Kenyan case law
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Republic v Stephen Mugambi Gatobu [2020] KEHC 2871 (KLR)
✦ The accused is found guilty of murder and sentenced to forty years imprisonment.
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In re Nicholas Kaaka Kapore (Deceased) [2020] KEHC 3046 (KLR)
✦ The court found the agreement valid and binding, but the respondent's argument that the agreement was subject to the success of the cause was upheld. The court ordered the respondent to pay the agreed amount.
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Kikambala Housing Estate Limited v Akash Devani & 10 others [2020] KEHC 2877 (KLR)
✦ The Court finds the Plaintiff's appeal not arguable and denies the application for a stay of proceedings pending appeal.
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In re Estate of Peter Karega Kamau (Deceased) [2020] KEHC 2922 (KLR)
✦ The court annuls the rectified certificate of confirmed grant and the original confirmed grant, directing the administrators to file a fresh summons to confirm the grant.
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Abubakar Mohamed Al Amin v Firdaus Siwa Somo [2020] KEHC 1369 (KLR)
✦ The court reviews the ruling and grants an order for stay of execution pending the hearing and determination of the appeal.
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M. S. Shariff & Co Advocates v Omari Mbwana Zonga [2020] KEHC 2891 (KLR)
✦ The retainer is disputed, and the application is dismissed with costs. The advocate may pursue the recovery of taxed costs by a suit for recovery of fees.
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M S Shariff & Co Advocates v Omari Mbwana Zonga [2020] KEHC 2966 (KLR)
✦ The retainer is disputed, and the advocate is directed to pursue the recovery of taxed costs by a suit for recovery of fees.
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Muthui Kioko v Republic [2020] KEHC 1413 (KLR)
✦ The court upheld the conviction and sentence, finding that the prosecution's case was not weakened by the failure to call some witnesses, and that the appellant was not convicted under the wrong provisions of the law. The court also found that the prosecution proved its case beyond reasonable doubt.
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Musinda Mahupa v Republic [2020] KEHC 1415 (KLR)
✦ The sentence of life imprisonment is set aside and substituted with 15 years imprisonment.
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In re Estate of Beatrice Wanjiku Ng’ok (Deceased) [2020] KEHC 2835 (KLR)
✦ A fresh grant will be issued in the joint names of the two applicants, and there is liberty to apply for confirmation of the grant before the expiry of the statutory period of six months.
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Mohammed Saleh Hassan v Feisal Jama T/A Kenuga Enterprise (Commercial Civil Case 152 of 2015) [2020] KEHC 2947 (KLR) (25 September 2020) (Ruling)
✦ The application for stay of execution pending appeal is dismissed.
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Dhanjal Brothers Limited v Joginder Singh Dhanjal & another [2020] KEHC 2878 (KLR)
✦ The Court found that the grounds of recusal have been laid and ordered the Honorable P.J. Otieno Judge to recuse himself from hearing the case.
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Kenya National Highways Authority v Ahmednasir Maalim Abdullahi [ (Civil Appeal 27 of 2020) [2020] KEHC 10098 (KLR) (25 September 2020) (Ruling)
✦ The application for stay of execution is dismissed.
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Charles Kamenyi v Bidco Africa & another [2020] KEHC 3063 (KLR)
✦ The appeal is dismissed with costs.
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JO v Republic [2020] KEHC 3078 (KLR)
✦ The appellant's convictions are quashed and sentences set aside due to material contradictions in the prosecution's case and the appellant's right to a fair trial.
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M S Shariff & Co Advocates v Omari Mbwana Zonga [2020] KEHC 2931 (KLR)
✦ The application is dismissed with costs as no triable issue has been disclosed
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Bernadette Amolo Okoth v Bash Hauliers Co. Ltd [2020] KEHC 2873 (KLR)
✦ The court finds that the appellant's evidence is not credible and that no negligence was proved against the respondent.
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Kenya Alliance Insurance Co. Ltd v Thomas Ochieng Apopa (suing as Administrator of the Estate of Pamela Agola Apopa) deceased [2020] KEHC 3120 (KLR)
✦ The court held that the trial magistrate did not err in finding the Appellant obligated to settle the decree in Ukwala SRM CC 3/2014, as the decree was obtained against the insured owner of the motor vehicle, Jecinta Wairimu.
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Clinton Odera Agenga v Republic [2020] KEHC 2832 (KLR)
✦ The appeal is incompetent as Section 348 of the Criminal Procedure Code bars an appeal against conviction where there was an unequivocal plea of guilty and the sentence was lawful.
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In re Estate of Kungu Waigi (Deceased) (Succession Cause 13 of 2017) [2020] KEHC 2880 (KLR) (25 September 2020) (Ruling)
✦ The grant of letters of administration to John Njuguna Kungu is revoked, and the land parcel LR.No. Limuru/Ngecha/2020 is re-instituted to the estate of Kungu Waigi.
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Mackenzie Maritime (K) Limited v Juma Dzombo Juma & another [2020] KEHC 2879 (KLR)
✦ The court found that the Appellant was liable for negligence that resulted in the accident, which caused the 1st Respondents to sustain injuries and apportioned liability at 30% against the Appellant.
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Richard Nyakundi Bonkoko v Republic [2020] KEHC 1402 (KLR)
✦ The appeal is dismissed. The evidence was reliable, the prosecution called sufficient witnesses, and the sentence is not harsh.
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Doshi Ironmongers Limited v Kenya Revenue Authority & 2 others [2020] KEHC 2862 (KLR)
✦ The court grants the petitioner's petition and orders the respondents to release all seized records and files, issue a prohibition order against further tax enforcement actions, and award damages.
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M S Shariff & Co Advocates v Omari Mbwana Zonga [2020] KEHC 2846 (KLR)
✦ The application is dismissed with costs as no triable issue has been disclosed
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M S Shariff & Co Advocates v Omari Mbwana Zonga [2020] KEHC 2836 (KLR)
✦ The retainer is disputed, and the advocate's application is dismissed. The advocate is directed to pursue the recovery of taxed costs through a suit for recovery of fees.