Kenyan case law
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Shimayamana Jeane Claude v Republic [2008] KECA 206 (KLR)
✦ The Court finds the appellant guilty of 2 counts of attempted defilement under section 145(2) of the Penal Code and substitutes the conviction for defilement with attempted defilement.
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Jacinta Wairimu Njoroge v Julia Wanjiru & 4 others [2008] KECA 101 (KLR)
✦ The Court dismissed the motion for stay and injunction, finding that the applicant has not satisfied the court that the success of any appeal would be rendered nugatory by the refusal to grant a stay. The motion is for dismissal and the order is hereby dismissed with costs.
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Jane Gachoki Gathecha v Priscilla Nyawira Gitungu & another [2008] KECA 212 (KLR)
✦ We allow Civil Appeal No. 345 of 2002 and set aside the order dismissing the suit against George. We substitute judgment against George as prayed in the plaint together with costs. Priscilla Nyawira Gitungu shall also have the costs of the appeal. The appeal by Jane Gachuhi Gathecha is hereby dismissed with costs.
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Thugi River Estates Limited & another v National Bank of Kenya Limited & 2 others [2008] KECA 35 (KLR)
✦ An order for a temporary injunction is granted for a period of six months, with terms for depositing Shs.1.5 million to cover mesne profits.
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Jacinta Njoki Ndirangu v Republic [2008] KECA 105 (KLR)
✦ We allow the appellant's appeal, quash her conviction for murder, and set aside the sentence of death. She should be set at liberty.
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Vanessa Gathoni Kamau v Bank of India [2008] KECA 104 (KLR)
✦ The appeal is dismissed. The temporary order of stay of sale of the suit premises is hereby discharged. No orders as to costs.
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Miriam Muthoni Kariuki v Republic [2008] KECA 351 (KLR)
✦ The conviction for murder is set aside, and the appellant is convicted of infanticide and sentenced to 8 years imprisonment.
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Sospeter Mwangi Karanja v Republic [2008] KECA 110 (KLR)
✦ The Court of Appeal does not have jurisdiction to entertain the application as the applicant was not tried or convicted of any offence, and the interests of justice do not dictate that the appeal be heard.
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Thomas Patrick Gilbert Cholmondeley v Republic [2008] KECA 319 (KLR)
✦ The Republic is not equally entitled to the benefits available to an accused person under section 77 of the Constitution.
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Joseph Gitahi Gachau & another v Pioneer Holdings (A) Limited & 2 others [2008] KECA 327 (KLR)
✦ The application for extension of time to file and serve the notice of appeal is granted.
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Joginder Auto Service Limited v Mohammed Shaffique & another [2008] KECA 169 (KLR)
✦ The appeal is dismissed with costs to the respondents.
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Godfrey Ochieng Songa v Republic [2008] KECA 135 (KLR)
✦ The appeal is allowed, the conviction and sentence are quashed, and the appellant is set at liberty.
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Felix Mathenge v Kenya Power & Lighting Company Ltd [2008] KECA 297 (KLR)
✦ The court held that the learned Commissioner for Assize erred in dismissing the suit for want of proof of liability instead of merely assessing damages. The court awarded the appellant the sum of Kshs.1,224,000/- as general damages for loss of rental income together with interest from the date of filing suit until payment in full.
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John Mwangi Peter v Republic [2008] KECA 194 (KLR)
✦ The appeal is dismissed as the Court of Appeal lacks jurisdiction to hear the appeal due to the sentence being a matter of fact and severity.
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Henry Muganga Nyalero v Republic [2008] KECA 191 (KLR)
✦ The Court of Appeal dismissed the appeal, finding that the conviction was based on sound evidence and that the appellant was not convicted on a purely identification basis.