Kenyan case law
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Walubengo v Independent Electoral and Boundaries Commission & 2 others (Election Petition 2 of 2022) [2022] KEHC 14481 (KLR) (31 October 2022) (Ruling)
✦ The court ruled that the petitioner's interlocutory applications should be served and ruled upon by October 31, 2022, and the respondents should file their replies and written submissions by October 12, 2022.
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Mullah v Masinde Muliro University of Science & Technology (Constitutional Petition E002 of 2022) [2022] KEHC 14885 (KLR) (31 October 2022) (Judgment)
✦ The court finds that the petitioner's rights have been violated due to the delay in issuing the academic transcripts and degree certificate.
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In re Estate of Osundwa Chitechi (Deceased) (Succession Cause 357 of 1989) [2022] KEHC 14568 (KLR) (31 October 2022) (Ruling)
✦ The ruling is reviewed, and both sides are directed to file affidavits within 30 days to specify the amount and land apportioned to the four individuals.
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Oxbridge Limited v Guaranty Trust Bank (Kenya) Limited (Civil Case E059 of 2020) [2022] KEHC 14540 (KLR) (Commercial and Tax) (31 October 2022) (Judgment)
✦ The suit is dismissed
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Republic v Kelvin & another (Criminal Case 1 of 2017) [2022] KEHC 14645 (KLR) (31 October 2022) (Judgment)
✦ The court found that the deceased's death was not caused by an unlawful act or omission of the accused, and the injuries sustained were not consistent with self-defense.
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Kendi v Governor, Laikipia County & 2 others; Taiti & 6 others (Interested Parties) (Constitutional Petition E003 of 2022) [2022] KEHC 14541 (KLR) (31 October 2022) (Ruling)
✦ The court declines to issue any interim conservatory order due to the fair hearing of the petition and application.
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Crest Security Services Limited v Multiple ICD Kenya Limited (Civil Case 4 of 2021) [2022] KEHC 14812 (KLR) (31 October 2022) (Ruling)
✦ The High Court has jurisdiction to determine the application and the plaintiff is entitled to judgment on admission.
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In re Estate of GW (Petition E034 of 2021) [2022] KEHC 14714 (KLR) (31 October 2022) (Judgment)
✦ GW is declared to be suffering from mental disorder. JBW is appointed guardian and manager of GW's estate.
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MWN & 5 others v MMN & another (Civil Case 19 of 2011 & 74 of 2020 (Consolidated)) [2022] KEHC 14575 (KLR) (Family) (31 October 2022) (Ruling)
✦ The applicants cannot be joined in the matter as it has already been determined. The application is dismissed, and no order as to costs is made.
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Aoro v Odinga (Civil Appeal E023 of 2022) [2022] KEHC 14896 (KLR) (31 October 2022) (Judgment)
✦ The court found that the trial court erred in finding the appellant wholly liable for the accident and in apportioning 100% liability without considering the circumstances of the case.
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Maturi & another v Nyaboke Fam Limited & 3 others (Civil Case E009 of 2021) [2022] KEHC 14987 (KLR) (31 October 2022) (Ruling)
✦ The High Court lacks jurisdiction to hear the suit and the plaintiffs lack locus standi to sue on behalf of the deceased's estate.
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Commissioner of Domestic Taxes v Metoxide Africa Limited (Tax Appeal E121 of 2021) [2022] KEHC 14613 (KLR) (Commercial and Tax) (31 October 2022) (Judgment)
✦ The court allows the appeal and sets aside the Tribunal's judgment, upholding the Commissioner's decision to disallow the purchases and the corresponding assessments.
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Desert Commercial Shipping Limited & another v OCPD Changamwe Police & 2 others (Petition E071 of 2021) [2022] KEHC 14452 (KLR) (31 October 2022) (Judgment)
✦ The petitioners' vehicles were impounded without disclosing investigation details, which is in breach of their rights under articles 40, 47, and 50 of the Constitution and section 8 of the Traffic Act.
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Oscar Otieno Odongo t/a Odongo Investment Auctioneers v Diamond Trust Bank Kenya Limited (Civil Appeal 127 of 2021) [2022] KEHC 15050 (KLR) (31 October 2022) (Judgment)
✦ The Deputy Registrar's ruling to tax item 3 of the appellant's bill of costs is set aside. The bill is hereby taxed as follows: Receipt of Instructions 1,000, Fee before attachment 4,000, Commission on service on proclamation attachment 44,800, Hire of pick up a.
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Muigai & another v Co-operative Tribunal & another; Mwanzia (Interested Party) (Constitutional Petition E424 of 2021) [2022] KEHC 14557 (KLR) (Constitutional and Human Rights) (31 October 2022) (Ruling)
✦ The Court lacks jurisdiction to entertain the Petition
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Ongundo & another v Omwocha & another (Civil Appeal 13 of 2021) [2022] KEHC 15053 (KLR) (31 October 2022) (Judgment)
✦ The appeal is dismissed. The award of damages is upheld.
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Republic v Miruka (Criminal Case 14 of 2020) [2022] KEHC 14880 (KLR) (31 October 2022) (Judgment)
✦ The court found that the prosecution did not prove that the accused committed an unlawful act or omission that led to the death of the deceased, and that the prosecution's circumstantial evidence did not satisfy the conditions set out in Abanga alias Onyango v Republic.
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In re Estate of James Cleophas Otieno Okello (Deceased) (Succession Cause 416 of 2020) [2022] KEHC 14398 (KLR) (Family) (31 October 2022) (Ruling)
✦ The applicant's application fails, but the court directs that the application for confirmation of the grant and the response be heard on March 6, 2023.
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Commissioner of Customs and Border Control v Kenya Breweries Limited (Tax Appeal E157 of 2021) [2022] KEHC 14570 (KLR) (Commercial and Tax) (31 October 2022) (Judgment)
✦ The Commissioner's appeal is dismissed with costs to the Respondent.
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In re Estate of Mukhono Chibo (Deceased) (Succession Appeal E7 of 2022) [2022] KEHC 14538 (KLR) (31 October 2022) (Judgment)
✦ The trial court's order is set aside as it violated the right to be heard as a component of the right to a fair hearing. The estate must be distributed to the beneficiaries.
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Tom Ojienda & Associates v Speaker, Kakamega County Assembly (Miscellaneous Civil Application 170 of 2019) [2022] KEHC 14542 (KLR) (31 October 2022) (Ruling)
✦ Application is incompetent and merits consideration on merits
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Gathige v Republic (Miscellaneous Criminal Application E008 of 2022) [2022] KEHC 14733 (KLR) (31 October 2022) (Ruling)
✦ The court finds the application functus ocio and strikes it out for lack of merit
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Zan Steel Limited v Jumbo Steel Mills Limited (Insolvency Notice E105 of 2021) [2022] KEHC 14655 (KLR) (Commercial and Tax) (28 October 2022) (Ruling)
✦ The statutory demand is struck out as it was not signed by Jumbo and was not served on Zan, the debtor.
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Forest Lodge Ltd v Credit Bank Ltd (Commercial Civil Suit E676 of 2021) [2022] KEHC 14545 (KLR) (Commercial and Tax) (28 October 2022) (Ruling)
✦ The court granted the temporary injunction.
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Republic v Commissioner for Co-operative Development & 3 others; Nguku (Exparte); Umoja Wendani Sacco Society Ltd (Interested Party) (Application 71 of 2019) [2022] KEHC 18086 (KLR) (Judicial Review) (28 October 2022) (Ruling)
✦ The application is dismissed as the court has not been presented with any material upon which it can exercise its discretion and extend time to file the reference under paragraph 11(2) of the Remuneration Order.