Kenyan case law
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Republic v Anne Nasimiyu Wanjala [2014] KEHC 1025 (KLR)
✦ The court found that the prosecution failed to prove its case and ordered the accused to be acquitted.
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Ndathi N. Kaniki v John Njiru Njuki & 10 others [2014] KEHC 752 (KLR)
✦ The court grants leave to the plaintiff to effect service upon Brian Njoka Muturi by way of notice of substituted service by advertisement in one of the daily newspapers with a wide circulation.
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Global Apparels (EPZ) Kenya Ltd v Peter Kimathi Ndolo [2014] KEHC 524 (KLR)
✦ The appeal on liability fails and on quantum the award is set aside and replaced with an award of Kshs.40,000/- as general damages.
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Republic v Kenyatta University & 2 others Ex-Parte Gatetua Macharia Kennedy [2014] KEHC 8531 (KLR)
✦ The Applicant was not subject to the University's disciplinary process after completing his studies, and the disciplinary process was not fair.
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Masika & Koross Advocates v China Wu Yi Company Limited [2014] KEHC 832 (KLR)
✦ The reference application is allowed, and the ruling of the taxing officer is set aside in relation to item 1 of the Bill of Costs. The Bill of Costs is to be re-taxed before the same taxing master with regard to item 1, taking into account the observations made.
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Laban Kibinga Kimondo & 5 others v Attorney General, (Sued For and on Behalf of) Minister For Lands & 3 others [2014] KEHC 757 (KLR)
✦ The application is time barred and the court has no discretion to extend the time within which to file for an order of certiorari. Leave to file for an order of certiorari is hereby refused, and the orders of mandamus and prohibition are denied.
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Emmanuel Napenda v Republic [2014] KEHC 8571 (KLR)
✦ The custodial sentence is commuted to the period already served
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A.M.N v W.M.N [2014] KEHC 8613 (KLR)
✦ The marriage is dissolved, and a decree nisi is issued. The decree absolute will follow in six months. The children are now adults, and their custody is not addressed. The court dismisses the Answer to the petition and Cross Petition as no evidence was adduced.
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Republic v Dilesh Sonchand Bid [2014] KEHC 8545 (KLR)
✦ The application for revision is dismissed, and the trial court's sentence is upheld
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Stephen G.Rurigi Gatheru & 2 others v Attorney General & 3 others [2014] KEHC 660 (KLR)
✦ The Plaintiffs have not established a prima facie case with a probability of success and the balance of convenience tilts in favor of the 3rd Defendant. The application for interim injunction is dismissed.
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Republic v Hannah Muhito Njoroge [2014] KEHC 8542 (KLR)
✦ The court granted the accused bail pending the remainder of the trial, subject to a bond of Kshs.1 million with one surety of the same amount.
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John Joel Kanyali v Fidelity Commercial Bank Limited [2014] KEHC 8582 (KLR)
✦ Defendant's application dismissed with costs
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In re M H (Minor) [2014] KEHC 606 (KLR)
✦ The court allows the application for adoption. The applicant, N M M, is hereby allowed to adopt Baby M H. She shall henceforth be known as M N M.
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Joyce Wanjiku Madsen & another v Daniel Kairu Kiaraho & 3 others [2014] KEHC 724 (KLR)
✦ The 1st Defendant is ordered to transfer the property free from encumbrances and pay general damages of Kshs.8,500,000.
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Robert Meleya Ole Letoluo & 5 others v Synergy Industrial Credit Ltd & 2 others [2014] KEHC 581 (KLR)
✦ The application is incompetent and is struck out. The applicants are granted leave to file fresh applications seeking leave for extension of the limitation period.
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Pius Mulwa Masai (Suing as Legal Representative of the Estate of Masai Kabolelya) v Nzembi Musili & 5 others [2014] KEHC 1001 (KLR)
✦ The defendants' application for dismissal of the suit for want of prosecution is dismissed with no order as to costs.
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Republic v Carlos Muli Kimeu [2014] KEHC 1433 (KLR)
✦ The accused is directed to give a defence to the charge of murder.
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In re A K P- Minor [2014] KEHC 612 (KLR)
✦ The adoption order is valid and the adoption has the same effect as an adoption order made under the Children's Act, 2001. The adoption order is therefore registered.
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Republic v Edward Kirui [2014] KEHC 8574 (KLR)
✦ The Accused is released on bail pending trial on condition that he posts a bond of Kshs.2 million with one surety of the same amount and attends court without fail.
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In re Baby J Alias Z - Minor [2014] KEHC 601 (KLR)
✦ The applicants have met the criteria set for international adoption and are authorized to adopt Baby J alias Z. The child shall henceforth be known as J R and is presumed to be a citizen of Kenya by birth.
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Registered Trustees of The Sisters of Mercy T/A Mater Misericordiae Hospital v Jacinta W. Maina & another [2014] KEHC 544 (KLR)
✦ The court found the publications in the internal memo and newspaper not defamatory on their face but when read together, they did perpetuate defamation. The court dismissed the defamation claim and the claim for terminal dues.
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Kenya Council of Employment & Migration Agencies v John Mbuthia Kariuki & 6 others [2014] KEHC 665 (KLR)
✦ The Petition is struck out in its entirety.
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Joseph Nathaniel Kipruto Arap Ng’ok & another v Eabs Bank Limited [2014] KEHC 8627 (KLR)
✦ The plaintiffs failed to discharge the burden of dislodging the presumption that the process server had effected service, and there was no reason to reinstate the suit.
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In Re the the Estate of C O O (Patient) [2014] KEHC 1295 (KLR)
✦ The court appoints the 1st, 2nd, and 3rd petitioners as managers of the patient's estate
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Monicah Moraa v Kenindia Assurance Co Limited (Civil Case 43 of 1999) [2014] KEHC 338 (KLR) (1 December 2014) (Ruling)
✦ The court extended the stay of execution to 15th June, 2015, validated the extended bond/bank guarantee, and granted interim orders staying attachment/collection/sale of the defendant's properties.