Kenyan case law
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COSMAS MUGIRA IRAKU V REPUBLIC [2012] KEHC 950 (KLR)
✦ The conviction is quashed and the Appellant is set at liberty.
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NATIONAL BANK OF KENYA LIMITED v JUMA CONSTRUCTION LIMITED & 4 others [2012] KEHC 608 (KLR)
✦ The applications for dismissal of the Plaintiff's suit are dismissed with no order as to costs. The Plaintiff has to take pre-trial steps within 30 days of the date of this ruling.
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REPUBLLIC, THROUGH CALEB MUYAKANE ABUNYIHWA & another v THE CHAIRMAN KAKAMEG MUNICIPALITY LAND DISPUTES TRIBUNAL [2012] KEHC 156 (KLR)
✦ The application has merits and is allowed. Each party to meet own costs.
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PETER WASIKE SIBOKO V FELIX SAKINI WASKIE [2012] KEHC 108 (KLR)
✦ The court orders the Respondent to sign Form R.L.16 and grants costs to the Applicant.
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CAROLINE MBEVI v KINGS CAPITAL & 2 others [2012] KEHC 568 (KLR)
✦ The seizure of the petitioner's property was in execution of the loan agreement between her and the 1st respondent. The petitioner's claim is a claim under contract law, not a constitutional petition.
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JOSEPH OCHWERI OBEGI & 5 OTHERS V GESARE OKIOMA [2012] KEHC 869 (KLR)
✦ The court dismissed the preliminary objection and held that the court had wide powers to grant a claim whether pleaded or not.
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REPUBLIC V PERMANENT SECRETARY INTERNAL SECURITY OFFICE OF THE PRESIDENT EXPARTE MARGARET WANJIKU KINYANJUI & ANOTHER [2012] KEHC 489 (KLR)
✦ An order of mandamus is granted compelling the Permanent Secretary to satisfy the decree, costs, and interest in Nakuru CMCC No. 705 of 2001.
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LEONARD KINYUA V REPUBLIC [2012] KEHC 949 (KLR)
✦ The conviction is quashed and the appellant is set at liberty.
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JAMES WANYAMA MASOLO V FREDRICK WAKHUNGU WANYAMA & ANOTHER [2012] KEHC 364 (KLR)
✦ Grant of letters of administration revoked and letters of administration granted to David Wekesa Wanyama and Mary Nasimiyu Wanyama as joint administrators, with Stephen Wafula Wanyama continuing as a joint administrator and providing inventory and account of estate within three months.
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ALI ASGAR & 3 OTHERS V MUSLIM ASSOCIATION OF MSA [2012] KEHC 984 (KLR)
✦ The court confirmed the order of 4th October, 2012, granting an interim stay of execution of the ruling of 21st August, 2012 until the appeal is determined. The appellants will continue to pay old rents and deposit the difference with the new rents in court.
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REPUBLIC V JOSEPH KIPROTICH MAIYO [2012] KEHC 758 (KLR)
✦ The court sentences the accused to a term of ten (10) years imprisonment, finding the death penalty to be no longer mandatory and against the Constitution.
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ANDREW KAILEMIA KIREMANA & 2 OTHERS V REPUBLIC [2012] KEHC 952 (KLR)
✦ The convictions entered against the 3 appellants are unsafe and accordingly we allow the appellants appeal, quash the conviction and set aside the sentence. We direct that the appellants should be left at liberty forthwith unless they are otherwise lawfully held.
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ASHISH SHAH V REPUBLIC [2012] KEHC 974 (KLR)
✦ The court declines to grant the applicant's request to set aside the warrant of arrest and release him on bond, but orders the case to be heard expeditiously.
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PETER OKWAKO MURWA V SYLVANUS EMMANUEL WALUTSACHI [2012] KEHC 190 (KLR)
✦ The application is allowed on the condition that the applicant do deposit security of Kshs.100,000/=. Costs of the application to the respondent.
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J.P V G.W [2012] KEHC 730 (KLR)
✦ A decree of nullity of the marriage is pronounced on the ground of the Respondent's willful refusal to consummate the marriage.
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KANYOTTA HOLDINGS LIMITED v KENYA SHELL LIMITED [2012] KEHC 607 (KLR)
✦ The preliminary objection fails, and the Defendant's Notice of Motion is fixed for hearing.
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ERICK OJWANG OYIEYO & ANOTHER V REPUBLIC [2012] KEHC 975 (KLR)
✦ The applicants' appeal is dismissed. The court finds no existence of exceptional or unusual circumstances upon which it may conclude that it is in the interest of justice to grant the orders sought.
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REPUBLIC V ATTORNEY GENERAL EX-PARTE ISAIAH ODUOR OCHANDA [2012] KEHC 383 (KLR)
✦ The application is allowed with costs to the applicant
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SALMA JIRE MOHAMED V RASHID ARALE BARE [2012] KEHC 204 (KLR)
✦ A stay of execution of the Judgement and Decree of the Kadhi dated 29th November 2011 and 26th January 2012 respectively is granted pending hearing and determination of the appeal.
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EDWARD GATIBA MBUGUA V BARCLAYS BANK (K) LIMITED [2012] KEHC 829 (KLR)
✦ The application is dismissed as res judicata due to a previous similar case in the Chief Magistrate's Court.
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OSHIVJI KUVENJI & another v JAMES MOHAMED ONGENGE (Suing as a representative of the estate of SAMUEL ONGENGE) [2012] KEHC 531 (KLR)
✦ The court awards a global sum of Ksh. 320,000/= under the Fatal Accidents Act for loss of dependancy, finding the original award to be inordinately too high.
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DANIEL KARURU MWAURA & 12 OTHERS V EDWARD KANJABI & ANOTHER [2012] KEHC 946 (KLR)
✦ The Court finds that the Plaintiffs have not established a contract with the Defendants and that there is no ad idem between the parties.
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JELIMAR DEVELOPERS LIMITED V WILSON WAITHAKA GITAU [2012] KEHC 817 (KLR)
✦ The ex-parte judgment is set aside.
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REPUBLIC v DIRECTOR OF PUBLIC PROSECUTIONS & 2 others Exparte PETER MULWA MBITHI [2012] KEHC 5530 (KLR)
✦ The consent order is unconstitutional and cannot be adopted by this court. The application succeeds.
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JOSEPH MUCHUI MUIRURI V PETER KARIUKI MACHARIA & ANOTHER [2012] KEHC 827 (KLR)
✦ The application is dismissed ex-parte due to lack of service on the Respondents. The matter is stood over with leave to the applicant to take appropriate steps to advance it.