Kenyan case law
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Mulongo v Republic (Criminal Appeal 92 of 2019) [2023] KEHC 26702 (KLR) (20 December 2023) (Ruling)
✦ Appellant's application for re-sentencing is devoid of merit and dismissed
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Odhiambo v Adede (Civil Appeal E033 of 2022) [2023] KEHC 26629 (KLR) (20 December 2023) (Judgment)
✦ The court overturns the award of Kshs.500,000/= general damages and replaces it with Kshs.300,000/=, considering the respondent's contributory negligence.
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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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Otachi v Otondo (Civil Appeal E135 of 2023) [2023] KEHC 27133 (KLR) (20 December 2023) (Ruling)
✦ The Court grants the stay of execution pending appeal.
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Lunda v Republic (Criminal Appeal E088 of 2022) [2023] KEHC 27089 (KLR) (20 December 2023) (Judgment)
✦ The appeal is dismissed. The conviction and sentence are upheld.
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Thuranira v Munene (Civil Appeal 150 of 2021) [2023] KEHC 27210 (KLR) (20 December 2023) (Ruling)
✦ The appeal is dismissed due to the incompleteness of the record of appeal
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Mboto v Republic (Criminal Appeal E011 of 2022) [2023] KEHC 26729 (KLR) (20 December 2023) (Judgment)
✦ The court found that the appellant was guilty of rape and robbery with violence, and the sentence was upheld.
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Republic v General; Ndichu (Exparte) (Judicial Review Miscellaneous Application E159 of 2023) [2023] KEHC 26853 (KLR) (Judicial Review) (20 December 2023) (Ruling)
✦ The application for leave to apply for judicial review is allowed.
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Kamau v Kamau & 3 others (Civil Suit 314 of 2011) [2023] KEHC 27082 (KLR) (Civ) (20 December 2023) (Ruling)
✦ The court dismisses the plaintiff's motion and grants costs to the defendants
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Hussein v Janji (Civil Appeal E121 of 2023) [2023] KEHC 27379 (KLR) (20 December 2023) (Judgment)
✦ The award of Kshs. 3,000,000 is set aside and substituted with a sum of Kshs. 1,400,000.
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AOO v EAO (Civil Appeal E016 of 2023) [2023] KEHC 27261 (KLR) (20 December 2023) (Judgment)
✦ The appeal is dismissed. The trial court's judgment is upheld.
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In re Estate of Kipkosgei Bwalei Kerich alias Kipkosgei Bwalei (Deceased) (Probate & Administration 02 of 2021) [2023] KEHC 27215 (KLR) (20 December 2023) (Ruling)
✦ The application is dismissed as premature and the Objector has failed to establish fraud or other grounds for annulment or revocation.
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Kahindi v Rabadia (Civil Appeal E123 of 2023) [2023] KEHC 27341 (KLR) (20 December 2023) (Judgment)
✦ The appeal is allowed, and the judgment of the lower court is set aside. The suit is dismissed with costs to the appellant.
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Paragon Electronics Limited v Steve Kimathi t/a Andrew & Steve Advocates (Civil Suit 38 of 2019) [2023] KEHC 26741 (KLR) (Civ) (20 December 2023) (Ruling)
✦ The court declines to adopt the undated Deed of Settlement and directs that the matter be held in abeyance until the full details of the summary judgment in Nairobi Milimani MCCC E11231 of 2021 become clear.
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AIPCA Nyandarua North Diocesan Committee (Through its officials namely: - Rt Rev David Kiboi Mundia (Bishop) Joseph Kimani Wakahiu (Chairman) Alfred Wachira Mugo (Secretary)Joseph Maina Ngatia (Treasurer)) v AIPCA Nyandarua North Diocesan Co (Through its officials namely: - John Maina Nyambura (Chairman) Teresia Wanjiru Kinuthia (Secretary) Monica Nyawira (Treasurer)) (Civil Appeal E007 of 2021) [2023] KEHC 27057 (KLR) (20 December 2023) (Judgment)
✦ The appeal should be dismissed for want of prosecution.
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In re Estate of Mbau Kinyuru alias Mbau Kinyuru Njuguna (Deceased) (Succession Cause 144 of 2017) [2023] KEHC 26734 (KLR) (20 December 2023) (Ruling)
✦ The grant of letters of administration and the certificate of confirmation of grant are revoked.
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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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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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Magawi v Republic (Criminal Appeal E071 of 2022) [2023] KEHC 27017 (KLR) (20 December 2023) (Judgment)
✦ The conviction is upheld, but the sentence is reduced from 20 years to 15 years. The court sets aside the original sentence and substitutes it with a 15-year sentence, commencing on the date of plea, 2/8/2021.
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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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Achieng v Republic (Criminal Revision 108 of 2023) [2023] KEHC 26647 (KLR) (20 December 2023) (Ruling)
✦ The application is not certified urgent. The Deputy Registrar is directed to avail the lower court file untyped within 60 days from the date hereof. The applicant is directed to serve the respondent with the application and the order of this court within 7 days from the date hereof. Upon service, the respondent is directed to file a response within 14 days. The matter shall be mentioned on 14th March 2024 for directions.
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GMM alias WM v SAS (Family Appeal E026 of 2023) [2023] KEHC 27384 (KLR) (20 December 2023) (Ruling)
✦ The Court sets aside the warrants of arrest against the Appellant and dismisses the Respondent's application. The Court orders the appeal to be heard on a priority basis.
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Mkiita v Republic (Criminal Appeal E010 of 2023) [2023] KEHC 27019 (KLR) (20 December 2023) (Judgment)
✦ The conviction is quashed and the case is ordered for retrial
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Anyona v Wells Oil Limited & 2 others (Civil Appeal E091 of 2022) [2023] KEHC 26833 (KLR) (20 December 2023) (Judgment)
✦ The court affirmed the judgment of the trial court, holding that the appellant failed to prove her case on a balance of probabilities.
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Mtuwani & 3 others v Karina (Family Appeal E019 of 2023) [2023] KEHC 27265 (KLR) (20 December 2023) (Ruling)
✦ The application is allowed, and the appellants are granted the orders sought.