Kenyan case law
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REGAN OTIENO OTIENO v REPUBLIC [2009] KEHC 745 (KLR)
✦ The appeal is allowed on the ground of procedural defects, conviction and sentence are quashed, and a retrial is ordered.
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In Re The Estate of Abbas Athumani (Deceased) [2009] KEHC 535 (KLR)
✦ Aziza Juma Athumani should be formally included in the letters of administration as a co-administrator and should file her own list of assets, beneficiaries, and proposed mode of distribution within 14 days.
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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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MOSES MUNYWOKI MWENDWA & another v JOHN MUTUA MUASYA & another [2009] KEHC 1043 (KLR)
✦ The Defendants are ordered to vacate the land and are permanently enjoined from entering, encroaching, or remaining on the land.
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ANDREW MOKAYA ANGWENYI v CO-OPERATIVE BANK OF KENYA LTD [2009] KEHC 760 (KLR)
✦ The application is dismissed. The exparte injunction is lifted.
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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.
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P.M. MULWA v MAVOKO MUNICIPAL COUNCIL [2009] KEHC 620 (KLR)
✦ The court held that the taxing officer did not err in law in allowing basic instruction fees in the sum of Kshs. 1 m and in awarding a sum of Kshs 10,000/= for instruction fees for defending an application.
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JOSEPH MAITHA v ELIZABETH K NDOLO & 3 others [2009] KEHC 1044 (KLR)
✦ The Plaintiff's claim is not frivolous and discloses a cause of action. The Plaintiff was not a party to the proceedings before the Court of Appeal and the issues in the suit are not the same as in the previous proceedings.
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LAZARUS IRUNGU MAINA & 7 others v REPUBLIC [2009] KEHC 1011 (KLR)
✦ The court declines to interfere with the orders made in Criminal Case No. 1481/2005 and orders the lower court file to be returned.
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DAVID KINYAMBU MBILI v TITO KINYAMBU [2009] KEHC 936 (KLR)
✦ The Application for contempt of court is dismissed with costs to the Plaintiff
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DANIEL MOGAKA V RONALD MOGUSU AYUBU [2009] KEHC 777 (KLR)
✦ The application for stay of execution is dismissed with costs as it lacks merit.
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In Re The Estate of Kipkurui Mibei (Deceased) [2009] KEHC 73 (KLR)
✦ The court directs that the four widows be the co-administrators of the deceased's estate, and that they file new forms P&A 80, 11, 12, 57, 5, together with consents from the survivors.
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REPUBLIC v LAND DISPUTES TRIBUNAL MERU CENTRAL DISTRICT [2009] KEHC 933 (KLR)
✦ The court grants leave to amend the notice of motion.
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NYACHOTI & CO. ADVOCATES v JAYAYANTILAL JIWABHAI PATEL [2009] KEHC 712 (KLR)
✦ The court ordered the defendant to pay the plaintiff the certified costs of Kshs.609,277.52 and interest at 14% per annum from July 16, 2009.
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Republic v Director of Land Adjudication & another Exparte Josphat Matiri M'Amiru [2009] KEHC 935 (KLR)
✦ The application is dismissed as the ex parte applicant has failed to produce any newly discovered evidence and has not annexed the decision sought to be reviewed. The Civil Procedure Act and the rules made thereunder are inapplicable to judicial review proceedings.
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ASPIRE INVESTMENTS LIMITED v GEBCONS LIMITED [2009] KEHC 585 (KLR)
✦ The court awarded the plaintiff vacant possession and mesne profits of Kshs.320,000, with further accruing mesne profits at Kshs.10,000 per month until the date of delivery of vacant possession.
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REPUBLIC v RASESH CHHOTALLAH SHAH [2009] KEHC 139 (KLR)
✦ The accused is found guilty of the two charges of murder.
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Safaricom Limited v Oceanview Beach Hotel & 2 others [2009] KEHC 1124 (KLR)
✦ The court declines to grant the interim injunction and vacates the interim exparte order of injunction.
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ROSE NTHIORI v SALOME KOORU & another [2009] KEHC 898 (KLR)
✦ Salome Kooru is entitled to half an acre of the deceased's estate, and the balance should go to the petitioners.
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REPUBLIC v SHABAN ROMAN MWALEWA [2009] KEHC 394 (KLR)
✦ The charge was properly framed and the conviction was proper.
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KASSIM FARAH WARSAME t/a SALAT TRANSPORTERS & another v JOHN MBUGUA OTSYULA [2009] KEHC 1228 (KLR)
✦ The Court dismissed the respondent's claim and upheld the appellants' defense.
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HONEYCARE AFRICA LIMITED v REGISTERED TRUSTEE OF AGRICULTURAL SOCIEITY OF KENYA & KANGERI WANJOHI T/A KINDEST AUCTIONEERS (Civil Case 484 of 2009) [2009] KEHC 1150 (KLR) (Civ) (6 November 2009) (Ruling)
✦ The application is dismissed with costs to the respondents.
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Julius Kauru Mugaa v Kainga M'Ithili [2009] KEHC 612 (KLR)
✦ The appeal is dismissed with costs to the respondent. The learned resident magistrate's judgment is well supported by the evidence adduced before him.
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ROYAL MEDIA SERVICES v TELKOM KENYA LTD COMMUNICATIONS & 13 others (Civil Application 15 of 2000) [2009] KEHC 864 (KLR) (6 November 2009) (Ruling)
✦ The application is granted, and the applicant is ordered to file a reference against the tax order.
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JULIUS KAURU MUGAA v KAINGA M’ITHILI [2009] KEHC 1321 (KLR)
✦ The learned magistrate's judgment is well supported by the evidence, and the present appeal has no merit. The appeal is dismissed with costs to the respondent.