Kenyan case law
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Julius Mogaka Gekonde T/A E-Smart Technical College v Ouru Power Limited Joseph O. Nyachoti T/A Minmax Auctioneers [2016] KEHC 958 (KLR)
✦ The court dismissed the plaintiff's applications for review and variation of the order.
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Peter Warutere & another v Speaker County Assembly of Nairobi & 3 others [2016] KEHC 8435 (KLR)
✦ The impeachment proceedings were conducted in violation of the 1st Petitioner's right to fair administrative action under Article 47 of the Constitution.
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Bespoke Insurance Brokers Ltd v County Secretary, County Government Of Nairobi & anothers [2016] KEHC 232 (KLR)
✦ The application for mandamus is dismissed with costs to the respondent's, as the court cannot compel the respondents to pay money without any documentation to support such payment.
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Mikul N. Shah & another v Director of Immigration Services [2016] KEHC 8468 (KLR)
✦ Petitioners have locus standi to bring the application and are entitled to access the information being sought.
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Jotham Gikundi & another v K-Rep Bank Limited & another [2016] KEHC 594 (KLR)
✦ An order of temporary injunction is issued restraining the defendants from proceeding with the sale of the land pending the hearing and determination of the suit.
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Phillip Ouko v Republic [2016] KEHC 8461 (KLR)
✦ The application is spent as the sentence has already been served and the application is overtaken by events.
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Nyeri Teachers Sacco v Commissioners of Domestic Taxes [2016] KEHC 133 (KLR)
✦ The Appeal is dismissed. The Appellant is not liable to pay Withholding tax on interest paid by KUSCCO. FOSA activities are not within the aims and objectives of SACCOs and are therefore not subject to the mutual label and privileges.
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Japhet Bundi v Timothy Marete [2016] KEHC 854 (KLR)
✦ The Consent Order is adopted as an order of the Court.
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Amina Omar Munye & another v Ali Eymoy Abdi [2016] KEHC 673 (KLR)
✦ The application is dismissed and no costs are awarded.
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Philiph Josephat v Mary Mahiga Mudijire [2016] KEHC 989 (KLR)
✦ The applicant has the right to inherit the deceased's estate and her application is allowed.
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Republic v Moses Oparanya Okoth [2016] KEHC 8346 (KLR)
✦ The application is struck out and the applicant is at liberty to file a fresh application if they still wish to pursue the intended appeal.
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In re Estate of Late Nyambane Onsoi & another (Deceased) [2016] KEHC 723 (KLR)
✦ The application dated 8th February 2016 is res judicata, and the application is dismissed. The objectors are advised to approach the court through fresh contempt of court proceedings if a need arises.
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Republic v Kikuyu Magistrates Court (Criminal Division) & 9 others Ex Parte Charles Mbugua Njuguna [2016] KEHC 8301 (KLR)
✦ The court will not hesitate in putting a halt to criminal proceedings if they constitute an abuse of process
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Republic v Mark Muchika [2016] KEHC 8408 (KLR)
✦ The court reinstates the accused's bond terms as granted on 16.12.2013, with a stern warning against any threats to the victim's family.
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Nelson Havi & 8 others v Inspector General of Police & 5 others [2016] KEHC 8437 (KLR)
✦ Motion to compel disclosure of information dismissed
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Republic v James Muthii Wanjiku [2016] KEHC 322 (KLR)
✦ The court finds that the evidence does not make out a case on which the court could convict the accused if no explanation is offered by the defense. The court therefore acquits the accused of murder.
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Charles Michira Mogoi v Paurina Nyaboke Mogoi [2016] KEHC 680 (KLR)
✦ The grant is revoked and a fresh grant is issued in the joint names of the petitioner and the applicant.
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S W M v Republic [2016] KEHC 567 (KLR)
✦ The applicant, S W M, is appointed as a guardian to M N S to assist in adducing evidence in Mumias Principal Magistrate’s Court Criminal Case No. 394 of 2014.
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Benjamin K.Kipkulei v County Goverment of Mombasa [2016] KEHC 694 (KLR)
✦ The court found that the petitioner's right to a fair trial was violated due to improper service of summons and that the process leading to the deprivation of property rights was flawed.
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Krish Commodities Ltd v Kenya Revenue Authority [2016] KEHC 1355 (KLR)
✦ The court held that KRA acted within its jurisdiction and was not unreasonable in demanding the amount after four years from the clearance of the imported commodities.
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Ali Ahmed Saleh v Republic [2016] KEHC 868 (KLR)
✦ Conviction on count 1 upheld, sentence reduced to a fine of Kshs 100,000 and 9 months imprisonment. Conviction on count 2 quashed. Repatriation order to Somalia set aside.
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Republic v Peter Njoroge Mungai & 2 others [2016] KEHC 332 (KLR)
✦ The court grants bail to the three accused persons in the following terms and conditions.
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Manson Oyongo Nyamweya v Kithure Kindiki & another [2016] KEHC 490 (KLR)
✦ The court held that the plaintiff was not deprived of his money by the defendant's wrongful act and dismissed the plaintiff's claim.
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Catherine Ciangai Njoka v Anyes Chuka Njoka & another [2016] KEHC 506 (KLR)
✦ The application is dismissed with no orders as to costs
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Republic v Disciplinary Tribunal of the Law Society of Kenya Exparte John Wacira Wambugu & 2 others [2016] KEHC 1350 (KLR)
✦ The court found that the applicant's case of a compromise between the parties to the dispute before the Disciplinary Tribunal was not valid and should not have prevented the Tribunal from proceeding with the disciplinary proceedings.