Kenyan case law
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In re M T (Baby) [2017] KEHC 1028 (KLR)
✦ The court finds that it would be in the best interest of the child to be adopted by the applicant and allows the application for adoption.
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Republic v Jane Muthoni Mucheru & another [2017] KEHC 1695 (KLR)
✦ The trial judge should be recused due to real prejudice and the need for an impartial judge to hear the case.
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Claudia Chebet Kosgei & 2 others v Jubilee Party & 2 others [2017] KEHC 1792 (KLR)
✦ The court ruled that it has jurisdiction to hear and determine the petition and that the petition is not time-barred.
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Bare Ali Issack v Abdullahi Bare Ali & another [2017] KEHC 1346 (KLR)
✦ The court reinstates the case and sets aside the dismissal order, but with the condition that the case be heard within the year 2018.
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Ali Mohamed Ibrahim v Republic [2017] KEHC 1616 (KLR)
✦ The conviction and sentence are upheld
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Laban Juma Toto & David Amunga v Kenya Copyright Board, Attorney General,Music Copyright Society of Kenya & Music Publishers Association of Kenya (Constitutional Petition 3B of 2017) [2017] KEHC 1099 (KLR) (6 December 2017) (Ruling)
✦ The court declines to grant the application and strikes it out, stating that the matter should go to full hearing of the main petition.
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Elijah Gichangi v Prosecution [2017] KEHC 1767 (KLR)
✦ The court allows the application for bail pending appeal and orders the appellant to be released on a bond of KShs.300,000/= with one suitable surety of a like amount.
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Mohamed Dado Hatu v Dhadho Gaddae Godhana, Returning Officer, Tana River County & Independent Electoral and Boundaries Commission [2017] KEHC 1733 (KLR)
✦ The petition and verifying affidavits contain the required details under Rule 8(1) and 12(2) of the Election Rules 2017, and the court should ensure the petition is heard and determined on merit.
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Adan Mohammed & 4 others v Attorney General & 2 others [2017] KEHC 940 (KLR)
✦ The court allows the application and grants prayer 2 and 3, allowing the petitioners to obtain a certified copy of the Occurrence Book Report No. 29/28/12/2015 and orders the petitioners to pay any applicable copying charges.
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Mutuku Kyulu v Grace Kasele Kithokoo & another [2017] KEHC 1683 (KLR)
✦ Appellant's application for stay of execution is allowed on terms
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Nahashon Akunga v Independent Electoral and Boundaries Commission & 2 others [2017] KEHC 1736 (KLR)
✦ The omission of 'HA' is an inadvertent slip and does not affect the substance of the petition.
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Nahashon Akunga v Independent Electoral and Boundaries Commission, Roberty Isaac Sidney Namulungu & Janet Ong’era (Election Petition 4 of 2017) [2017] KEHC 1909 (KLR) (6 December 2017) (Ruling)
✦ The court will invoke Article 159(2)(d) of the Constitution, Rule 4(1) & (2) and Rule 5(1) of the Elections (Parliamentary and County Elections) Petitions Rules 2017 to dispense substantive justice without giving undue regard to procedural technicalities.
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E M M v Republic [2017] KEHC 9760 (KLR)
✦ The conviction on the charge of attempted defilement is upheld. The sentence of 20 years imprisonment is set aside and substituted with a sentence of 10 years imprisonment.
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M K (Minor suing thr’ His Grandmother & Next Friend K M K v Joseph M. Nyale [2017] KEHC 784 (KLR)
✦ The trial court erred in awarding each party to bear their own costs, and the costs are hereby awarded to the appellant.
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Langat Dinyo Domokonyang v Republic [2017] KEHC 1182 (KLR)
✦ The conviction and sentence are quashed. The appellant is set free.
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Republic v Kenya Mdical Laboratory Technicians and Technologist Board & Abel Onyango Ex parte Nicky Odongo Lubanga (Judicial Review 601 of 2017) [2017] KEHC 9675 (KLR) (Judicial Review) (6 December 2017) (Judgment)
✦ The court found that the Board's decision was not in excess of jurisdiction or in violation of the rules of natural justice, and thus denied the applicant's application for certiorari, prohibition, and mandamus.
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Lesrima Simeon Saimanga v Independent and Electoral Boundaries Commission & 2 others [2017] KEHC 1827 (KLR)
✦ The court declines to grant the petitioner's prayer for a full scrutiny of all original forms 37A-37C in all polling stations and instead grants a read-only access to the data extracted from the KIEMS KIT.
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Jonathan Batita & another v Republic [2017] KEHC 9770 (KLR)
✦ The Applicants' applications for reinstatement of their bond terms are dismissed. They shall remain in remand custody pending conclusion of their trial.
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Republic v Joyce Kagendo [2017] KEHC 1425 (KLR)
✦ The application for bond is declined. The accused is to conduct her case while in custody.
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Jeremiah Nyangwara Matoke v Independent Electoral and Boundaries Commission & 2 others [2017] KEHC 1913 (KLR)
✦ Petitioner is at liberty to apply for scrutiny at any time in the proceedings as long as it meets the threshold set down for application for scrutiny.
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John Ritho Kanago & 2 others v Joseph Ngugi & another [2017] KEHC 1644 (KLR)
✦ The court found that the plaintiffs did not meet the requirements of Order 1 Rule 13 of the Civil Procedure Rules for authorizing one of the plaintiffs to act, plead, or act on their behalf.
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Boniface Muisyo Nguli v Kamitu Alex & 2 others [2017] KEHC 9727 (KLR)
✦ The Appellant's application for a stay of proceedings in Election Petition No. 1 of 2017 is dismissed with costs. The appeal is ordered to be served and the parties to appear for directions within a week.
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John Jandi Kibigo v Ayiego Kibigo [2017] KEHC 1252 (KLR)
✦ Ayiego Kibigo and Hezron Kedoyo Kibigo should petition for Letters of Administration within 60 days
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Christopher Lomaisia v State [2017] KEHC 1316 (KLR)
✦ The court finds that the prosecution proved the elements of defilement beyond reasonable doubt. The appeal is dismissed.
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Joseph Ntoiti Mwenda v Francis Kuura M’mujuri [2017] KEHC 1777 (KLR)
✦ The claim is allowed, and an order is issued for the transfer of 0.20 acres of the land parcel to the Plaintiff.