Kenyan case law
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Duncan Muhoro Wachira v Republic [2008] KECA 121 (KLR)
✦ The conviction is quashed, the appellant is released, and the sentence of death is set aside.
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David Nderitu & another v Republic [2008] KECA 210 (KLR)
✦ The appeals are dismissed. The evidence against the appellants was overwhelming and they were rightly convicted.
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Pema Holdings Limited v Tropical Farm Management (Kenya) Ltd & another [2008] KECA 274 (KLR)
✦ The court dismissed the application for injunction.
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James Mwarari Gatome & 7 others (All T/A Gatome & Associates v Republic [2008] KECA 273 (KLR)
✦ The Court of Appeal granted an order of stay of execution of the six months' suspension against the applicants pending the hearing and determination of the intended appeal.
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Joseph Kibe Mungai(as Guardian ad litem of Ramesh Liladh Shah) v John Njau Njuguna & another (as the legal representative of the Estate of the late Reuben Kangara Kirika) [2008] KECA 248 (KLR)
✦ The application for extension of time is dismissed as the applicant made many mistakes leading to lengthy delays.
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Nuru Chemist Limited & another v National Bank of Kenya [2008] KECA 281 (KLR)
✦ The court found the statement of defence to be a sham and struck it out.
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FAM v HSS (Civil Appeal 129 of 2007) [2008] KECA 316 (KLR) (25 April 2008) (Judgment)
✦ The High Court had no jurisdiction to enforce the orders of the Children's Court through an application for committal for contempt. The order for the return of the child was an independent and severable application.
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RICHARD AKWESERA ONDITI v KENYA COMMERCIAL FINANCE CO. LTD [2008] KECA 227 (KLR)
✦ The court ordered the application to be stood over to the next session in Kisumu to enable the omission of incorporating copies of the pleadings in the superior court to be rectified.
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Paul Thuo Mburu & another v Republic [2008] KECA 335 (KLR)
✦ The conviction and sentence of death for rape are quashed, and Makumi is set free.
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Marine Ole Kakai v Republic [2008] KECA 277 (KLR)
✦ The appeal is dismissed in its entirety.
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Pankaj Vrajlala Somaia v Bill Kipsand & 2 others [2008] KECA 233 (KLR)
✦ The Court of Appeal granted a stay of the order discharging the injunction on terms proposed by the learned Judge of Appeal.
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Ephrahim Mbae Thuranira & 2 others v Gilbert Kabeere Mbijiwe & 2 others [2008] KECA 286 (KLR)
✦ The applicants' application for an injunction is dismissed with costs.
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Commissioner for Insurance & 2 others v Kensilver Express Limited & 3 others [2008] KECA 285 (KLR)
✦ The application is allowed, and there is a stay of execution in terms of prayer (1) of the application.
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Peter Luka Ndutu v Daniel Wambua Ndavi [2008] KECA 287 (KLR)
✦ The application is dismissed with costs due to the applicant's persistent and unexplained delays.
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Peter Ndungu v Republic [2008] KECA 193 (KLR)
✦ The appeal is allowed, the conviction is quashed, and the sentence of death is set aside. The appellant is set at liberty.
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Lowayakaru Ejuroto Elimlim v Republic (Criminal Appeal 219 of 2006) [2008] KECA 347 (KLR) (11 April 2008) (Judgment)
✦ The court upheld the appellant's conviction on all four counts, finding that the circumstances at the scene of the robberies favored a correct identification of the appellant.
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Ekaburat Echakar & another v Republic [2008] KECA 196 (KLR)
✦ The Court dismissed the appeal and upheld the sentence of 10 years imprisonment each, finding that the sentence was lawful and no facts were presented to bring the matter within the purview of section 361(1)(b) of the Criminal Procedure Code.
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Kenya Horticultural Exporters Ltd v Julius Munguti Maweu [2008] KECA 290 (KLR)
✦ The court dismissed the application to extend time to file a Notice of Appeal, stating that the court cannot extend time to have a Notice of Appeal filed when there is another Notice of Appeal extant in the record.
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Nelson Kitese Maweu & 2 others v Republic [2008] KECA 159 (KLR)
✦ The appeal is allowed, conviction and sentence are quashed, and the appellants are released.
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Kenya Industrial Estates Ltd v Samuel Sang & another [2008] KECA 291 (KLR)
✦ The application is granted, and the applicant is ordered to file and serve a fresh Notice of Appeal within 14 days and to lodge the Record of Appeal within 30 days of the service of the fresh Notice of Appeal.
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David Munywoki Katutu & another v Republic [2008] KECA 295 (KLR)
✦ The appeal is dismissed as there was no merit to the appeal.
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Bernard Mutuku Munyao & another v Republic [2008] KECA 296 (KLR)
✦ The appeal is dismissed in its entirety
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Margaret Njeri Njoroge (the Administratrox and the beneficiary of the Estate of Ndua Thiongo) v Hanna Wambui Kibe Njoroge (the administratrix and the beneficiary of the Estate of John Kibe Ragae) [2008] KECA 299 (KLR)
✦ The application is dismissed with costs to the respondent.
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Julius Kaunga v Republic [2008] KECA 294 (KLR)
✦ The conviction is quashed and the sentences of death are set aside. The appellant is set at liberty unless otherwise lawfully held.
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Morris Muthiani Sammy v Republic [2008] KECA 298 (KLR)
✦ The appeal is allowed, conviction and death sentence are quashed, and the appellant is released