Kenyan case law
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CMM v ANM (Civil Appeal E039 of 2023) [2023] KEHC 26977 (KLR) (20 December 2023) (Ruling)
✦ The Notice of Motion is dismissed with costs to the respondent, and the appeal is struck out with costs to the respondent on the court’s own motion for being incompetent.
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Nyota v Modern Coast Building & Constructors Limited & another (Civil Appeal E002 of 2022) [2023] KEHC 26744 (KLR) (20 December 2023) (Judgment)
✦ The appeal is dismissed with costs as the Appellant's suit failed to meet the required standard.
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Republic v Bore (Criminal Case 67 of 2012) [2023] KEHC 26649 (KLR) (20 December 2023) (Judgment)
✦ The accused is found guilty of Murder.
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Andere v Republic (Criminal Appeal E003 of 2022) [2023] KEHC 26718 (KLR) (20 December 2023) (Judgment)
✦ The Appellant's Petition of Appeal was not merited and the conviction and sentence were upheld.
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Ashioya p/a Ashioya & Company, Advocates v Odaka (Miscellaneous Application E029 of 2022) [2023] KEHC 27055 (KLR) (20 December 2023) (Ruling)
✦ The Deputy Registrar is directed to make the court file available
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Republic v Mutai (Criminal Case E027 of 2023) [2023] KEHC 26724 (KLR) (20 December 2023) (Ruling)
✦ The Accused is admitted to bail pending trial with a bond of Kshs.200,000/= with one surety of like sum.
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Irungu & another v Mathenge (Miscellaneous Civil Case E006 of 2023) [2023] KEHC 26706 (KLR) (20 December 2023) (Ruling)
✦ The Court grants conditional leave to appeal provided the appeal is filed and served within seven days. The decretal sum shall be deposited in an interest-earning account within 30 days of filing the appeal. The application costs shall be paid to the respondent and assessed at Ksh10,000 within seven days after filing the appeal.
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Nguo v Nguo & 4 others (Probate & Administration 491 of 2006) [2023] KEHC 27263 (KLR) (20 December 2023) (Ruling)
✦ The court granted the application and issued a new or amended confirmed grant of letters of administration.
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Chanzi v Republic (Criminal Appeal E006 of 2023) [2023] KEHC 27050 (KLR) (20 December 2023) (Judgment)
✦ The appeal is dismissed as misconceived and incurably defective due to the discrepancy between the proceedings and the appellant.
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In re Estate of Margarita Mwita Machera (Deceased) (Succession Cause 595 of 2014) [2023] KEHC 26691 (KLR) (20 December 2023) (Ruling)
✦ The application is granted, and the County Surveyor is ordered to subdivide the land into five equal portions and register the new parcels.
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Kimani (Suing through Joseph Obudho Oware) v Housing Finance Corporation Limited & another (Civil Case 49 of 2019) [2023] KEHC 26998 (KLR) (20 December 2023) (Ruling)
✦ The suit is dismissed for want of prosecution.
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Kimani v Republic (Criminal Appeal E002 of 2023) [2023] KEHC 27096 (KLR) (20 December 2023) (Judgment)
✦ The court finds the minor's age, the act of penetration, and the perpetrator's identity beyond reasonable doubt.
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Argwings & another v Odundo (Civil Appeal E031 of 2022) [2023] KEHC 26983 (KLR) (20 December 2023) (Judgment)
✦ The appeal is merited. The judgment of the trial magistrate is quashed and the subsequent orders are set aside.
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Kamau v Kamau & another (Civil Suit 100 of 2020) [2023] KEHC 27084 (KLR) (Civ) (20 December 2023) (Ruling)
✦ The suit is dismissed, but the Respondent is given an opportunity to prosecute the suit by the end of April 2024. If not, the suit will stand automatically dismissed for want of prosecution.
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Kipkoech v G4S Security Company & another (Civil Appeal 10 of 2022) [2023] KEHC 27006 (KLR) (20 December 2023) (Judgment)
✦ The appeal is devoid of merit. The trial court did not have jurisdiction to hear and determine the suit and so does this appellate court. The appeal is dismissed with orders to costs to the respondent.
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Philip v Ochung (Miscellaneous Civil Case E076 of 2023) [2023] KEHC 27036 (KLR) (20 December 2023) (Ruling)
✦ The application is allowed and the applicant is directed to file and serve the appeal within 14 days.
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Multichoice Kenya Limited v Events & Functions Limited (Civil Appeal E170 of 2023) [2023] KEHC 27149 (KLR) (20 December 2023) (Ruling)
✦ The application for stay of proceedings is found to be meritorious and is hereby allowed
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Samba t/a JO Samba & Co Advocates v Mengich (Miscellaneous Application 7 of 2022) [2023] KEHC 26997 (KLR) (20 December 2023) (Ruling)
✦ The court grants the application and certifies the application as extremely urgent, stays the proceedings, and reviews and vacates the taxation order and costs order in favor of the applicant.
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Wambura & another v Republic (Criminal Appeal E008 of 2023) [2023] KEHC 26669 (KLR) (20 December 2023) (Judgment)
✦ The conviction is quashed and sentences set aside due to violation of Article 50(2)(b) and irregularity of sentences.
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Director of Public Prosecutions v Okemo (Miscellaneous Criminal Application E183 of 2023) [2023] KEHC 26753 (KLR) (Crim) (20 December 2023) (Ruling)
✦ The court grants the DPP's application for leave to lodge an appeal out of time.
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Republic v Wandera (Criminal Case E012 of 2022) [2023] KEHC 27052 (KLR) (20 December 2023) (Ruling)
✦ The court sentences the accused to life imprisonment.
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Mohamed v Diya (Miscellaneous Application E004 of 2023) [2023] KEHC 26773 (KLR) (20 December 2023) (Ruling)
✦ The court granted leave to appeal out of time, stayed execution of the judgment, and ordered the applicant to provide security for the decretal sum.
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In re Estate of Nyameri Onchoke (Deceased) (Succession Cause 25 of 1997) [2023] KEHC 27260 (KLR) (20 December 2023) (Ruling)
✦ The application for rectification of the grant is dismissed. The Administrator is directed to apply to revoke the original grant and reissue it with the proposed changes.
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Great Rift Express Shuttle v Mwangi (Civil Appeal E086 of 2022) [2023] KEHC 27069 (KLR) (20 December 2023) (Judgment)
✦ The trial court's finding on liability is upheld. The trial court's award of damages is reviewed.
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Mweberi v Republic (Criminal Revision E296 of 2022) [2023] KEHC 27141 (KLR) (20 December 2023) (Ruling)
✦ The court held that the trial court did not consider the time spent in custody, which is a material factor in sentencing.