Kenyan case law
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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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Peter Abong Atiku v Republic [2020] KEHC 2925 (KLR)
✦ The appeal on sentence is dismissed as the sentence is considered lenient and the court has discretion to render a suitable sentence.
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Republic v County Assembly of Kisii Committee of Powers & Priviledges & 4 others Exparte Karen Nyamoita Magara [2020] KEHC 2993 (KLR)
✦ The court declined to make orders on stay and did not find that the applicant has established entitlement to an order for review.
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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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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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Intrasoft International S A v Verve K O Limited [2020] KEHC 10125 (KLR)
✦ The application for summary judgment and judgment on admission is dismissed with costs.
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Ayub Bainito v Republic [2020] KEHC 2747 (KLR)
✦ Death sentence set aside, substituted with sentence already served
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Dennis Kirui Kiplangat v Republic [2020] KEHC 2803 (KLR)
✦ The appellant's plea was unequivocal, and the trial magistrate did not err in convicting the appellant.
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In re Estate of Lawrence Ongoma (Deceased) [2020] KEHC 3000 (KLR)
✦ The estate will be divided equally among the surviving children. Any property given to a beneficiary in the deceased's lifetime and acknowledged by the rest will not be available for distribution but will be discounted in the beneficiary's entitlement.
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Reuben Dena Makomboa v Republic [2020] KEHC 2889 (KLR)
✦ The 15 years imprisonment from the date of arrest is upheld.
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Elisha Ochieng Odhiambo v Booker Ngesa Omole [2020] KEHC 2740 (KLR)
✦ Interim orders granted and extended
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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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AAA Growers Ltd v Erick Mukhabi Juma [2020] KEHC 2789 (KLR)
✦ The appeal is successful in part, with the respondent awarded Ksh120,000 in general damages and Ksh7,000 in special damages. The appellant is ordered to pay 1/4 of the costs of appeal.
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Naciti Engineers Limited v Moi University & another [2020] KEHC 3011 (KLR)
✦ The plaintiff is barred from seeking a certificate of order due to the statute of limitations and is also barred from executing the judgment after 12 years.
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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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In re Guardianship of G W M (Person Suffering From A Mental Disorder) [2020] KEHC 2790 (KLR)
✦ The Chamber Summons dated 9th September, 2020 is allowed in the terms proposed by the Petitioners/Applicants in prayers no. 2 and 3.
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Republic v Duncan Leparmoji [2020] KEHC 2932 (KLR)
✦ Luwatu is deceased and the accused caused her death.
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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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In re Estate of Odaka Adiye Abwocha alias Meshack Odaka Adiye (Deceased) [2020] KEHC 2983 (KLR)
✦ The grant of representation was obtained fraudulently by concealment of material facts, and is hereby revoked and annulled.
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John Mwaura v Republic [2020] KEHC 2705 (KLR)
✦ Appeal on conviction is dismissed, appeal on sentence is allowed. 20 years imprisonment is set aside and appellant sentenced to 5 years imprisonment.
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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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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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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.
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Republic v Kisii County Government Ex-parte Benard Onkoba t/a Betico Auctioneers [2020] KEHC 2866 (KLR)
✦ The court ordered the respondent to settle and satisfy the previous court order in full, or alternatively, to attach the respondent's movable property for execution of the order.