Kenyan case law
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JOSEPH MEMBA SYUMA & 6 others v DARASA INVESTMENTS LTD [2010] KEHC 1213 (KLR)
✦ The court reinstated the suit and consolidated the other suits, but dismissed them as an abuse of the court's process.
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PAUL KHAMALA v REPUBLIC [2010] KEHC 1021 (KLR)
✦ The ten (10) year sentence is clearly within the law and the appeal has no merit
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ALFRED SHAMWATA v REPUBLIC [2010] KEHC 574 (KLR)
✦ The conviction is upheld under Section 8(3) of the Penal Code, but the sentence is modified to reflect a conviction under Section 20(1) of the Sexual Offences Act, No. 3 of 2006.
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MOHAMED HAMISI BAMAMA & 4 others v TRADE PLUS INTERNATIONAL LTD [2010] KEHC 613 (KLR)
✦ The ex parte orders granting injunctions to the Plaintiffs are discharged and replaced with the orders of 25th October, 2010.
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JOSEPH WAMBUGU NGUMI & another v REPUBLIC [2010] KEHC 1027 (KLR)
✦ The appeal is allowed, conviction and sentences are quashed, and appellants are set at liberty.
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In Re Adoption of S.W (Minor) [2010] KEHC 851 (KLR)
✦ The court allows the applicants' application to adopt the child S.W.
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MOSES KINGATI WANGARI, MICHAEL MWENDA MANYARA, JOSEPH MUSYOKA WAMBUA v JOSEPH THUGO MWAURA & 4 others [2010] KEHC 1201 (KLR)
✦ The plaintiffs are declared as proprietors of the land parcel LR.No.3811/6.
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JOHN SAKWA RAPANDO v REPUBLIC (Criminal Appeal 86 of 2009) [2010] KEHC 570 (KLR) (4 November 2010) (Judgment)
✦ The conviction and sentence for stealing stock and handling stolen property are affirmed. The conviction and sentence for bar breaking and committing a felony are quashed.
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PAUL AMUYE SAKAYA v REPUBLIC [2010] KEHC 522 (KLR)
✦ The presence of the bulls and the Appellant in the sugarcane plantation leads to an inference that the Appellant was the thief.
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BENSON NDUNGU KARIUKI v KAMAU KABENU & OTHERS [2010] KEHC 645 (KLR)
✦ The application is disallowed. The suit is not frivolous and an abuse of process. The respondent is entitled to a declaration of ownership by adverse possession.
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PETER MAINGI MITHEKO v REPUBLIC [2010] KEHC 1029 (KLR)
✦ The Appellant's conviction and sentence are upheld.
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SAMUEL KAMAU MUHINDI v BLUE SHILED INSURANCE COMPANY LTD [2010] KEHC 1041 (KLR)
✦ Respondent's application to set aside the award is dismissed, and Claimant's application for enforcement of the award is allowed.
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ALFONSO MUSEMBI KILONZI T/A A. M. KILONZI & CO. ADVOCATES v KENYA COMMERCIAL BANK LIMITED [2010] KEHC 1068 (KLR)
✦ The plaintiff failed to prove he had no knowledge of the fraud, and the defendant established it suffered loss due to the fraud. The plaintiff's suit is dismissed with costs to the defendant, and the defendant's counterclaim is allowed.
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REPUBLIC v PEST CONTROL PRODUCTS BOARD & Another EX PARTE ORION EAST AFRICA LIMITED [2010] KEHC 12 (KLR)
✦ An order of certiorari is issued to quash the 1st respondent's notification for revocation of the applicant's products' certificates of registration. An order of prohibition is issued to prohibit the 1st respondent from enforcing the revocation.
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A.O. BAYUSUF & SONS LIMITED v OJALLE ABDULLAHI BULLE [2010] KEHC 718 (KLR)
✦ The court upholds the trial court's decision to apportion liability at 50-50 and dismisses the appeal.
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JOHN NJUGUNA NDUNG’U & another v WARNER LAMBERT LIMITED [2010] KEHC 283 (KLR)
✦ The Plaintiff's order of 14th October 2010 is upheld, and the Defendant's application for review and setting aside of the order is dismissed with no order as to costs.
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REPUBLIC v CHAIRMAN, RUIRU DIVISION LAND DISPUTES TRIBUNAL & another [2010] KEHC 823 (KLR)
✦ The application for leave to file an application for orders of certiorari and prohibition was hopelessly out of time and the application was dismissed.
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JAMES ROBERTSON MWAROME & another v SAID BIN SEIF [2010] KEHC 534 (KLR)
✦ The application to strike out the Originating Summons is dismissed with costs to the respondent.
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CHIMERA NDENGWA v REPUBLIC [2010] KEHC 695 (KLR)
✦ The Appellant's conviction for robbery with violence is quashed due to the lack of reliable identification evidence and the absence of stolen items in the Appellant's possession.
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IN RE ESTATE OF MARTIN MURITHI NJIRU – DECEASED) (Civil Suit 617 of 2007) [2010] KEHC 187 (KLR) (3 November 2010) (Ruling)
✦ The Plaintiff’s application is dismissed with costs to the Defendant
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COUNTY COUNCIL OF MALINDI v PISCES LIMITED [2010] KEHC 536 (KLR)
✦ The County Council of Malindi is awarded damages and other relief
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JOSPHAT MWANYAMBA MWASIO & 2 Others v REPUBLIC [2010] KEHC 687 (KLR)
✦ The conviction and sentences are upheld
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MARIANO DINACCI v ANGELO LATTINELLI [2010] KEHC 545 (KLR)
✦ The court orders the defendant to produce documents in his possession related to payments and agreements, and to provide particulars of claims.
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REPUBLIC v CHAIRMAN THIKA LAND DISPUTE TRIBUNAL & another [2010] KEHC 821 (KLR)
✦ The court quashed the proceedings and decree in the Land Disputes Tribunal and prohibited the respondents from taking any proceeding similar to the award and order the subject of review.
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MUMIAS SUGAR CO. LTD v PATRICK AMAMU SAKA [2010] KEHC 668 (KLR)
✦ The court sets aside the apportionment of liability and finds the Appellant fully liable. The award of Ksh.60,000 is set aside and substituted with Ksh.30,000. The special damages award of Ksh.1,500 remains undisturbed.