (Ruling)
✦ The application lacks merit and is a delaying tactic, and is accordingly dismissed.
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Ala v Wangari & 2 others (Civil Appeal 65 of 2016) [2022] KEHC 15331 (KLR) (Civ) (10 November 2022) (Judgment)
✦ The appeal is allowed, and the judgment of the trial court is varied. The 2nd and 3rd Respondents are jointly and severally liable for the accident, while the third-party claim by the 2nd and 3rd Respondents against the Appellant is dismissed with costs.
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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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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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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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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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Malala v Republic (Criminal Appeal E076 of 2022) [2022] KEHC 15377 (KLR) (10 November 2022) (Judgment)
✦ The court nds that the complainant was a minor less than 11 years of age and that the appellant was correctly charged under section 8(1) as read with section 8(2) of the Sexual Offences Act.
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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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Bindo v Stephen Kipkenda & Dorothy Kiprono t/a Kipkenda & Co. Advocates; Runo (Intended Interested Party) (Civil Suit E228 of 2021) [2022] KEHC 15073 (KLR) (Civ) (10 November 2022) (Ruling)
✦ The Application is allowed, and the Applicant is granted leave to be joined in the proceedings.
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Chepkwony v Republic (Criminal Revision E095 of 2022) [2022] KEHC 17015 (KLR) (10 November 2022) (Ruling)
✦ The court sets aside the 15-day custodial sentence and substitutes a 7,000 shilling fine (reduced to 5,000 shilling due to 2 days served in jail)
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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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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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Limo v Republic (Criminal Appeal 124 of 2021) [2022] KEHC 14865 (KLR) (9 November 2022) (Judgment)
✦ The court upheld the conviction and sentence, finding that the prosecution proved its case and the evidence was corroborated by witnesses.
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Owenga v Republic (Criminal Appeal 222 of 2019) [2022] KEHC 16271 (KLR) (Crim) (9 November 2022) (Judgment)
✦ The conviction and sentence are quashed and a sentence of 15 years imprisonment is imposed.
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Rono v ODPP (Criminal Appeal E003 of 2021) [2022] KEHC 15096 (KLR) (9 November 2022) (Judgment)
✦ The charge sheet was not found to be defective. The court found that the prosecution proved its case to the required standard of proof. The court upheld the sentence.
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Mutungi v Republic (Criminal Appeal 11 of 2020) [2022] KEHC 15091 (KLR) (9 November 2022) (Sentence)
✦ The appellant’s sentence to imprisonment is sustained and the life sentence is reviewed to thirty (30) years imprisonment to run from the first date he was committed to remand custody.
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In re Estate of Geoffrey Mathews Kakuli Nzale (Deceased) (Succession Cause 7 of 2019) [2022] KEHC 14862 (KLR) (9 November 2022) (Judgment)
✦ The court confirms the grant of letters of administration to Anna Maria Matha Kaluki, and the distribution list dated September 1, 2021, is confirmed. The protest by Peter Kyalo Nzivo fails due to lack of proof.