Kenyan case law
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Damisha Building Contractors Ltd v Auto Spring Manufacturers Ltd (Civil Suit 141 of 2009) [2015] KEHC 347 (KLR) (2 December 2015) (Ruling)
✦ The application is dismissed with no orders as to costs.
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Republic v District Land Adjudication & Settlement Officer Kibwezi Sub-County & another Ex-parte Joseph Kimani Mainga [2015] KEHC 1047 (KLR)
✦ The proceedings are statute barred as they were not commenced within six months of the adoption of the decision of the Land Disputes Tribunal.
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Miliman Resort Hotel Limited v Kenya Revenue Authority [2015] KEHC 1033 (KLR)
✦ The court allows the petitioner's application for a conservatory order pending the hearing and determination of the petition, restraining the respondent from taking any action against the petitioner or its proprietors, with the condition that the petitioner provide a bank guarantee of Kshs.50,000,000 within 21 days.
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Amos Salano v John Inyumili [2015] KEHC 184 (KLR)
✦ The appeal is dismissed as the trial Magistrate did not err in law or fact in the matters raised.
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Charles Omutimba Omusinde v Republic [2015] KEHC 467 (KLR)
✦ The appeal is dismissed in its entirety. The appellant is found guilty on his own plea on each of the three counts and is convicted accordingly. The sentences shall run concurrently.
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I M M v Republic (Criminal Appeal 25 of 2015) [2015] KEHC 773 (KLR) (2 December 2015) (Judgment)
✦ The conviction and sentence for incest are quashed. The Appellant is convicted of indecent act with a child and sentenced to 20 years imprisonment.
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Dominic Mwamiso Mwachofi v Republic [2015] KEHC 621 (KLR)
✦ The application is dismissed.
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Republic v Makueni District Commissioner Exparte - Kisingu Mathew Francisco Kisilu & 6 others [2015] KEHC 109 (KLR)
✦ The application is dismissed with costs to the Respondents and Interested Parties
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Eastleigh Mattress Ltd v Cabinet Secretary, Ministry of Labour Social Security and Services & another [2015] KEHC 8029 (KLR)
✦ The Court quashed the Labour Commissioner's decision to audit the Applicant's labour records and prohibited any further audits.
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Musili Mwaniki Samwel & 3 others v Republic [2015] KEHC 871 (KLR)
✦ The conviction and sentence are quashed and set aside.
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Martin Nzioka Mutua & 3 others v Margaret Ngina Francis Mutua [2015] KEHC 357 (KLR)
✦ The application for revocation of the limited grant is dismissed with costs to the respondent.
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Nashom Aseka v Moses Sudi Otoa & another [2015] KEHC 921 (KLR)
✦ The transfer of the land to the 1st defendant was fraudulent, and the land shall be retransferred to the plaintiff by the Land Registrar Bungoma Land Registry.
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Dorothy Monthe Ndumbu & 3 others v Mary P. Mbithi [2015] KEHC 340 (KLR)
✦ The grant of letters of administration intestate was made properly.
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Martin Bikuri v Speaker, County Assembly of Meru & 3 others [2015] KEHC 46 (KLR)
✦ The court has jurisdiction to intervene in the proceedings of the County Assembly if it is acting unconstitutionally. A conservatory order is deserved to prevent the Assembly from proceeding with the removal process.
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Republic v Boniface Mutwiri Cheme [2015] KEHC 8084 (KLR)
✦ The court ordered the accused to be released on bond with specific conditions
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Phelisia Wawira David v Aisha Motor Dealers Limited & 2 others [2015] KEHC 955 (KLR)
✦ Judgment in favor of the plaintiff in the sum of Kshs. 632,580 (general damages and special damages) with interest from the date of the judgment and the suit, and costs to the plaintiff.
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Deresina Mmanani vJanet Inzero Janet Khayela Otenyo [2015] KEHC 956 (KLR)
✦ The Court finds that Janet Inzero and Stephen Maina have not established their relationship with the deceased, and the Petitioner is the only beneficiary of the estate.
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Mulei Mwendwa v Tackan Arusi Mwandinda & 2 others [2015] KEHC 110 (KLR)
✦ The application is dismissed with no orders as to costs.
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R K v Lucy Wambeti Njue [2015] KEHC 350 (KLR)
✦ The defendant is held 100% liable for the deceased's death and awarded damages for pain and suffering, loss of expectation of life, lost years, and special damages.
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Benjamin Kochwe Nangeleka v Fwamba Nangeleka & another [2015] KEHC 889 (KLR)
✦ The plaintiff's case is proven, and judgement is granted in his favor with costs
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Antony Mwinzi Kyengo & another v Mulaimu Mavusyu & another [2015] KEHC 1064 (KLR)
✦ The appeal is upheld, the interlocutory mandatory injunction is set aside
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Republic v Ben Ole Mpinding [2015] KEHC 175 (KLR)
✦ The bond terms are set aside and varied to allow the accused to be released on a personal bond of Kshs.500,000/= with two sureties of Ksh.100,000/= each, with conditions for attendance at court.
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Republic v Khalphan Rashid Marjan [2015] KEHC 619 (KLR)
✦ The court ruled that the prosecution's application to summon Chief Inspector Munyiri and Rashid Omar was in accordance with Article 50 of the Constitution, and ordered the prosecution to furnish the defence with the statement of these witnesses in good time.
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Republic v James Kahiga Karuri [2015] KEHC 295 (KLR)
✦ The court finds the accused not guilty of murder.
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Alex Muturi Muriithi v Peter Mbogo & another [2015] KEHC 642 (KLR)
✦ The court dismissed the appeal, finding that the appellant failed to prove that the prosecution was instituted by the 1st respondent and that the police acted without reasonable and probable cause and that the prosecution was actuated by malice.