Kenyan case law
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BONIFACE MUNGAI GACHANJA vs REPUBLIC [2002] KEHC 684 (KLR)
✦ The appeal is allowed, and a re-trial of the applicant shall be conducted by another magistrate of competent jurisdiction.
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WILLYMWAGO GACHUKIA vs REPUBLIC [2002] KEHC 1256 (KLR)
✦ The sentence of 2 years imprisonment is not warranted and is reduced to the period already served by the appellant, who shall be released forthwith unless otherwise lawfully held.
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NDOLO NDILU NDOLO vs REPUBLIC [2002] KEHC 681 (KLR)
✦ The appeals are allowed, convictions quashed, sentence set aside, and appellants ordered to be set at liberty
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JOSEPH MUCHINA vs CO-OPERATIVE BANK KENYA LTD [2002] KEHC 831 (KLR)
✦ The court dismissed the appeal and upheld the consent orders
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A N W vs J W N (Divorce Cause 49 of 2001) [2002] KEHC 125 (KLR) (3 June 2002)
✦ The marriage is dissolved, and custody of the child is awarded to the Petitioner
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Kwa Hola Pharmacy v Copy Cat Coast Ltd [2002] KEHC 833 (KLR)
✦ The application is misconceived and accordingly dismissed with costs to the Respondent
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HEZRON GITHUA vs REPUBLIC [2002] KEHC 418 (KLR)
✦ The appeal is dismissed as the prosecution's evidence was found unsatisfactory and the sentences are not excessive.
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LEISURE CAR HIRE TOURS & SAFARIS LTD vs IMPERIAL BANK LTD [2002] KEHC 583 (KLR)
✦ The court granted the interim injunction but noted that the Applicant did not proceed with the application after obtaining the interim injunction.
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A N W vs J W N [2002] KEHC 298 (KLR)
✦ The marriage is dissolved, and custody of the child is awarded to the Petitioner
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POLUCON SERVICES (K) LTD vs JOSEPH WANYAMA & JAMES ODERA T/A & ANOTHER [2002] KEHC 241 (KLR)
✦ Application for transfer of suit from Chief Magistrate's Court to High Court fails with costs.
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RENJE KAMBI KITSAO vs REPUBLIC [2002] KEHC 929 (KLR)
✦ The conviction for robbery with violence is quashed due to improper application of principles regarding circumstantial evidence and lack of corroboration.
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DAVID WAWERU KAMAU vs PAUL NGUGI MWAURA & ANO. [2002] KEHC 624 (KLR)
✦ The plaintiff is awarded Kshs. 1,391,600/- in total damages, with 40% apportioned to the second defendant.
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RENJE KAMBI KITSAO vs REPUBLIC [2002] KEHC 446 (KLR)
✦ The conviction for robbery with violence is quashed due to the lack of direct evidence and the failure to properly apply the principles of circumstantial evidence.
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NANCY WANJIRU NGANGA vs THE STANDARD LTD & BETTING CONTROL LICENSING BOARD [2002] KEHC 662 (KLR)
✦ The court dismisses the plaintiff's case for lack of prosecution.
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N P G vs L K K [2002] KEHC 292 (KLR)
✦ The court finds the husband guilty of cruelty and dissolves the marriage
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JOHN NDEGWA NJUGUNA vs REPUBLIC [2002] KEHC 371 (KLR)
✦ The conviction is quashed and the sentence set aside.
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KEPHA RIANGA KIMAIGA vs KENYA POWER & LIGHTING COMPANY LTD [2002] KEHC 673 (KLR)
✦ The court finds that the termination of employment was wrongful and dismisses the suit with costs to the defendant.
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JOHNSON JOSHUA KINYANJUI vs REPUBLIC [2002] KEHC 1259 (KLR)
✦ The appeal is allowed, conviction is quashed, and sentence set aside.
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JOYCE MAKAKA vs REPUBLIC [2002] KEHC 1237 (KLR)
✦ The appeal is allowed, conviction quashed and sentence set aside. The fine should be refunded to the appellant.
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LUCIA KASWII MUTINDA vs SIMON MUNYOKI & ANOTHER [2002] KEHC 520 (KLR)
✦ The court awards Kshs.450,000/= as general damages and Kshs.4,150/= as special damages.
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REPUBLIC vs ALI BEMBUZI MWAPOMBE [2002] KEHC 333 (KLR)
✦ The accused is found guilty of the act charged but insane at the time of the crime.
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JOYCE MAKAKA vs REPUBLIC [2002] KEHC 1093 (KLR)
✦ The appeal is allowed, conviction quashed and sentence set aside. If the fine was paid, it should be refunded to the appellant.
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In Re NOAH EARNEST KAMAU WANGATI [2002] KEHC 1022 (KLR)
✦ The grant of letters of administration was null and void due to lack of jurisdiction. The estate should be divided equally between the applicant and her two children, and a fresh grant should be issued.
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MUSA SHITI SABABU vs REPUBLIC [2002] KEHC 168 (KLR)
✦ The learned trial magistrate's ruling on whether the applicants have a case to answer is not subject to review. The learned trial magistrate's refusal to disqualify herself and her refusal to transfer the case to another court are upheld. The learned trial magistrate's refusal to vary the terms of Josewa Olopi's release on bond is upheld.
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Nation Newspapers Ltd v Gilbert Gibendi [2002] KEHC 1188 (KLR)
✦ The trial court's finding that the words were defamatory and that the appellant acted without malice is upheld. The appellant's defence of fair comment on a matter of public interest is successful, and the trial court should have so held.