Kenyan case law
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Wanguthi v Republic (Criminal Revision E021 of 2022) [2022] KEHC 15525 (KLR) (Crim) (9 November 2022) (Ruling)
✦ The sentence for Count 3 is set aside and replaced with one year imprisonment. The application for concurrent sentences is dismissed.
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Raila v Republic (Criminal Appeal E013 of 2022) [2022] KEHC 15187 (KLR) (9 November 2022) (Judgment)
✦ The appeal is dismissed. The conviction and sentence are upheld.
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State v Opondo (Criminal Case E013 of 2022) [2022] KEHC 15183 (KLR) (9 November 2022) (Judgment)
✦ The court found that the prosecution proved the case beyond reasonable doubt and that the accused committed the unlawful act that caused the death of the deceased.
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Otinga v Republic (Criminal Revision E089 of 2022) [2022] KEHC 15046 (KLR) (9 November 2022) (Ruling)
✦ The court held that the applicant's failure to appear for other accused persons was due to false documents, and that this perverted the course of justice.
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Duba & another v Wairimu (Miscellaneous Civil Application E088 of 2021) [2022] KEHC 15103 (KLR) (9 November 2022) (Ruling)
✦ The court dismisses the application with costs to the respondent.
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Republic v Mugo (Criminal Case 13 of 2019) [2022] KEHC 15008 (KLR) (Crim) (9 November 2022) (Ruling)
✦ The court finds that the prosecution has established a prima facie case against the accused and places him to his own defence.
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Republic v Ruto (Criminal Case 21 of 2022) [2022] KEHC 15062 (KLR) (9 November 2022) (Sentence)
✦ The accused is sentenced to serve 5 years imprisonment with effect from April 20, 2022. During that period, the prison authorities and Probation and Aftercare Services are to provide him with counselling and anger management counselling.
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IWW v Republic (Criminal Appeal E001 of 2022) [2022] KEHC 15090 (KLR) (9 November 2022) (Judgment)
✦ The appeal against conviction lacks merit, and the appeal against sentence succeeds. The sentence of 20 years' imprisonment is set aside and substituted with a sentence of 15 years' imprisonment to commence from the date of arrest.
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Kirwa v Republic (Criminal Appeal E027 of 2021) [2022] KEHC 14985 (KLR) (9 November 2022) (Ruling)
✦ The application for bail pending appeal is dismissed.
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Republic v Njagi & another (Criminal Case 8 of 2019) [2022] KEHC 15105 (KLR) (9 November 2022) (Ruling)
✦ The court found that the prosecution has made a prima facie case and the accused persons have a case to answer and are put on their defence.
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Republic v Mbogo (Criminal Case 3 of 2015) [2022] KEHC 15005 (KLR) (9 November 2022) (Ruling)
✦ The prosecution's application to call the witness is allowed, but the accused is granted an opportunity to cross-examine the witness.
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Republic v Mbiti (Criminal Case E016 of 2020) [2022] KEHC 15077 (KLR) (9 November 2022) (Judgment)
✦ The court finds that the prosecution's evidence was overwhelming and effectively dislodged the accused's defense of self-defense. The court holds that malice aforethought has been established, and the accused is guilty of murder.
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Kemei v Republic (Miscellaneous Criminal Case E015 of 2021) [2022] KEHC 15059 (KLR) (9 November 2022) (Ruling)
✦ The death sentence is reviewed and the applicant is placed on probation supervision for three years.
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Republic v Obara (Criminal Case 94 of 2014) [2022] KEHC 17025 (KLR) (Crim) (9 November 2022) (Ruling)
✦ The accused has a case to answer and is put upon his defence.
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Ng’ang’a v Republic (Criminal Appeal 40 of 2018) [2022] KEHC 17244 (KLR) (9 November 2022) (Judgment)
✦ The conviction and sentence are upheld
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Ekesa v Republic (Criminal Appeal E002 of 2022) [2022] KEHC 15061 (KLR) (9 November 2022) (Judgment)
✦ Petitioner's petition is proven on a balance of probability, and the mandatory sentence of 15 years is set aside in favor of a sentence of ten years from the date of conviction
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In re Estate of Phinius Nyaga Njeru (Deceased) (Succession Cause 182 of 2008) [2022] KEHC 15101 (KLR) (9 November 2022) (Ruling)
✦ The court denied the applicant's application for prohibitory and inhibition orders, finding that the applicant did not satisfy the court that the orders she sought were necessary.
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Wanjala v Republic (Criminal Appeal 15 of 2018) [2022] KEHC 17236 (KLR) (9 November 2022) (Ruling)
✦ The court is not able to determine the appeal until the gaps in the evidence are addressed, and the handwritten evidence is typed by a typist who can read and understand it.
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Robert v Kathuma & 2 others (Civil Appeal 44 of 2019) [2022] KEHC 15048 (KLR) (9 November 2022) (Judgment)
✦ The appeal is dismissed with costs. The revocation order did not prejudice the Appellant's right to claim during the estate distribution.
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Oyomo v Republic (Miscellaneous Criminal Application E067 of 2021) [2022] KEHC 15147 (KLR) (8 November 2022) (Ruling)
✦ The application is partially allowed, and the period between the date of arrest and the date of release on bond is taken into account for computing the 15 years imprisonment.
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Nyabomite Farmers Co-operative Society Ltd v Abdo & another (Civil Case E052 of 2021) [2022] KEHC 14882 (KLR) (Civ) (8 November 2022) (Ruling)
✦ The High Court transfers the case to the Environment and Land Court as the suit premises are under consideration in the Environment and Land Court via ELC case No. 130 of 2020.
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Lubulellah & Associates Advocates v Okemwa (Miscellaneous Civil Application 44 of 2017) [2022] KEHC 14938 (KLR) (Civ) (8 November 2022) (Ruling)
✦ The court entered judgment for the applicant for the amount of Kshs. 100,433.00, including interest at 14% per annum from November 18, 2016, until payment in full. The costs of the application were ordered to be provided for.
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Okoth v Republic (Criminal Appeal 11 of 2020) [2022] KEHC 15112 (KLR) (Crim) (8 November 2022) (Judgment)
✦ The appeal is dismissed. The error in the charge sheet is curable under section 382 of the Criminal Procedure Code. The sentence provided for under section 8(2) of the Sexual Offences Act is legal and proper.
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Njihia & another v Aluchio (Civil Appeal E089 of 2021) [2022] KEHC 14996 (KLR) (Civ) (8 November 2022) (Judgment)
✦ The appeal is dismissed as the award on general damages is not excessive and the trial court's discretion is upheld.
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In re Estate of Simon Mungai Mutiti (Deceased) (Succession Cause 1662 of 1993) [2022] KEHC 17223 (KLR) (Family) (8 November 2022) (Ruling)
✦ The respondent has no valid reason to caution the estate of the deceased, and the caution should be removed.