Kenyan case law
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ENVOY WAFULA NAKITARE v MULONGO SILUNGI [2009] KEHC 976 (KLR)
✦ The application is properly before the court despite the use of the wrong legal provision. The Plaintiff's failure to attend court was not deliberate.
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WILFRED KARANJA MBUTHIA v SERAH NJOKI MBUTHIA [2009] KEHC 534 (KLR)
✦ The application is granted, and the respondent is ordered to sign the necessary transmission documents within 14 days. The respondent will also pay the applicant's costs of the application.
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JASRON SANDE SAFANIA v REPUBLIC [2009] KEHC 959 (KLR)
✦ The application for bail pending appeal is disallowed and the applicant may fix his appeal for hearing.
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PETER WAMALWA KIBERENGE v RASOA NABIFWO WATAKA & another [2009] KEHC 974 (KLR)
✦ The appeal is struck out with costs to the respondent as it was not filed with the required leave.
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ELISHA JUMA AWUOR v WALTER MBOYA ONYANGO & another [2009] KEHC 954 (KLR)
✦ The court finds the plaintiff liable for trespass and awards the defendant Ksh 100,000/= as general damages. The plaintiff is directed to remove himself from the disputed plot within 90 days or the defendant can take execution.
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ENVOY WAFULA NAKITARE v MULONGO SILUNGI (Civil Case 142 of 2002) [2009] KEHC 131 (KLR) (11 November 2009) (Ruling)
✦ The application is properly before the court despite the use of the wrong legal provision, and the Plaintiff's non-attendance was not deliberate.
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MANASESSH KARIME NDAMI v JOEL CHEGE KINUTHIA [2009] KEHC 721 (KLR)
✦ The court granted the applicant leave to file an appeal out of time for 15 days.
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MESHACK OGEGA JOMBO v REPUBLIC [2009] KEHC 854 (KLR)
✦ The appeal against conviction is dismissed, and the sentence of 15 years in jail is affirmed.
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MWANGI PHILIP KIGUTA v WANJIRU MWANGI [2009] KEHC 991 (KLR)
✦ The court orders the defendant to vacate the disputed land within 30 days from the date of the judgment. The plaintiff is awarded mesne profits of Kshs. 1,131,331/50 for the years 2007-2009. The defendant's counter-claim is dismissed.
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ABDUL RASUL SHEIKH v TRUSTEES OF NAIROBI GYMKHANA [2009] KEHC 776 (KLR)
✦ The preliminary objection is overruled, and the application for an injunction pending appeal should be listed for hearing and determination on merit.
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REUBEN NYANGINJA NDOLO v DICKSON WATHIKA MWANGI & 2 others [2009] KEHC 876 (KLR)
✦ The court refuses to exercise its inherent power to order a de novo trial and dismisses the Notice of Motion with costs to the Respondents.
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In Re The Estate of Gitonga Gichagi (Miscellaneous Succession Cause 161 of 2006) [2009] KEHC 901 (KLR) (11 November 2009) (Ruling)
✦ The protest is dismissed, and the grant of letters of administration is confirmed on condition that the acreage due to each beneficiary is ascertained by a Government Surveyor.
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LABH SINGH HARNAM SINGH v ALFA MOTORS LIMITED & another [2009] KEHC 961 (KLR)
✦ The court dismisses the suit for want of prosecution but grants the plaintiff a last chance to proceed with the suit.
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ELIJAH ODHIAMBO v REPUBLIC [2009] KEHC 758 (KLR)
✦ The appeal is dismissed. The appellant was correctly convicted and sentenced.
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DAVID LUKA NJAGI v REPUBLIC [2009] KEHC 947 (KLR)
✦ The court held that the incarceration of the petitioner was not a breach of his fundamental rights guaranteed by section 72 (3) of the Constitution.
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KENYA LOCAL GOVERNMENT WORKERS UNION v NYERI COUNTY COUNCIL [2009] KEHC 1101 (KLR)
✦ The suit is ordered dismissed for want of prosecution.
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ELISHA JUMA AWOUR vs WALTER MBOYA ONYANGO & ANOTHER [2009] KEHC 14 (KLR)
✦ The court finds the plaintiff liable for trespass and orders him to remove himself from the disputed plot within 90 days. The defendant is awarded Ksh 100,000 in general damages and costs.
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rasoa nabifwo wataka& another v peter wamalwa kiberenge [2009] KEHC 70 (KLR)
✦ The appeal is struck out with costs to the respondent.
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JAMES OGATA NYANTENGA v CLERK KEROKA TOWN CUNCIL & another [2009] KEHC 964 (KLR)
✦ The application to withdraw the subordinate court case is incompetent and is struck out with costs.
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HANNINGTONE OTIENO v REPUBLIC [2009] KEHC 742 (KLR)
✦ The conviction is quashed and the sentence set aside. The appellant is set free.
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RHODAH NYANGOTO OIRERE v JOYCE KEMUNTO & another [2009] KEHC 780 (KLR)
✦ The plaintiff is entitled to the exhumation of the body of the late James Oirere subject to any public health concerns by the relevant authority. The plaintiff is awarded Kshs. 50,000/= (fifty thousand) in general damages. Costs and interest shall follow the event.
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SYLVESTER KHAEMBA KWANUSU & another v KHAEMBA CHIMAKILE & another [2009] KEHC 951 (KLR)
✦ The court dismisses the appeal for want of prosecution
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PAUL KIBARA WAITHAKA & another v REPUBLIC [2009] KEHC 1056 (KLR)
✦ The convictions of both appellants are quashed and they are set at liberty.
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COLLETER ADHIAMBO OCHIENG v ALICE AKOTH OCHUOGA & another [2009] KEHC 973 (KLR)
✦ The application is dismissed with costs.
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KENYA TEA DEVELOPMENT AGENCY v SOFIA NYABOKE KENANDA [2009] KEHC 789 (KLR)
✦ Order dated 7/5/2009 dismissing the appeal is reviewed and set aside. The application dated 26/3/2009 by the respondent is struck out with costs.