Kenyan case law
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Dafton Mwakisha v Republic [2020] KEHC 1416 (KLR)
✦ The age of PW2 was established through the age assessment report, and there were no contradictions in the prosecution's evidence. The sentence imposed on the appellant is upheld.
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Michael Muriithi Mathenge v Charles Muriithi Kariga [2020] KEHC 10124 (KLR)
✦ The court found that the appellant had an opportunity to recall the respondent and that the trial court had territorial jurisdiction.
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Nichanor Agondo Radolo v Republic [2020] KEHC 2861 (KLR)
✦ The court finds that the adoption of written submissions by the trial court was not fatal, and the prosecution did not contravene sections 74(A), 75, 79 and 86 of the Act. The court also finds that the prosecution proved its case.
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Julia Wangeci Githua v Commissioner General of Prisons & 2 others [2020] KEHC 2869 (KLR)
✦ The court declines to declare sections 37 of the Penal Code and section 92(1) of the Prisons Act unconstitutional.
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Aziz Ebrahim v Ramzan Ebrahim (Civil Case 198 of 1999) [2020] KEHC 1707 (KLR) (Commercial and Tax) (30 September 2020) (Judgment)
✦ The contract was valid and enforceable, and the Defendant breached the contract by failing to transfer the property share.
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JMM v Republic [2020] KEHC 2982 (KLR)
✦ The appeal is allowed, conviction and sentence are quashed, and the appellant is ordered to be set at liberty
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Maina & Maina Advocates v Benedict Kabugi Ndungu [2020] KEHC 2335 (KLR)
✦ Judgment is entered for the Applicant for the taxed costs of Kshs 195,398/= with interest at 14% per annum from the date of taxation until payment in full
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Biomedical Laboratories Limited v Margaret Mercy Achieng Onyango (suing as the administrator of the estate of Felix Healon Omondi (Deceased) & 2 others [2020] KEHC 10116 (KLR)
✦ The Appellant's application for a stay of execution was allowed, subject to depositing the decretal sum into an interest-earning account in the joint names of its advocates and the advocates for the 1st and 2nd Respondents.
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Lawrence Muasya Muinde v Republic [2020] KEHC 3037 (KLR)
✦ The appeal is successful, conviction is quashed, sentence set aside, and an order for retrial is substituted
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Nobert Muchiti v Republic [2020] KEHC 2823 (KLR)
✦ The appellant is sentenced to 8 months imprisonment, the time already served.
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Collins Chitende Barasa & Fredrick Barasa Wafula v Republic [2020] KEHC 2778 (KLR)
✦ The conviction is quashed, the sentence set aside, and the appellants set at liberty
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Eliud Macharia v Republic [2020] KEHC 2692 (KLR)
✦ The mandatory death sentence for robbery with violence is unconstitutional. The court re-sentences the petitioner to 25 years imprisonment.
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Maina & Maina Advocates v Benedict Kabugi Ndungu (Judicial Review Application 36 of 2019) [2020] KEHC 2297 (KLR) (Judicial Review) (30 September 2020) (Ruling)
✦ Judgment is entered for the Applicant for the taxed costs of Kshs 373,610/=, with interest at 14% per annum from the date of taxation until payment in full.
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I & M Bank Limited v Benir Investments Limited, Joseph Muriithi Kanyita & Faith Gathoni Kabiru (Civil Case 473 of 2012) [2020] KEHC 10103 (KLR) (Commercial and Tax) (30 September 2020) (Judgment)
✦ Judgment is entered for the plaintiff against all defendants jointly and severally as prayed in the plaint. The plaintiff is awarded the costs of the suit.
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Joseph Mutua Mutuku, James Muli Kimilu, Paul Mutuku Mutua, Dominic Nyamasyo Mutua & Joseph Kimilu Muendo v Republic [2020] KEHC 2872 (KLR)
✦ The court found the charge of robbery with violence not proved and convicted the appellants of grievous harm.
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Christine Wambui Kabecha v Simon Kirika Njoroge & another [2020] KEHC 10104 (KLR)
✦ The Appellant's appeal is allowed, and the case is directed back to Judge Mbogholi Msagha for further orders and directions.
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Joyce Mukuhi Njenga v Equity Building Society Limited & 2 others [2020] KEHC 10114 (KLR)
✦ The court dismissed the suit for want of prosecution.
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Abdirahman Ahmed Muude v Republic [2020] KEHC 2980 (KLR)
✦ The custodial sentences shall be served concurrently, and the Applicant shall serve a term of four (4) years imprisonment from the date he was sentenced by the trial magistrate, i.e., 16th December 2019.
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Alex Juma v Republic [2020] KEHC 1404 (KLR)
✦ The Trial Court did not record voir dire examination in a question and answer format, but the examination was appropriately done. The failure by the prosecution to call some witnesses did not weaken its case.
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Patrick Mukalo Amukata v Republic [2020] KEHC 2827 (KLR)
✦ The mandatory death sentence for robbery with violence is declared unconstitutional. The sentence of death is set aside and substituted with the period already served.
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Elisha Ochieng Odhiambo v Booker Ngesa Omole [2020] KEHC 2740 (KLR)
✦ Interim orders granted and extended
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Republic v Land Adjudication Officer & another; Meshack M’ Mbukiwa (Interested Party); Johanah Muturi Mbiko (Ex parte ) [2020] KEHC 2908 (KLR)
✦ The suit lacks merits and is dismissed with costs to the respondent and interested party.
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Republic v Rent Restriction Tribunal at Nairobi & another Ex parte: Stanley Maelo & another; Mutia Kasyoka (Interested Party) [2020] KEHC 2270 (KLR)
✦ This Court has no jurisdiction to hear and determine the Chamber Summons dated 26th September 2020, and the case is hereby transferred to the Environment and Land Court at Nairobi.
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Jackson Kariuki Kamau v Republic [2020] KEHC 2958 (KLR)
✦ Defilement was not proved due to lack of evidence of penetration. The appellant was sentenced under the correct provision of law.
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Ministry of Environment and Forestry v Kiarigi Building Contractors & another [2020] KEHC 10112 (KLR)
✦ The court sets aside the award to the extent of compound interest applied to each head claim.