Kenyan case law
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JOSPHAT MILO vs REPUBLIC [2002] KEHC 462 (KLR)
✦ The appeal is allowed, and the appellant is set free
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DELMONTE LIMITED vs EDWARD JUMBA [2002] KEHC 893 (KLR)
✦ The application for leave to appeal out of time is dismissed due to delay.
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PETER ONYANGO OKECH vs REPUBLIC [2002] KEHC 402 (KLR)
✦ The appeal is allowed, the sentence is quashed, and the appellant is acquitted of the charge
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ALFRED NGWATU MWADIME ……….. vs - REPUBLIC [2002] KEHC 412 (KLR)
✦ The appeal is dismissed as the appellant did not exhibit remorsefulness and is a danger to children.
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MATUTHU MAITHYA vs MUTINDA MWAIKWA [2002] KEHC 849 (KLR)
✦ The appeal is allowed, the lower court's order is set aside, and the appellant is awarded costs.
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JULLIE COMPANY LTD AND 4 OTHERS vs WAMBURU MUNENE & ANOTHER [2002] KEHC 828 (KLR)
✦ The appeal is allowed with costs.
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MAGANBHAI SAVANI vs KENYA TEXTILE CO. LTD [2002] KEHC 629 (KLR)
✦ The Preliminary objection is rejected, and Mr. Anil Suchak is allowed to continue representing the Defendant.
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SCOT VEST LIMITED vs SULTANA FADHIL [2002] KEHC 666 (KLR)
✦ Application dismissed. No order as to costs.
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JOHN KINYANJUI KABUGA vs REPUBLIC [2002] KEHC 139 (KLR)
✦ The appeal is dismissed as the offences were proved beyond reasonable doubt.
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JOHN KINYANJUI KABUGA vs REPUBLIC [2002] KEHC 374 (KLR)
✦ The appeal is dismissed as the offences were proved beyond reasonable doubt.
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KAY CONSTRUCTION COMPANY LTD. vs MALEZI MUTHAMA (? 361 of 2001) [2002] KEHC 860 (KLR) (24 September 2002)
✦ The appeal is allowed, and the plaintiff's claim against the defendant is not supported by the evidence. The defendant is not liable for the accident.
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BENJAMIN MAILO KIZENGA & ANOTHER vs CHIRSTOPHER KARUMBA (A MINOR SUING THRO’ HER MOTHER AND NEXT FRIEND ALICE NJERI WAWERU [2002] KEHC 843 (KLR)
✦ The magistrate's judgment was upheld, with the defendant (Kizenga) being held liable for 50% of the damages and the plaintiff (Karumba) for 50%.
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JULIUS SAMBU vs REPUBLIC [2002] KEHC 143 (KLR)
✦ Affirm conviction and sentence
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SULTANALI PRARALI MOLU & ANOTHER vs KENYA RAILWAYS & ANOTHER [2002] KEHC 724 (KLR)
✦ The cause of action survives and continues as against the defendants. The first plaintiff is allowed to amend the plaint.
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CROPS ESTATE LIMITED vs DAVID IRUNGU GATHAKA PAUL KARIUKI THUBI [2002] KEHC 884 (KLR)
✦ The appeal is dismissed with costs. The apportionment of liability is upheld, and the award of damages is not excessive.
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MICHAEL K. GITAU & ANOTHER vs KENYA TRIANGLE RANCHES CO., LTD [2002] KEHC 650 (KLR)
✦ The court finds that the defendant failed to complete the agreement and that the plaintiffs are entitled to a refund of the deposit.
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KIRURU MUIUKI vs REPUBLIC [2002] KEHC 465 (KLR)
✦ The conviction for assault is upheld, but the sentence is reduced to a fine of Kshs.10,000 in default of 12 months imprisonment.
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KARIN ANNE CHALLIS vs THE HON. ATTORNEY-GENERAL and 6 Others [2002] KEHC 692 (KLR)
✦ The defendant's defence in Civil Suit No.30 of 2002 and the Plaintiff's plaint in Civil Suit No.31 of 2002 should be struck out. The Plaintiff's plaint in Civil Suit No.31 of 2002 is hereby also struck out and the suit dismissed with costs to the Defendant.
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RICHARD MWANGI vs GRACE GAGUU MARUA JANE WAMBUI MARUA [2002] KEHC 850 (KLR)
✦ The appeal is dismissed with costs as the lower court was right in observing that the appellant waited for the deceased to die to start harassing his widows and had no right of proprietorship over the suit land.
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ANTILAL D. KUKADA T/A RAIYA CONSTRUCTIONS vs MALINDI HOLIDAY RESORT LTD & 2 OTHERS [2002] KEHC 534 (KLR)
✦ The court finds that the Plaintiff has no prima facie cause of action against the 2nd Defendant and orders him released from the obligation of the Warrant of Arrest.
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R W M vs J M G (? 84 of 1999) [2002] KEHC 282 (KLR) (23 September 2002)
✦ The Petitioner's petition is allowed as prayed for in prayers (a) (b) (c) and (d). A Decree Nisi will issue and will not be made absolute until after six months from the date of this judgment. Maintenance will be in the sum of Ksh 50,000/= per month.
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JAMES KAGWI MUGO vs MBUGUA MUGO & OTHERS [2002] KEHC 740 (KLR)
✦ The orders affecting the rights of HFCK under the charge are vacated, and the plaintiff and defendants are ordered to pay costs.
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MWALOLO POLE vs REPUBLIC [2002] KEHC 351 (KLR)
✦ The conviction and sentence are set aside and the appellant is to be set free forthwith.
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DAVID THANJU KARANJA vs SAMUEL KIMANI [2002] KEHC 49 (KLR)
✦ The court held that the defendant was negligent and ordered the defendant to pay the plaintiff special damages, general damages, and costs.
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JOSEPH LOKITANO vs REPUBLIC [2002] KEHC 153 (KLR)
✦ The conviction of the Appellant is hereby quashed and he is hereby set free forthwith unless otherwise lawfully held.