Kenyan case law
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Republic v Mutie (Sexual Offence E067 of 2021) [2024] KEMC 36 (KLR) (2 May 2024) (Judgment)
✦ The Accused is found guilty of incest by a male person and convicted under section 215 of the Criminal Procedure Code.
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Gateru & another (Suing as the Legal Administrators of the Estate of EK (Deceased)) v Regina & another (Civil Case 237 of 2019) [2024] KEMC 160 (KLR) (25 April 2024) (Judgment)
✦ The plaintiffs' claim for general damages is dismissed due to lack of proof of negligence on the part of the defendants. The plaintiffs are granted special damages of Kshs. 127,200, costs from the date of filing up to the date of judgment, and interest.
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Muithya v Kenya Women Microfinance Bank Plc (Environment & Land Case E091 of 2023) [2024] KEMC 32 (KLR) (18 April 2024) (Ruling)
✦ The suit is incompetent and void ab initio due to the court's lack of jurisdiction over the matter.
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Republic v Wabwile alias Cherop (Sexual Offence E007 of 2024) [2024] KEMC 83 (KLR) (15 April 2024) (Sentence)
✦ A non-custodial sentence was not justified due to the harm caused to the child and the public interest in deterrence.
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Wanyoike (Suing as the Legal Representative and Administrator of the Estate of Regina Wangari Wanyoike) v Nimke Investment Limited & another (Civil Case E042 of 2022) [2024] KEMC 60 (KLR) (11 April 2024) (Judgment)
✦ The court finds the 1st defendant 100% liable and the 2nd defendant vicariously liable. The plaintiff is awarded Kshs. 1,053,379 in total damages, including Kshs. 800,000 in general damages and Kshs. 253,379 in special damages.
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Kanyuira v Kironyo & 3 others (Environment & Land Case 57 of 2019) [2024] KEMC 74 (KLR) (4 April 2024) (Judgment)
✦ The court finds that the plaintiff's claim is not time-barred and that the 2nd and 3rd defendant are bona fide purchasers for value without notice.
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Mutuma v Mugure (Civil Suit E725 of 2021) [2024] KEMC 12 (KLR) (3 April 2024) (Judgment)
✦ The court finds the defendant liable for the accident and awards general damages for pain and suffering, special damages of KES 5,000, costs of the suit, and interest at court rates.
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Wambua v Mutave & another (Civil Case E038 of 2024) [2024] KEMC 7 (KLR) (2 April 2024) (Judgment)
✦ The body of the deceased shall be interred at L.R. Kathiani/Ithaeni/659.
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Matiri & another (Suing as the Legal Representative of Joseph Nkonge Matiri) v Matiri & another (Environment & Land Case E070 of 2018) [2024] KEMC 123 (KLR) (28 March 2024) (Judgment)
✦ The court held that the defendants do not hold the parcels in trust for the plaintiffs and their clan/family as pleaded.
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Mutumba v Lieuxeying & another (Cause 89 of 2022) [2024] KEMC 175 (KLR) (28 March 2024) (Ruling)
✦ The suit against the 1st Respondent is struck out but with no orders on costs.
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In re Raymond Ikonya Kimani (Deceased) (Inquest 6 of 2017) [2024] KEMC 75 (KLR) (28 March 2024) (Ruling)
✦ The deceased was Raymond Ikonya Kimani. The cause of death was asphyxiation due to blunt force trauma. The commission by some unknown persons has been disclosed.
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Silas & another v Kathambi & 2 others (Family Cause 008 of 2024) [2024] KEMC 5 (KLR) (28 March 2024) (Judgment)
✦ The court grants a stay of execution for 14 days, from April 2nd, 2024, to allow for the appeal process.
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Republic v Chaka (Criminal Case E061, E062, E063 & E064 of 2024 (Consolidated)) [2024] KEMC 6 (KLR) (28 March 2024) (Ruling)
✦ The Public Health (Control of Shisha Smoking) Rules 2017 are in force and the accused persons can be convicted for acts that were not considered illegal at the time they were committed.
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Republic v Mawira (Criminal Case E603 of 2023) [2024] KEMC 111 (KLR) (27 March 2024) (Judgment)
✦ The accused is found guilty of handling stolen goods under section 322(2) of the Penal Code
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Republic v M’mburi (Criminal Case E604 of 2023) [2024] KEMC 115 (KLR) (21 March 2024) (Judgment)
✦ The accused is found guilty of malicious damage to property and is convicted under section 215 of the Criminal Procedure Code.
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In re Inquest Into the Sudden Death of Martin Gituma Under Sections 385 and 387 of the Criminal Procedure Code Cap 75 Laws of Kenya (Inquest E002 of 2023) [2024] KEMC 3 (KLR) (21 March 2024) (Judgment)
✦ The dying declaration made by the deceased is admissible in court.
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Otwali v Waweru & another (Enviromental and Land Originating Summons E199 of 2021) [2024] KEMC 171 (KLR) (19 March 2024) (Judgment)
✦ The court declares the plaintiff as the legal owner of the land by adverse possession, directs the land registrar to rectify the land register, and dispenses with the original title deed.
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Republic v Nyamu (Sexual Offence E009 of 2023) [2024] KEMC 4 (KLR) (15 March 2024) (Ruling)
✦ The court finds the complainant's testimony not credible and acquits the accused of all charges.
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Progressive Credit Limited v Lusala (Civil Suit E082 of 2022) [2024] KEMC 142 (KLR) (14 March 2024) (Judgment)
✦ The court finds that an informal charge was created, and the defendant is in default. The court orders vacant possession and sale of the security.
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Republic v Maitha (Criminal Case E348 of 2022) [2024] KEMC 174 (KLR) (13 March 2024) (Judgment)
✦ The accused was found in possession of the sack containing elephant tusks and was dealing in wildlife trophy of an endangered species.
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Raburu v Airtel Network Kenya Limited (Civil Suit 198 of 2023) [2024] KEMC 1 (KLR) (11 March 2024) (Judgment)
✦ The Plaintiff's claim for damages is upheld, and the Defendant is ordered to pay special damages of Kshs. 5,000,000 and general damages of Kshs. 1,500,000.
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Marete v Kanja & 3 others (Miscellaneous Case E005 of 2023) [2024] KEMC 127 (KLR) (8 March 2024) (Ruling)
✦ The court orders the Respondents to be evicted from Abothuguchi/Gitie/716 and directs the Officer Commanding Station Kariene Police Station to execute the orders.
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JDS v SKS (Divorce Cause E59 of 2022) [2024] KEMC 135 (KLR) (7 March 2024) (Judgment)
✦ The court finds that the marriage has irretrievably broken down and will determine which party is to be blamed and whether the other remedies are available.
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Director of Public Prosecution v Kombo (Criminal Case E321 of 2021) [2024] KEMC 71 (KLR) (5 March 2024) (Judgment)
✦ The court dismisses the case against the accused and acquits him under Section 215 of the Criminal Procedure Code.
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Mugane v Radio Africa Limited & another (Civil Case E3154 of 2023) [2024] KEMC 2 (KLR) (1 March 2024) (Judgment)
✦ The court will determine the claims for general damages and aggravated or exemplary damages for defamation.