Kenyan case law
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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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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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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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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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Speaker of the County Assembly of Siaya County v Standard Group Limited (Constitutional Petition E246 of 2021) [2022] KEHC 14533 (KLR) (Constitutional and Human Rights) (28 October 2022) (Judgment)
✦ The Petition is dismissed with costs.
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Jade International Shipping Line DMCC v The Owner of the Motor Vessel ‘Mirembe Judith’ (Admiralty Cause M001 of 2022) [2022] KEHC 17110 (KLR) (28 October 2022) (Ruling)
✦ The Court found that it had jurisdiction to hear the case and that there was a valid charterparty.
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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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In Estate of James Maina Nzioki (Deceased) (Succession Cause 186 of 2014) [2022] KEHC 14930 (KLR) (28 October 2022) (Ruling)
✦ The grant should not be revoked as the applicant did not provide evidence of fraud or defects in the proceedings. The respondent should provide for accounts for the estate.
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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 Ministry for Interior and Co-ordination of National Government & 3 others; Lina (Exparte) (Application E073 of 2021) [2022] KEHC 18056 (KLR) (Judicial Review) (28 October 2022) (Judgment)
✦ The applicant's motion is struck out with costs as the decision of May 21, 2019 was not the subject of the judicial review proceedings.
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Mugi v SBM Bank (K) Limited & 2 others (Civil Suit 027 of 2021) [2022] KEHC 14525 (KLR) (Commercial and Tax) (28 October 2022) (Ruling)
✦ The application is allowed as prayed, and the costs are awarded to the plaintiff
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Chadha v Chadha & another (Civil Suit E660 of 2021) [2022] KEHC 14546 (KLR) (Commercial and Tax) (28 October 2022) (Ruling)
✦ The suit is an abuse of court and is struck out with costs to the 1st defendant.
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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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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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KPM v JWK (Civil Appeal 83 of 2019) [2022] KEHC 14610 (KLR) (Family) (28 October 2022) (Judgment)
✦ The appeal is dismissed with costs
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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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NCBA Bank Kenya PLC v Sheng Shuang Quarry Ltd (In Receivership) & 2 others (Civil Case E407 & 25 of 2019 (Consolidated)) [2022] KEHC 14601 (KLR) (Commercial and Tax) (28 October 2022) (Ruling)
✦ The application is granted, and leave is granted to continue with the proceedings in the name of Sheng Shuang Quarry Ltd which is under receivership.
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Shah and Parekh v Kenindia Assurance Company Limited (Miscellaneous Civil Application 492 of 2018) [2022] KEHC 14775 (KLR) (Civ) (28 October 2022) (Ruling)
✦ Court allows applicant's motion with costs, renders respondent's motion moot
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Piedmont Investments Ltd v Polo Money Services Ltd (Civil Case 12 of 2015) [2022] KEHC 14596 (KLR) (Commercial and Tax) (28 October 2022) (Ruling)
✦ The plaintiff's application is dismissed with costs as the delay in payment was inordinate and the plaintiff failed to inform the defendant of the difficulties immediately after the agreed time.
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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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Japhet C Chidzipha t/a J C Chidzipha & Co. Advocate v Kayaja (Miscellaneous Application E023 of 2021) [2022] KEHC 14459 (KLR) (28 October 2022) (Ruling)
✦ The bill of costs is struck out as the claim for legal fees is time barred under the Limitation of Actions Act
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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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Mugambi Zakayo Nteere Enterprises Ltd & 2 others v Kabutu Enterprises Ltd & another (Civil Case E010 of 2022) [2022] KEHC 14637 (KLR) (27 October 2022) (Ruling)
✦ The third plaintiff is struck out of the suit due to lack of legal capacity. The temporary injunction is barred and set aside. The suit is stayed pending the determination of another case.
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Bwari v Republic (Criminal Appeal E015 of 2022) [2022] KEHC 14694 (KLR) (27 October 2022) (Judgment)
✦ Appeal dismissed due to overtaking of events
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Owuor v Republic (Miscellaneous Criminal Application E034 of 2021) [2022] KEHC 14438 (KLR) (27 October 2022) (Judgment)
✦ The application is dismissed.