Kenyan case law
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NZOMO MWANGANGI V MALII MUSAVA [2012] KEHC 461 (KLR)
✦ The appeal will succeed and the judgment of the subordinate court will be set aside. The costs of the appeal and the proceedings in the subordinate court will be awarded to the appellant.
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KENYA COMMERCIAL BANK LIMITED V REGISTRAR OF TITLES & 2 OTHERS [2012] KEHC 835 (KLR)
✦ The Court held that the registration of the caveat was not valid under the Registration of Titles Act and that the Plaintiff should not have been required to be notified.
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DAVID MUTISYA KIVALA V REPUBLIC [2012] KEHC 179 (KLR)
✦ The court confirms the conviction and sentence, finding ample and credible evidence to prove the appellant committed the offence. The appeal is dismissed.
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PAUL THUKU V REPUBLIC [2012] KEHC 801 (KLR)
✦ The appeal is allowed, conviction and sentence quashed, appellant set at liberty
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SAMSON OMIRE BARRACK V REPUBLIC [2012] KEHC 630 (KLR)
✦ The court finds the one year jail term to be adequate and sufficient, not excessive.
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MOHAMED SHEIKH ABDULLAHI V REPUBLIC [2012] KEHC 180 (KLR)
✦ The charge was not fatally defective. The trial court's findings are based on the available evidence. The doctrine of recent possession is applicable. The burden of proof was not shifted.
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MATANO KITSAO & 24 OTHERS V ALI MOHAMED ALI & 8 OTHERS [2012] KEHC 495 (KLR)
✦ The application for a temporary injunction is declined with costs, and the Plaintiffs are advised to prosecute the application for joinder of the new parties.
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REPUBLIC V ABDIRIZAK DAHIR GURE [2012] KEHC 177 (KLR)
✦ The court finds that the accused has no case to answer and acquits him.
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REPUBLIC v THE BOARD OF GOVERNORS, [particulars withheld] GIRLS HIGH SCHOOL & another Exparte S.M. A. (Minor suing through the next friend A.A) [2012] KEHC 554 (KLR)
✦ The Board's decision to expel the minor was ultra vires and is quashed
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PIRY JOHNSTONE MUYE v ATTORNEY GENERAL & 2 others [2012] KEHC 553 (KLR)
✦ The petition is dismissed as it does not advance a constitutional issue.
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Transworld Safaris (K) Ltd v Eagle Aviation Limited, Kiran Chandubhai Patel, Gilbert Macharia Kibe & Charles Kyalo Muthama (Miscellaneous Application 238 of 2003) [2012] KEHC 614 (KLR) (23 November 2012) (Ruling)
✦ The application must fail as it was improper for the Plaintiff to have included Item No. 259 in the Bill. The taxing master did not err in principle.
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GLEN EWELE V REPUBLIC [2012] KEHC 911 (KLR)
✦ The appeal is dismissed as there was evidence that the appellant produced fake cards in a shop and he must have known their origin.
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IN THE MATTER OF BABY C.M [2012] KEHC 922 (KLR)
✦ The application is allowed, and the Originating Summons dated 15th December 2011 is hereby allowed and orders granted in terms of prayers 3, 4, 5 and 6 thereof.
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REPUBLIC V THOMAS KIPKEMOI KORIR [2012] KEHC 649 (KLR)
✦ The accused is found guilty of murder.
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Peter Ochieng Muholo v Trade Winds Agencies Ltd also t/a Trade Winds Limited [2012] KEHC 34 (KLR)
✦ The termination was not lawful and fair
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REPUBLIC V JAMES KARIUKI MUNGAI [2012] KEHC 271 (KLR)
✦ The accused is found guilty of murder.
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JATHAN MUKABI V REPUBLIC [2012] KEHC 913 (KLR)
✦ The court finds that the trial court exercised its discretion fairly and within the law when it gave the appellant the minimum sentence of 10 years imprisonment. The court dismisses the appeal.
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AL TAJ ALAUDIN ALIBHAI v JIWANI IMPEX LIMITED [2012] KEHC 559 (KLR)
✦ The appeal is allowed, and Alibhai is granted an order to be reinstated into the Suit premises and remain there until the appeal is heard and determined.
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JOSEPH SIRERE TIMAIYO V REPUBLIC [2012] KEHC 912 (KLR)
✦ The court set aside the sentence of seven (7) years imprisonment and substituted it with five (5) years imprisonment.
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IN THE MATTER OF BABY G.M.T(THE CHILD) [2012] KEHC 717 (KLR)
✦ The court grants the Applicants authority to adopt the child and makes the following orders.
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IN THE MATTER OF BABY A.A [2012] KEHC 716 (KLR)
✦ The court grants the applicants authority to adopt the child and makes the following orders.
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SAMSON BULUMA MUMIA v DPL FESTIVE LIMITED [2012] KEHC 35 (KLR)
✦ The Court found the termination of the Claimant to be unfair and unlawful.
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REPUBLIC V RICHARD KABUE GATHURI (Criminal Case 25 of 2010) [2012] KEHC 645 (KLR) (23 November 2012)
✦ The accused will express which of his rights he will exercise at the defence hearing.
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OMAR JUMA ATHMAN V REPUBLIC (Criminal Appeal 104 of 2011) [2012] KEHC 471 (KLR) (23 November 2012)
✦ The sentence is reduced to the period already served, and the appellant is set at liberty unless otherwise lawfully held.
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REPUBLIC v THE LIQUOR LICENCING BOARD Exparte PATRICK OKUMU T/A SAMBA PUB AND RESTAURANT [2012] KEHC 561 (KLR)
✦ The stay order shall continue pending the final resolution of the proceedings. The ex-parte order of leave to apply for an order of certiorari and mandamus is declined. The permission granted on 13th September 2012 to commence proceedings for an order of mandamus is hereby set aside.