Kenyan case law
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BAWANI STORES LIMITED vs NAROK COUNTY COUNCIL [2003] KEHC 553 (KLR)
✦ The application must fail as the Court is unable to confidently decide whether the Defendant entered into the transaction or the Plaintiff was dealing with the Third Party.
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VERONICA MWONGELI KILONZO vs ROBERT KARUME [2003] KEHC 621 (KLR)
✦ The court awards the plaintiff Shs.500,000/- general damages for pain and suffering, and loss of amenities.
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Ngugi Wamwea v Catholic Diocese of Murang’a Registered Trustees [2003] KEHC 974 (KLR)
✦ The appeal is dismissed with costs to the respondent.
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JOHN WAWERU WANDAKA vs CHACHA OMONTAGE OMORIMI [2003] KEHC 661 (KLR)
✦ The court finds the plaintiff entitled to Kshs. 600,000 and orders interest to be paid at court rates from the date of filing the suit until full payment.
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Chrispine Kent Otieno Owuor v Republic [2003] KEHC 80 (KLR)
✦ The court refuses the application for bail, stating that the trial date is within a reasonable time and that granting bail would not be wise at this stage due to the seriousness of the charges and the likelihood of interference with witnesses and absconding.
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PAULINE NJERI KARIUKI vs MONICAH NJERI KARIUKI [2003] KEHC 637 (KLR)
✦ The application for stay of execution of the decree is dismissed with costs.
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MWALIMU KARISA v REPUBLIC [2003] KEHC 410 (KLR)
✦ The application for additional evidence is allowed.
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COOPER KENYA LTD vs ANAGRO (K) LIMITED [2003] KEHC 924 (KLR)
✦ The plaintiff's application is dismissed with costs to the defendant.
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JAISHREE DHARAMSHI SHAH vs STANBIC BANK KENYA LIMITED [2003] KEHC 640 (KLR)
✦ Allow the application to amend the plaintiffs' capacity from executors to administrators, with costs awarded to the defendant
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REPUBLIC vs WILLIAM ODHIAMBO ODINDO [2003] KEHC 144 (KLR)
✦ The court dismisses the charge of murder against each accused and acquits them.
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KITHOME WAMBITI vs EDWARD MWAURA [2003] KEHC 749 (KLR)
✦ The appeal is allowed, and the proceedings before the District Magistrate II are quashed. The case is returned to the Thika Senior Resident Magistrate's Court for re-trial before a Resident Magistrate or a higher-grade magistrate.
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REPUBLIC v WILLIAM ODHIAMBO ODINDO & ANOTHER [2003] KEHC 267 (KLR)
✦ The court dismisses the charge of murder against each accused and acquits them.
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KENYA NATIONAL TRADING CORPORATION . vs BAWAZIR & COMMPANY (1993) LTD. [2003] KEHC 686 (KLR)
✦ The preliminary objection is dismissed.
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MARY RUGURU NJOROGE vs HANNAH WANJIRU WANGANGA [2003] KEHC 792 (KLR)
✦ The appeal is allowed, the trial magistrate's judgment is set aside, and the Respondent's suit is dismissed.
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OLKIOMBO LIMITED and 5 Others vs THE COUNTY COUNCIL OF NAROK [2003] KEHC 207 (KLR)
✦ The further affidavit can be admitted and is regarded as duly filed.
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MUNYUI KAHUHA vs NG’ANG’A KAHUHA [2003] KEHC 763 (KLR)
✦ The appeal is allowed with costs to the Appellant
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ORANGE STYLES (EPZ) LIMITED vs BANK OF BARODA [2003] KEHC 740 (KLR)
✦ The ex-parte order is set aside, and the injunction is discharged. The case is adjourned for a joint hearing on June 19, 2003, with leave granted for the plaintiff to file a replying affidavit and the 2nd defendant to file grounds of opposition.
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MORRIS OCHIENG SEWE vs REPUBLIC [2003] KEHC 436 (KLR)
✦ The conviction and sentence are set aside due to the defect in the particulars of the charge
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KENYA COMMERCIAL BANK vs KENEDY KIPRUTO ROITICH [2003] KEHC 617 (KLR)
✦ Summary judgment in the sum of Ksh. 535,000/= is entered for the plaintiff against the defendants as prayed in the plaint, with interest at court rates and costs of the suit.
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NELSON MAINA WAFULA vs REPUBLIC [2003] KEHC 663 (KLR)
✦ The appeals were allowed, and the appellants were set free.
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BERNARD MOMANYI MOKUA vs REPUBLIC [2003] KEHC 439 (KLR)
✦ The appeal is allowed, and the sentence is reduced to the period already served. The appellant is set free unless otherwise lawfully held.
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JOSEPH ABIO GALANA vs REPUBLIC [2003] KEHC 910 (KLR)
✦ The appeal is admitted and the appeal is set down for hearing the soonest possible. The original file and the appellant are to be transferred to Mombasa without further delay. The bond is not granted.
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SABRY OMAR HASHIM vs MOHAMMED HASSAN) KASSIM HASSAN [2003] KEHC 668 (KLR)
✦ The orders of eviction and execution issued by Hon. Mr. Justice Ouna cannot be set aside, and the application for stay of execution is allowed and directed to be placed before Mr. Justice Ouna.
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MARJORIE MARIGU SAIDI vs CHRISTINE ANYANGO OKOTH [2003] KEHC 755 (KLR)
✦ The Notice of Motion is allowed in terms of prayer number (ii) so that execution of the ex parte judgment dated 7th June 2002 is stayed pending the hearing and determination of this appeal.
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PETER KARUGA ALIAS MURIU vs REPUBLIC [2003] KEHC 475 (KLR)
✦ The appeal is dismissed as the plea was an unequivocal admission of the offence and the sentence is mandatory and legal.