Kenyan case law
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RICHARD GATHECHA KINYURU & ANOTHER V REPUBLIC (Criminal Appeal 290 of 2009) [2012] KEHC 466 (KLR) (4 December 2012)
✦ The convictions are sound, and the absence of a Kikuyu interpreter did not prejudice the appellants.
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REPUBLIC V CHAIRMAN, KANDUYI LAND DISPUTES TRIBUNAL,EXPARTE MARGARET NAKHUNGU OKUMU & 2 OTHERS [2012] KEHC 22 (KLR)
✦ The court quashes the award of Kanduyi Land Disputes Tribunal No. 4 of 2010 and condemns the respondent to pay costs.
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JOHN NAKOROTO EREGAI V REPUBLIC [2012] KEHC 793 (KLR)
✦ The appeals on conviction in respect of each of the two counts are wanting in merit. The convictions are upheld, and the appellant is sentenced to suffer death in count I with the sentence in count II ordered to remain in abeyance.
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MARGARET NYOKABI KAHIHU & Another v SAMUEL MUKUHA NJUKI & Another [2012] KEHC 149 (KLR)
✦ The defendants application is dismissed.
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ABDI RASHID NUNO V REPUBLIC [2012] KEHC 242 (KLR)
✦ The court grants bail and suspends the sentence pending appeal.
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ALICE NJERI NGICHIRI V KENYATTA UNIVERSITY [2012] KEHC 625 (KLR)
✦ The court finds that the petitioners' rights under Articles 47 and 50 of the Constitution were violated, and interim orders are granted.
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Imanyara & 3 others v Attorney General (Petition 78, 79, 80 & 81 of 2010) [2012] KEHC 845 (KLR) (4 December 2012)
✦ The application for recusal is dismissed. The matter is referred to the Head of the Constitutional and Human Rights Division to assign the matter to another judge. The application for the constitution of a three-judge bench is dismissed.
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CHARI CHIMAMBO NYAWA & 4 OTHERS V KWALE INTERNATIONAL SUGAR CO. LTD [2012] KEHC 499 (KLR)
✦ The Court grants the Plaintiffs' application for injunction to maintain the status quo until the matter is settled on merit.
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DAVID GICHUHI GITAU V DIRECTOR OF PUBLIC PROSECUTIONS & 3 OTHERS [2012] KEHC 841 (KLR)
✦ The accused are to be taken before the Magistrate at Mavoko Law Courts on 5th December 2012 or at the earliest opportunity.
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AINEAH LIKUMBA ASIENYA & 11 OTHERS V KENYA AIRPORTS AUTHORITY [2012] KEHC 500 (KLR)
✦ The application is dismissed with costs as there is no stay order which can be extended by this court presently.
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KENYA TRANSPORT ASSOCIATION & 3 OTHERS V ATTORNEY GENERAL & ANOTHER [2012] KEHC 774 (KLR)
✦ The petitioners' rights under Article 40, 47, and 50 of the Constitution are not contravened, and the petitioners are not entitled to relief.
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DAVID MWATHI KIBE & 2 OTHERS V MUNICIPAL COUNCIL OF RUIRU [2012] KEHC 846 (KLR)
✦ The petition is dismissed with no order as to costs.
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REPUBLIC v CAPITAL MARKETS AUTHORITY Exparte JOSEPH MUMO KIVAI & another [2012] KEHC 576 (KLR)
✦ The court allows the respondent's applications to discharge the stay orders.
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QUALITY GROUP LIMITED V GENERAL MOTORS EAST AFRICA LIMITED [2012] KEHC 611 (KLR)
✦ The Plaintiff's suit is dismissed with costs to the Defendant.
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Albert Lukoru Loduna & 2 others v Judicial Service Commission & 3 others [2012] KEHC 5553 (KLR)
✦ The court held that a High Court judge can be subject to a suit to remove him from office on the basis of a complaint about the appointment procedure.
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ELIZABETH WANJUGU MUNGARA V ANTHONY MAINA KARIUKI & ANOTHER [2012] KEHC 497 (KLR)
✦ The court finds the award of Kshs.41,232 to the 1st Defendant was an error and will correct it. Costs of the application are awarded to the applicant.
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JOHN NJAU NJUGUNA V JOSEPH KIBE MUNGAI [2012] KEHC 613 (KLR)
✦ The court allows the application to release the sum of Kshs.11,500,000 from the joint account to the Plaintiff's advocate, pending finalization of partnership accounts.
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EDERMANN PROPERTY LIMITED V REGISTERED TRUSTEES OF THE KENYA RAILWAYS STAFF RETIREMENT BENEFIT SCHEME & ANOTHER [2012] KEHC 612 (KLR)
✦ The injunction is varied to discharge the injunction against all the 1st Defendant's properties listed therein, save for four properties: LR No.209/6829 Makongeni Estate Nairobi, 209/6502, Muthurwa Estate (save for the portion being purchased by the Ministry of Local Government), I/437 Kindaruma Road, Nairobi and LR No. 209/11953, Nairobi Railways club.
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African Centre for International Youth Exchange (ACIYE) & 2 others v Ethics & Anti-Corruption Commission & another [2012] KEHC 5528 (KLR)
✦ Ms Jane Muthaura is entitled to continue performing the functions of a state officer until the Commission appoints a substantive holder of the said office. She is required to subscribe to the oath of office in accordance with Article 74 of the Constitution.
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ABDI GULIA ADAN V CHAIRMAN, MANDERA WEST CONSTITUENCY DEVELOPMENT FUND COMMITTEE & 2 OTHERS [2012] KEHC 844 (KLR)
✦ The Petition is premature and is hereby struck out with no order as to costs.
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BALOZI HOUSING CO-OPERATIVE SOCIETY LIMITED V CAPTAIN FRANCIS E K HINGA [2012] KEHC 276 (KLR)
✦ The application for interlocutory injunctive relief is dismissed with costs to the respondent.
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BENSON KABUGI MURIUKI v AGRICULTURAL FINANCE CORPORATION [2012] KEHC 606 (KLR)
✦ I do allow the application in terms of Prayer Nos. 3 and 4 of the Notice of Motion dated 26th June, 2012.
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MAURICE ALDOUS OPAR V REPUBLIC [2012] KEHC 544 (KLR)
✦ The applicant’s application for review of his sentence fails and is dismissed.
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JOHN KIMANI NJOROGE V JOSEPH MUTHIORA WAINAINA [2012] KEHC 373 (KLR)
✦ The High Court has jurisdiction to hear disputes between cooperative society members.
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MARTIN NZYUKO MBAU V ESTHER K. KIMANTHI & ANOTHER [2012] KEHC 292 (KLR)
✦ The application for an interlocutory injunction is dismissed.