Kenyan case law
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Rameshchandra Somchand Shah & another v Palm Healthcare International Limited (In Receivership & 3 others [2020] KEHC 10126 (KLR)
✦ The court allows the appeal out of time but denies the prayer for a stay of proceedings pending appeal.
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Khadijah Abdi Bonaya v Republic [2020] KEHC 401 (KLR)
✦ The conviction is quashed and the sentences set aside. The appellant is set free.
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Martin Munene Mwai v Attorney General [2020] KEHC 3045 (KLR)
✦ The Plaintiff's suit is partially merited, and a declaration is granted that his arrest, prosecution, and sentence were illegal and in breach of his constitutional rights.
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Julius Mwirigi Manyara Samsom v Alexander Kithure [2020] KEHC 3111 (KLR)
✦ The reference is dismissed, and the Deputy Registrar's final orders are varied to require the respondent to pay the entire agreed sum of Kshs. 500,000/- as per the settlement of the parties.
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Kahindi Wambugu & another v Jeremiah Wanyiri Wambugu [2020] KEHC 2883 (KLR)
✦ The appeal is dismissed.
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Reuben Muange Ndambuki v Republic [2020] KEHC 2985 (KLR)
✦ The death sentence is not mandatory and judicial discretion is restored. The case is remitted for sentence rehearing.
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Abdikadir Mohamed Osman v Republic [2020] KEHC 2917 (KLR)
✦ The victim was found to be a child as defined under the Children's Act No. 8 of 2001. The victim was not defiled, and the sentence was excessive.
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Nehemiah Stonebic Misiani t/a Stonebic High School v Radio Africa Group Limited & 2 others [2020] KEHC 2859 (KLR)
✦ The court allowed the appellant's application and dismissed the respondents' preliminary objection.
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Republic v Director of Public Prosecutions & 4 others; Ex-Parte Ashford Gerrard Riungu [2020] KEHC 3126 (KLR)
✦ The prosecution of the applicant is devoid of merit and actuated by malice, and is against public interest.
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Republic v Director of Public Prosecutions & another; John Ngugi Kabogo (Interested Party) Ex parte Harrison Wangoro Mwangi & another [2020] KEHC 10090 (KLR)
✦ The court found the summoning and charging of the applicants to be illegal and a violation of the Rule of Law.
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CM v Republic [2020] KEHC 2964 (KLR)
✦ The conviction and sentence are quashed, and the appellant is set at liberty
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Simon Unda Katana v Deeman Construction Co Ltd & 4 others [2020] KEHC 3092 (KLR)
✦ The execution process was irregular and must be stopped
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Paul Makokha Okoiti v Equity Bank Limited & another [2020] KEHC 3053 (KLR)
✦ The application is dismissed with costs as it lacks merit.
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MNK & another v Bolpack Trading Co. Limited & 3 others [2020] KEHC 3031 (KLR)
✦ The plaintiffs' claims are dismissed.
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Washington Odera Sireka v Githaiga Kamwenji & Scania East Africa Limited (Civil Case 182 of 2015) [2020] KEHC 10107 (KLR) (Civ) (24 September 2020) (Judgment)
✦ Plaintiff's case is dismissed
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Daniel Ngure Wamunga & another v Republic [2020] KEHC 2913 (KLR)
✦ The court held that the prosecution evidence was sufficient to prove the offence of simple robbery under Section 296(1) of the Penal Code, and the trial court's conviction and sentence were upheld.
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Danmillan Mutisya Musyoki v Paws Africa Safaris Limited [2020] KEHC 3114 (KLR)
✦ The appeal is allowed, the trial court's order dismissing the appellant's suit for want of prosecution is set aside, and the suit is reinstated.
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CYO Owayo v GS Okoth t/a Okoth & Co Advocates [2020] KEHC 1119 (KLR)
✦ The Deputy Registrar erred in principle in assessing the instruction fees at Kshs 45,000/- and in disallowing correspondence between the parties.
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Julius Kirimi Nkabu v Grace Gauku Nkabu & another [2020] KEHC 45 (KLR)
✦ The application is dismissed with costs to the respondent.
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Mohammed Hassan Ibrahim v Tabitha Njoki Kanyiru & Cyprian Kaibung’a (Suing as the Legal Representative of the Estate of Pancras Kanyiri Inebu [2020] KEHC 3048 (KLR)
✦ The application for stay of execution of orders pending appeal should not be granted.
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Cannon Assurance Company Limited v Eric Maina [2020] KEHC 3065 (KLR)
✦ An order for stay of execution pending appeal is granted on the condition that the appellant deposits the entire decretal sum in an interest-earning account within 30 days.
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John Mbaya Mucheke v Kaberia E Limukii, Felix Mutua Mailu, Equity Bank Limited E W Mwangi t/a Excellence A & Integrity Auctioners) (Civil Appeal 104 of 2019) [2020] KEHC 3084 (KLR) (24 September 2020) (Ruling)
✦ The application is allowed, and the order for the deposit of Kshs. 2 million as security is reviewed and set aside. The applicant is ordered to deposit the title deed for Parcel No. Nkuene/Taita/3154 and a certificate of search in respect thereof.
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Republic v Daniel Kipkurui Kibowen [2020] KEHC 2949 (KLR)
✦ The prosecution has established a prima facie case, and the accused shall be put on his defence.
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In re Estate of Peter Ngumbi Mulei (Deceased) [2020] KEHC 3093 (KLR)
✦ The grant of letters of administration is revoked due to the untrue allegation of a fact essential in point of law to justify the grant.
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Africa Apparels EPZ Limited v John Namisi Kiveu [2020] KEHC 3070 (KLR)
✦ The appeal is allowed, and the judgment of the trial court is set aside. The suit is dismissed with costs to the appellant.