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Criminal Law [2024] KEHC 15556 (KLR)

Gicheri v Republic

Gicheri v Republic [2024] KEHC 15556 (KLR)

The court found that the bond terms imposed by the trial court—a bond of Kshs. 1,000,000 with two sureties of a similar amount—were reasonable in light of the seriousness of the offences, the amounts involved, the applicant's history of similar charges in other courts, and the need to ensure attendance at trial. The applicant failed to demonstrate that the trial court acted arbitrarily or oppressively in setting the bond terms. Regarding the request for transfer, the court held that the applicant had not provided tangible reasons or evidence of bias or unfairness that would justify transferri…

  • Bond Terms
  • Case Transfer
  • False Pretenses
  • Bad Cheque Offences
  • Judicial Discretion
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Civil Procedure [2024] KEELC 3502 (KLR)

Shirandula & another v Rugut

Shirandula & another v Rugut [2024] KEELC 3502 (KLR)

The court dismissed a transfer and consolidation request, holding that the two land matters were based on different facts and legal foundations.

  • Case Transfer
  • Consolidation Of Suits
  • Adverse Possession
  • Land Disputes Tribunal
  • Conflicting Decisions
  • Procedural Fairness
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Criminal Law [2023] KEHC 18995 (KLR)

Wangare v Republic

Wangare v Republic [2023] KEHC 18995 (KLR)

The High Court certified an urgent application seeking bond reinstatement, file transmission, and transfer of a criminal matter, and gave service and response directions.

  • Bond Variation
  • Warrant Cancellation
  • Case Transfer
  • Sexual Offences Procedure
  • Bond-variation
  • Warrant-cancellation
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Family And Children [2021] KEHC 5685 (KLR)

In re Estate of David Chege Jason (Deceased)

In re Estate of David Chege Jason (Deceased) [2021] KEHC 5685 (KLR)

The High Court at Kiambu transferred Succession Cause No. 973 of 2017 from Milimani Law Courts and consolidated it with Kiambu Succession Cause No. 139 of 2017.

  • Succession Proceedings
  • Estate Administration
  • Case Transfer
  • Consolidation Of Causes
  • Succession-proceedings
  • Estate-administration
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Criminal Law [2021] KEHC 8279 (KLR)

Republic v Patricia Njira Nyawa & Christine Mwende

Republic v Patricia Njira Nyawa & Christine Mwende [2021] KEHC 8279 (KLR)

The High Court held that the matter belonged in Msambweni Law Courts, ordered it tried afresh there, and directed an inquiry into the dual registration.

  • Territorial Jurisdiction
  • Plea Taking
  • Case Transfer
  • Revision Jurisdiction
  • Territorial-jurisdiction
  • Criminal-revision
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Criminal Law [2021] KEHC 7965 (KLR)

Republic v David Mbatia Chege

Republic v David Mbatia Chege [2021] KEHC 7965 (KLR)

The court found that the prosecution's application to transfer the case to the lower court was procedurally improper because the accused had already taken plea to a murder charge in the High Court. The correct procedure would be for the Director of Public Prosecutions to apply for withdrawal of the murder charge or enter a nolle prosequi, after which the accused could be charged afresh in the lower court with the appropriate offence, such as manslaughter or causing death by dangerous driving. Alternatively, the prosecution could substitute the charge in the High Court and then seek transfer.…

  • Murder Charge
  • Prosecutorial Discretion
  • Case Transfer
  • Withdrawal Of Charge
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Family And Children [2020] KEHC 428 (KLR)

SMM v AM

SMM v AM [2020] KEHC 428 (KLR)

The High Court dismissed an application to transfer a children’s custody suit from Tononoka to Milimani, holding Tononoka had territorial jurisdiction.

  • Child Custody
  • Parental Responsibility
  • Territorial Jurisdiction
  • Case Transfer
  • Maintenance Of Children
  • Child-custody
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Civil Procedure [2019] KEHC 399 (KLR)

H.H. Gichohi v Peter Ndaa

H.H. Gichohi v Peter Ndaa [2019] KEHC 399 (KLR)

High Court ruling recusing the judge and transferring a civil appeal after noting prior involvement with related Kenya Anti-Corruption Commission matters.

  • Judicial Recusal
  • Conflict Of Interest
  • Case Transfer
  • Judicial-recusal
  • Conflict-of-interest
  • Case-transfer
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Criminal Law [2018] KEHC 4557 (KLR)

Joseph Musyoka Mutemi v Republic

Joseph Musyoka Mutemi v Republic [2018] KEHC 4557 (KLR)

The High Court declined to transfer or revise a criminal retrial file, holding that complaints about DNA testing, witness recall, and representation were matters for appeal.

  • Defilement Offence
  • Right To Fair Trial
  • Legal Representation
  • Case Transfer
  • Dna Evidence
  • Criminal-revision
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Civil Procedure [2018] KEELC 2833 (KLR)

Alvin Kamande Njenga & Derrick Kariuki Njenga v Esther Njeri Njenga, Judith Nyoro, Lucy Wanjiku Muchekehu, Josephine Nduta Kariithi, Bancy Gathoni Musa & Sophie Kabura Macharia

Alvin Kamande Njenga & Derrick Kariuki Njenga v Esther Njeri Njenga, Judith Nyoro, Lucy Wanjiku Muchekehu, Josephine Nduta Kariithi, Bancy Gathoni Musa & Sophie Kabura Macharia [2018] KEELC 2833 (KLR)

The Environment and Land Court at Thika recused Lady Justice Gacheru from hearing a land dispute after allegations of bias, while finding no proof of actual bias.

  • Judicial Recusal
  • Allegations Of Bias
  • Court Inherent Powers
  • Case Transfer
  • Written Submissions
  • Delay Of Proceedings
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