Kenyan case law
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Futurerock Limited (Formerly Futureway Limited)) v National Oil Corporation of Kenya (Miscellaneous Civil Case 532 of 2018) [2022] KEHC 14423 (KLR) (Commercial and Tax) (28 October 2022) (Ruling)
✦ The application is found to be meritorious and is allowed as prayed.
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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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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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In re Estate of SAH (Miscellaneous Application 112 of 2022) [2022] KEHC 14927 (KLR) (Family) (28 October 2022) (Judgment)
✦ The court declares SAH to be a person suffering from mental illness under the terms of Section 26 of the Mental Health Act and appoints the petitioner as his Guardian and Manager of his affairs.
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Okoiti v Director of Public Prosecutions (Application E132 of 2021) [2022] KEHC 18053 (KLR) (Judicial Review) (28 October 2022) (Ruling)
✦ The application is dismissed.
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Gichamba v Gichamba & another (Succession Cause E2590 of 2021) [2022] KEHC 14750 (KLR) (Family) (28 October 2022) (Ruling)
✦ The court denies the application to be admitted as an interested party.
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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.
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Ashvin Ramnikai t/a Shvin Ranapara v Paramount Universla Limited (Miscellaneous Application E1259 of 2020) [2022] KEHC 14711 (KLR) (Commercial and Tax) (28 October 2022) (Ruling)
✦ The application is allowed, and leave is granted to the applicant to file an appeal out of time.
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Republic v Mwambao (Criminal Case 42 of 2018) [2022] KEHC 15371 (KLR) (28 October 2022) (Judgment)
✦ The court found that the prosecution proved its case beyond reasonable doubt and that the accused directly participated in the commission of the alleged offense.
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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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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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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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SNC v AMS (Family Appeal 36 of 2021) [2022] KEHC 14886 (KLR) (28 October 2022) (Ruling)
✦ The application for stay of execution of warrants of arrest is allowed.
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Koros v Republic (Criminal Appeal E012 of 2022) [2022] KEHC 14664 (KLR) (28 October 2022) (Ruling)
✦ The court dismisses the Appellant's application for bail pending appeal, finding no exceptional or unusual circumstances warranting bail.
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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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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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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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Kariuki v Muthini (Civil Appeal E047 of 2021) [2022] KEHC 14476 (KLR) (28 October 2022) (Judgment)
✦ The court finds the appellant 100% liable for the accident and upholds the trial court's findings on liability. The court also upholds the trial court's award of damages, finding it not inordinately low.
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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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Duckworth v Duckworth & 2 others (Civil Case 485 of 2017) [2022] KEHC 14597 (KLR) (Commercial and Tax) (28 October 2022) (Ruling)
✦ The suit property has already been transferred, and the prayer for injunction is declined. Ms. Idah Gatwiri Marangu and Daniel Mue Peter are hereby enjoined as the 4th and 5th defendant.
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In re Estate of Johnstone Habil Olembo (Deceased) (Succession Cause 1598 of 2012) [2022] KEHC 14778 (KLR) (Family) (28 October 2022) (Judgment)
✦ The grant should not be revoked as the applicant has not provided specific evidence of fraud or concealment of material facts.
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Stephenson v Standard Group Limited (Civil Suit 249 of 2016) [2022] KEHC 14922 (KLR) (Civ) (28 October 2022) (Judgment)
✦ The Court finds that the Plaintiff failed to prove his case on a balance of probabilities and dismisses the suit with costs to the Defendant.
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BB (Suing as the Legal Representative of the Estate of the Late NN - Deceased Minor) v Waweru (Civil Appeal 67 of 2011) [2022] KEHC 14755 (KLR) (Civ) (28 October 2022) (Judgment)
✦ The appeal is dismissed. The trial court's judgment is upheld.
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FMB v MBM (Originating Summons 11 of 2022) [2022] KEHC 14776 (KLR) (28 October 2022) (Ruling)
✦ The court ordered the OCS Bungoma police station to impound and hold the motor vehicle until further orders from the court.
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KPM v JWK (Civil Appeal 83 of 2019) [2022] KEHC 14610 (KLR) (Family) (28 October 2022) (Judgment)
✦ The appeal is dismissed with costs