Kenyan case law
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GEOFREY M. KIKEMU vs REPUBLIC [2001] KEHC 249 (KLR)
✦ The appeal is dismissed. The conviction and sentence cannot be disturbed.
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EDWARD KINGS ONYANCHA MAINA T/A MATRA INTERNATIONAL ASSOCIATES vs CHINA JIANGSU INTERNATIONAL ECONOMIC TECHNICAL CO-OPERATION CORPORATION [2001] KEHC 658 (KLR)
✦ The application is dismissed with costs
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CO-OPERATIVE BANK OF KENYA LIMITED vs JOHN MWENJA NGUMBA & FARM FRESH COMMODITIES LIMITED [2001] KEHC 419 (KLR)
✦ Judgment is entered in favor of the plaintiff against the 1st defendant in the sum of Shs.547,267/80.
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Kenya Airports Authority v Queen Insurance Agency [2001] KEHC 837 (KLR)
✦ The plaintiff's plaint is struck out on the grounds that it is scandalous, frivolous, vexatious, and an abuse of the process of the court.
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LEONARD NJOROGE MBUGUA vs REPUBLIC [2001] KEHC 331 (KLR)
✦ The appeal is adjourned to the 20th June, 2001 for hearing at 9.00 a.m. and a warrant of arrest is re-issued against the appellant.
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CHARLES MUTWII MAVULYA & 2 OTHERS vs COUNTY COUNCIL OF MWINGI [2001] KEHC 555 (KLR)
✦ The court dismissed the plaintiffs' application, finding that the defendant council had the authority to parcel out the land for public use and that the plaintiffs did not have any rights over the land.
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LIVINGSTONE GAITHUMA NJOROGE vs NIAZONS (K) LIMITED [2001] KEHC 666 (KLR)
✦ The plaintiff is not entitled to terminal benefits as he was not a direct employee and absconded from duty.
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JOSEPH STASIRA MUTENDE vs MORRIS ODHOKA & TWO OTHERS [2001] KEHC 466 (KLR)
✦ The court dismissed the application as the objector was not a party to the suit and the attached goods were not his.
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ANGELUS MAINA MWANGI vs REPUBLIC [2001] KEHC 210 (KLR)
✦ The application is proper, but a final order of consolidation cannot be issued immediately. The cases must be mentioned before the Chief Magistrate Makadara on June 12, 2001.
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PRIME CAPTIAL & CREDIT LIMITED vs NATIONALWIDE ELECTRICAL INDUSTRIES LTD. [2001] KEHC 480 (KLR)
✦ The court granted a stay of execution subject to the Plaintiff paying K.shs 10,000,000 into an interest-earning account within 30 days.
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Republic v Charles Gachanja [2001] KEHC 856 (KLR)
✦ The court finds the accused guilty of manslaughter and convicts him.
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KASE KITEMA vs REPUBLIC [2001] KEHC 332 (KLR)
✦ The conviction is quashed and the sentence set aside
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CAPRI HOLDINGS LTD,KAILIMU ENTERPRISES,MBALE FARMS,J. MUCHANGI & A.K. MWANGI vs THE COMMISSIONER OF LANDS [2001] KEHC 112 (KLR)
✦ The court finds the applicants' ground to have considerable merit and grants the application, issuing an order of prohibition to prohibit the respondent from selling, transferring, alienating, or issuing a certificate or lease/certificate of title in the suit land to any other person and/or party save to the applicants.
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CABANAS AMUSEMENT PARK LTD vs RAMBO COLOURCARE LTD & WHITESTONE AUCTIONEERS (K) LTD [2001] KEHC 541 (KLR)
✦ The High Court dismissed the plaintiff's application and ordered the defendants to refrain from interfering with the plaintiff's possession of the furniture.
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In Re: JOSEPH MOSE OKEMWA [2001] KEHC 735 (KLR)
✦ The objection is dismissed, and the petitioners are declared the proper persons to process the letters of administration intestate.
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BIDCO OIL REFERIES LIMTIED vs ROSSLYN DEVELOPMENTS LIMITED [2001] KEHC 599 (KLR)
✦ The plaintiff's claim to the disputed portion of land on the basis of adverse possession is dismissed with costs.
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BERNARD MBITHI KISIVE vs REPUBLIC (? 47 of ??) [2001] KEHC 800 (KLR) (4 June 2001)
✦ The appellant and Musyoki were found guilty of assaulting Julius Kitavi Muli. The sentence of Sh.15,000 fine and six months imprisonment is set aside and replaced with a Sh.10,000 fine and six months imprisonment.
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CHARLES KYALO NZUKI vs REPUBLIC [2001] KEHC 334 (KLR)
✦ The appeal is dismissed. The appellant is found guilty of robbery under S. 296(1) Penal Code and is sentenced to seven (7) years imprisonment and four (4) strokes of the cane. The appellant is also subject to five (5) years police supervision on release. The sentence is set aside and substituted with the one imposed by the trial court.
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MUTHII CHOMBA vs REPUBLIC [2001] KEHC 225 (KLR)
✦ The application is directed to be filed and fixed for disposal before the Resident Judge, Nyeri.
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GERALD MUTUKU MUIA vs REPUBLIC [2001] KEHC 876 (KLR)
✦ The conviction is quashed and the sentence set aside on the aspect of identification.
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MUKESH BHATT T/A SUN PRINTERS & STATIONERS vs SHIELD PROPERTIES LIMTIED & KENNETH SIKINYI OMWOMA T/A MUMBO AUCTIONS [2001] KEHC 656 (KLR)
✦ The Plaintiff is ordered to pay rent from August 2000 to May 2001, and the Plaintiff is ordered to pay costs of the application.
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KIHARA WAITHAKA & FREDDIE KISANG CHESEREK vs CENTRAL BANK OF KENYA [2001] KEHC 393 (KLR)
✦ The objection has no basis. The statement is nothing more than a description of the parties, a statement of the relief sought and the grounds on which it is based. The position is that an Advocate may sign any court documents in a suit for filing unless there is a specific provision that the same ought to be signed by the party himself.
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DR. OSITA OGBU vs VIOLET GATEI [2001] KEHC 584 (KLR)
✦ Judgment is entered in favor of the plaintiff for the principal sum of US$25,000, agreed interest of US$7,449, and interest on the principal and agreed interest at court rates from the date of filing suit until payment in full.
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REPUBLIC vs DAVID AKIKI KIWANUKA,CHARLES MUHANJI WAMUTHONI & CHRISTOPHER LUBANGAMLONDO [2001] KEHC 190 (KLR)
✦ The court found that none of the three accused was at the scene of the killing on May 16, 1998, and that the murder weapon has not been recovered.
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PETER WAMBUGU KARIUKI vs JUSTUS WERU NGARUCHI,MARION WANJIRU WERU & EMILY WANGUI WERU [2001] KEHC 484 (KLR)
✦ The appeal is dismissed with costs