Kenyan case law
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M’ringera v Kimathi (Environment & Land Case E020 of 2023) [2024] KEMC 110 (KLR) (28 June 2024) (Judgment)
✦ The court finds in favor of the plaintiff, Daniel Muriuki M’Ringer, and orders eviction and permanent injunction against Nathaniel Kimathi.
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Miriti v Maina & another (Civil Case E013 of 2023) [2024] KEMC 112 (KLR) (28 June 2024) (Judgment)
✦ The court awards Kshs 20,550/= for special damages with interest at 14% from the date of filing the suit, and Kshs 270,000/= for general damages for pain, suffering, and loss of amenities, less 20% contributory negligence.
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In re Estate of M’imwonyo M’mukunga (Deceased) (Succession Cause 35 of 2017) [2024] KEMC 109 (KLR) (28 June 2024) (Judgment)
✦ The court orders the deceased's total survivors to be counted as six units (five living and one deceased), and the 2 parcels to be subdivided into 6 portions and shared equally amongst all six survivors.
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M'Mwongera & another v M’Mwongera & 4 others (Succession Cause E086 of 2022) [2024] KEMC 103 (KLR) (28 June 2024) (Judgment)
✦ The court ruled that the estate should be shared equally between all beneficiaries, including sons and daughters, under Section 35 of the Law of Succession Act.
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Kang’ethe v Nkirote & another (Environment & Land Case E004 of 2024) [2024] KEMC 121 (KLR) (28 June 2024) (Ruling)
✦ The suit is res judicata and an abuse of the court process, and is dismissed with costs.
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In re Estate of Justus M’kirera Murebu (Deceased) (Succession Cause E098 of 2022) [2024] KEMC 107 (KLR) (28 June 2024) (Judgment)
✦ Silas and Stephen are not entitled to a share of the estate as they received their 3 acres each during the deceased's lifetime.
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Mutea & another v M’Nabea (Civil Case E022 of 2023) [2024] KEMC 126 (KLR) (28 June 2024) (Judgment)
✦ Eviction of the defendant and a permanent injunction restraining trespassing are ordered. General damages for breach of contract are dismissed.
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Riungu v Ndambithe (Chairman Kibacha Water Project) & another (Environment & Land Case 7 of 2021) [2024] KEMC 98 (KLR) (28 June 2024) (Judgment)
✦ The trial court lacks jurisdiction to entertain the suit and the appeal is dismissed.
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In re Estate of Joseph Manyara (Deceased) (Succession Cause 25 of 2016) [2024] KEMC 87 (KLR) (28 June 2024) (Judgment)
✦ The court found that the applicant did not participate in the succession cause due to indolence and intransigence, and that the grant was not obtained fraudulently. The court therefore dismissed the application.
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Republic v Nyagah (Sexual Offence 27 of 2020) [2024] KEMC 14 (KLR) (27 June 2024) (Judgment)
✦ The accused is found guilty of delement and abuse of position of authority, and the appeal is dismissed.
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SWK v SOO (Divorce Cause 82 of 2020) [2024] KEMC 15 (KLR) (27 June 2024) (Judgment)
✦ The court allows the petition dated 28th January 2020, dissolving the marriage between the parties.
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Republic v Muriuki & another (Criminal Case E146 of 2024) [2024] KEMC 101 (KLR) (26 June 2024) (Judgment)
✦ The 1st accused is guilty of shop-breaking and stealing and is convicted under section 215 of the Criminal Procedure Code.
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In re Estate of Nzioka Nduva Ithia (Deceased) (Citation Cause E022 of 2023) [2024] KEMC 77 (KLR) (24 June 2024) (Ruling)
✦ The Court finds the objection against adoption of the mediation agreement absolutely unfounded.
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Munyanya v Vertex Builders Limited (Civil Suit 3099 of 2018) [2024] KEMC 84 (KLR) (21 June 2024) (Judgment)
✦ The court finds the defendants 100% liable for the accident.
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Masterfound Investments Limited v Maina & another (Civil Suit 358 of 2023) [2024] KEMC 156 (KLR) (20 June 2024) (Ruling)
✦ The court returns the plaint to the Small Claims Court
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Ochomba v Mwangi & 2 others (Civil Suit E611 of 2023) [2024] KEMC 154 (KLR) (20 June 2024) (Judgment)
✦ The court awards Kshs. 250,000 for the plaintiff's multiple soft-tissue injuries and Kshs. 20,550 for special damages, totalling Kshs. 270,550.
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In re Estate of M'Naituri M'Rutere alias Naituri s/o Rutere (Succession Cause 8 of 2020) [2024] KEMC 119 (KLR) (14 June 2024) (Ruling)
✦ The application for reinstatement is dismissed with costs to the respondent.
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Republic v Otwori (Criminal Case E005 of 2022) [2024] KEMC 167 (KLR) (13 June 2024) (Ruling)
✦ The court finds no prima facie case and enters a finding of not guilty.
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Republic v Kaumbuthu & 2 others (Criminal Case 304 of 2020) [2024] KEMC 104 (KLR) (13 June 2024) (Judgment)
✦ The court found the 3 accused persons guilty of arson and acquitted them of the other charges.
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In re Estate of M’rinkanya M’itwamwaru (Deceased) (Succession Cause 30B of 2020) [2024] KEMC 108 (KLR) (12 June 2024) (Judgment)
✦ The court finds that Julius has a protectable interest in the estate parcel Abothuguchi/Gaitu/510 and that the failure to finalize formalities does not deprive him of a protectable interest.
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Republic v Musau (Criminal Case 161 of 2020) [2024] KEMC 42 (KLR) (10 June 2024) (Judgment)
✦ The court finds the accused not guilty of both charges and acquits him.
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Republic v Koome (Criminal Case E007 of 2022) [2024] KEMC 114 (KLR) (7 June 2024) (Judgment)
✦ The accused is convicted of possession of narcotic drugs contrary to section 3(2) of the Narcotic Drugs and Psychotropic Substances (Control) Act No. 4 of 1994.
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DCI Nakuru East v Safaricom Kenya Limited (Miscellaneous Criminal Case E275 of 2024) [2024] KEMC 149 (KLR) (6 June 2024) (Ruling)
✦ The application is allowed, and necessary warrants and orders are issued accordingly.
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DM & 2 others (Suing through JLG) v SKM (Children's Case 52 of 2016) [2024] KEMC 161 (KLR) (6 June 2024) (Ruling)
✦ Application dismissed as an abuse of the court process and/or unfounded
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In re Makau Musau (Inquest 1 of 2022) [2024] KEMC 25 (KLR) (3 June 2024) (Judgment)
✦ Junior Mwaka and James Mwangi Murage are found criminally culpable for traffic offenses.