Kenyan case law
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Palm Oil Transportes Ltd v Kenfreight E.A. Ltd (Commercial Case E028 of 2020) [2022] KEHC 14327 (KLR) (Commercial and Tax) (28 October 2022) (Ruling)
✦ The court allows the application for Norwich Pharmacol Order against Kenya Revenue Authority, subject to certain conditions.
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Mangenge v Masai & another (Civil Appeal E020 of 2022) [2022] KEHC 14851 (KLR) (28 October 2022) (Ruling)
✦ The court reviews the ruling and deletes paragraph 12 of the ruling, and also deletes orders 2 and 3 of the ruling relating to the payment of Kshs 50,000/= to the respondent.
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In re Estate of Philip Nzamba Kitonga (Deceased) (Succession Cause 1884 of 2021) [2022] KEHC 14932 (KLR) (Family) (28 October 2022) (Ruling)
✦ The grant of probate is revoked and the estate is to be redistributed.
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In re Estate of Pius Kimani Mwaura (Deceased) (Miscellaneous Application E051 of 2022) [2022] KEHC 14916 (KLR) (Civ) (28 October 2022) (Ruling)
✦ The court holds that the applicants have no locus standi to file the application as representatives of the estate of Jackson Miringu Kimani.
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Matumbo Company Limited v Kihara & another (Civil Suit 37 of 2013) [2022] KEHC 15016 (KLR) (Civ) (28 October 2022) (Ruling)
✦ The court is persuaded that the arguments advanced by the applicant have merit, but the remedy lies in transferring the suit to the Environment and Land Court for hearing and determination.
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Koskei v Republic (Criminal Appeal 15 of 2020) [2022] KEHC 14668 (KLR) (28 October 2022) (Ruling)
✦ The period of 8 months is deducted from the 10 years sentence, starting from June 6, 2019.
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Mwangi & another v Kimani & 5 others (Civil Appeal 200 of 2020) [2022] KEHC 14905 (KLR) (Civ) (28 October 2022) (Judgment)
✦ The appeal is dismissed with costs
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Republic v Yegon (Criminal Case 9 of 2020) [2022] KEHC 14699 (KLR) (28 October 2022) (Sentence)
✦ The accused is sentenced to 20 years imprisonment
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Intex Construction Limited & 5 others v African Banking Corporation Ltd (Civil Suit E607 of 2021) [2022] KEHC 14521 (KLR) (Commercial and Tax) (28 October 2022) (Ruling)
✦ The plaintiffs' application is granted.
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Republic v Mbinda (Criminal Revision E067 of 2022) [2022] KEHC 14515 (KLR) (Crim) (28 October 2022) (Ruling)
✦ The court denies bail but directs the motion to be renewed after the two minor children and potential vulnerable witnesses have testified.
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Jiinue Company Limited v Super Metro Limited (Commercial Petition E011 of 2021) [2022] KEHC 14479 (KLR) (Commercial and Tax) (28 October 2022) (Ruling)
✦ The court orders the suit to be stayed and the dispute referred to arbitration
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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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Kaigai v Equity Bank (Kenya) Limited (Civil Suit E031 of 2022) [2022] KEHC 14522 (KLR) (Commercial and Tax) (28 October 2022) (Ruling)
✦ The application is dismissed with costs.
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Gathoga v Kangara & another (Civil Appeal 135 of 2018) [2022] KEHC 14921 (KLR) (Civ) (28 October 2022) (Judgment)
✦ The appeal is allowed on the issue of liability. The judgment of the lower court is hereby set aside in its entirety and this court substitutes therefor an order dismissing the 1st Respondent's suit in the lower court.
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Japhet C. Chidzipha t/a J .C Chidzipha & Co. Advocate v Kayaja (Miscellaneous Application E022 of 2021) [2022] KEHC 14629 (KLR) (28 October 2022) (Ruling)
✦ The bill of costs is struck out with costs to the respondent/applicant
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In re Estate of Michael Kahihu Thiong’o alias Michael Kahihu Thiongoh (Deceased) (Succession Cause 1212 of 2008) [2022] KEHC 14399 (KLR) (Family) (28 October 2022) (Ruling)
✦ The application is dismissed with costs.
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Mwijuma v Republic (Criminal Appeal E059 of 2021) [2022] KEHC 14700 (KLR) (28 October 2022) (Judgment)
✦ The court found no massive contradictions and discrepancies in the prosecution's case. The prosecution proved its case beyond reasonable doubt. The doctor's evidence corroborated with the complainant's evidence. The court considered the appellant's defense and mitigation.
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Amondi v Daily Nation Newspaper (Sunsidiary of Nation Media Group) (Civil Appeal E736 of 2021) [2022] KEHC 14537 (KLR) (Civ) (28 October 2022) (Ruling)
✦ The application is declined and dismissed as the appellant has not proved contempt as the court's power to condemn any party for contempt is an enforcement power of last resort.
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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 Owaga (Criminal Case E052 of 2022) [2022] KEHC 14364 (KLR) (Crim) (28 October 2022) (Ruling)
✦ Bail is refused at this stage, but the trial is ordered to be fast-tracked in the interests of justice.
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Phill Limited & another v Muisyo & another (Suing on behalf of the Estate of Walter Musoki Muisyo (Deceased)) (Civil Appeal E020 “B” of 2020) [2022] KEHC 14666 (KLR) (28 October 2022) (Judgment)
✦ I find that the Appellants were not 100% liable for the accident. Liability is apportioned at 70:30% in favour of the Respondents against the Appellants. The award of damages is upheld but reduced by 30%.
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Amos & 3 others v Kimani (Administrator of the Estate of late Francis Mburu Kimani & 7 others (Civil Suit 593 of 2014) [2022] KEHC 14647 (KLR) (Commercial and Tax) (28 October 2022) (Ruling)
✦ The court denied the application to set aside the orders made on May 3, 2021.
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Republic v Onchiri (Criminal Case E055 of 2022) [2022] KEHC 14304 (KLR) (Crim) (28 October 2022) (Ruling)
✦ The court denied bail due to compelling reasons, including the likelihood of interference with potential witnesses and the need to ensure the accused attends trial.
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Republic v Koim (Criminal Case 17 of 2017) [2022] KEHC 14619 (KLR) (28 October 2022) (Sentence)
✦ The accused is sentenced to seven years in prison, with a requirement to pay Kshs 100,000 in congnisance and to keep the peace and be of good conduct for one year.
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UAP Insurance Company Limited v Mungai (Civil Suit 275 of 2016) [2022] KEHC 14911 (KLR) (Civ) (28 October 2022) (Ruling)
✦ The court finds the defendant guilty of contempt of court and directs him to file an affidavit or submissions in mitigation.