Kenyan case law
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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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National Bank of Kenya Limited v Alfred Owino Balla [2017] KEHC 1774 (KLR)
✦ The Court of Appeal of East Africa has established the four essential elements of malicious prosecution: (1) the criminal proceedings must have been instituted by the defendant, (2) the defendant must have acted without reasonable or probable cause, (3) the defendant must have acted maliciously, and (4) the criminal proceedings must have been terminated in the plaintiff's favour.
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Michael Gichuru v Rigathi Gachagua & 2 others [2017] KEHC 1857 (KLR)
✦ There is no sufficient basis for scrutiny or recount of votes cast for election of Member of National Assembly for Mathira Constituency
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Mohamed Dado Hatu v Dhadho Gaddae Godhana & 3 others [2017] KEHC 1811 (KLR)
✦ The court dismisses the petitioner's application for scrutiny and recount as premature and directs the petition to proceed to pre-trial conference and hearing.
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Robert Gathigana Njagi v John Mutua Manda [2017] KEHC 1680 (KLR)
✦ The court grants the application for stay of proceedings pending the hearing and determination of the Appeal.
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Abdul Majid Suleman (Suing on his own behalf and also as legal representative of the estate of Abdul Aziz Suleman-Deceased & 4 others v County Government & 3 others [2017] KEHC 1753 (KLR)
✦ The court finds that the conversion of the adjacent space as a matatu terminus has caused obstruction and interfered with the use of the petitioners' premises.
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David Kipngeno Bett v Republic [2017] KEHC 873 (KLR)
✦ The charge sheet was proper, and the age of the victim was proved. The inconsistent testimonies were not fatal to the prosecution case.
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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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John Macharia Kamau v Republic [2017] KEHC 1764 (KLR)
✦ Appellant’s application for bail is declined and dismissed
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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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Ruth Wachera Karanja v James Muiruri Ng'anga' & 3 others [2017] KEHC 10070 (KLR)
✦ The Plaintiff's suit is dismissed with costs due to want of prosecution.
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Republic v Anthony Kiplangat [2017] KEHC 1769 (KLR)
✦ The court declines to grant bail pending trial as the accused has not demonstrated that circumstances have changed and has not shown that he will not abscond.
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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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Katana Kitsan Gona v Republic [2017] KEHC 731 (KLR)
✦ The appeal on sentence is allowed. The sentence is set aside and replaced with the period already served.
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Polpane Properties Ltd v Jasper Omondi & 2 others t/a Omondi Waweru & Company Advocates [2017] KEHC 653 (KLR)
✦ The plaintiff is entitled to a refund of the deposit and interest, as the vendor failed to remove the caveats within the stipulated 90 days.
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R K T v Republic [2017] KEHC 870 (KLR)
✦ The court denies the application for bail pending appeal as the appellant is a convicted person and the sentence imposed is not illegal.
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Abdul Majid Suleman (suing on his own behalf and also as legal representative of the Estate of Abdul Aziz Suleman (Deceased), Kulsum Suleman, Amina Suleman, Abdul Latif Suleman, Zainab Suleman v County Government [2017] KEHC 1718 (KLR)
✦ The court finds that the conversion of the adjacent space as a matatu terminus caused obstruction and interfered with the use of the petitioners' premises and the plot as a loading/landing bay.
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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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Benson Muchira & another v M W N & another [2017] KEHC 1628 (KLR)
✦ The application has merits and is allowed with costs.
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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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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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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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Anastacia Nduku John v Aggrey Ogutu Oyugi [2017] KEHC 1066 (KLR)
✦ The court allows the appeal and deems the appellant's memorandum of appeal as duly filed.
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Republic v Andrew Mikubo & Peter Nyakundi Ondicho [2017] KEHC 1762 (KLR)
✦ The accused are found guilty of murder
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Omurwa Dancas Ogoro v State [2017] KEHC 845 (KLR)
✦ The appeal is allowed, and the appellant is acquitted.