Kenyan case law
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DAVID OTIENO ODHIAMBO v REPUBLIC [2009] KEHC 150 (KLR)
✦ The applicant's constitutional rights were violated due to the delay in arraignment. The charge is not declared nullity and quashed, but the applicant is at liberty to claim compensation from violators.
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JANE THAGANA & 3 others v ALICE MUMBI NJAGI & another [2009] KEHC 917 (KLR)
✦ The ownership of the land rightly and lawfully devolved from Njonjwe Mungai to Esbon Njagi, and the plaintiffs' case is dismissed with no order as to costs.
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In Re The Estate of Paul Kiprotich Ngetich (Deceased) [2009] KEHC 74 (KLR)
✦ The papers filed are in order. The assets described as 'Benefits' from the deceased employer should be disclosed.
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REPUBLIC v LALJI REMJI CHABHADIA [2009] KEHC 220 (KLR)
✦ The criminal proceedings are dismissed as they are an abuse of the court process and create conflict with the civil judgment.
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NARENDRA KARSAN T/A K.B. SANGHANT & SONS & 4 others v BENSON RITHO MURIITHI [2009] KEHC 1254 (KLR)
✦ The plaintiffs' application for injunction is allowed, and the defendant is restrained from evicting the plaintiffs until the final hearing and determination of the suit.
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JOSEPH THURANIRA NGUGI v REPUBLIC [2009] KEHC 912 (KLR)
✦ The conviction is quashed and the appellant is set free due to the serious breach of his constitutional rights.
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PRISCILLA KATHAMBI M’AMARU v JUDITH IGOKI [2009] KEHC 910 (KLR)
✦ The Makandune property is ordered to be distributed to the petitioner, Priscilla Kathambi.
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JAMES KIBUE NJERI & another v REPUBLIC [2009] KEHC 678 (KLR)
✦ The appellants' appeal is hereby allowed. Their conviction for being in possession of a firearm is hereby quashed and the sentence of imprisonment for 10 years each is hereby set aside.
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KAARIA MAGAMBO v JEMA IGOKI M’MAGAMBO GITURA [2009] KEHC 896 (KLR)
✦ Sabella Munyange is entitled to inherit from the estate of the deceased and is to receive one acre of land. The balance of the land is to be distributed equally between Kaari Magambo and Lawrence Makuyu Magambo.
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NANCY KANUGU MBAYA v M’MWONGERA MIRURI [2009] KEHC 892 (KLR)
✦ The grant cannot be revoked and the ex parte order is vacated.
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COUNCILOR MERCY NKIROTE MUTEGI v MUNICIPAL COUNCIL OF CHUKA & 2 others [2009] KEHC 1290 (KLR)
✦ The chamber summons is dismissed and the costs are awarded to the defendants.
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BENJAMIN NJERU KIRAITHE v M’CHABARI KIRAITHE [2009] KEHC 1313 (KLR)
✦ The court dismisses the plaintiff's application to revive the suit, finding that the plaintiff does not seek to replace the deceased defendant and that the action cannot proceed without a known defendant.
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REPUBLIC v COMMISSIONER OF LANDS & 3 others Ex-parte DAPHNE PAULINE BAGSHAW & 7 others [2009] KEHC 378 (KLR)
✦ The statement and the verifying affidavit in support of the application for leave are fatally defective and must be struck out.
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KAMBURA M’ARACHI v MUTHOMI M’ARACHI [2009] KEHC 1315 (KLR)
✦ The court grants a confirm grant to the petitioner, Kaburu M'Arachi, for 0.80 acres each to the deceased's children, with the exception of the property of the deceased's late husband, Abel Mutwiri, which is to be registered in the name of his wife in trust for the children to be identified by an affidavit.
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REBECCA KAGWIRIA JOSEPH V MIRIAM INOKOBIA JOSEPH & 2 others [2009] KEHC 897 (KLR)
✦ Gitonga's application for review of the judgment is dismissed as he failed to prove new evidence and failed to annex an extract of the order following the judgment.
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In Re Estate of M'irera M'ngaruthi (Deceased) [2009] KEHC 1121 (KLR)
✦ The agreement between Stephen and the deceased is not enforceable as against the deceased estate. The summons for revocation is misconceived. The land in question is not in the name of the deceased and is now registered in the name of a third party.
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CATHOLIC DIOCESE OF MURANG’A v MANASSES DUNCAN WACHIRA & 2 others [2009] KEHC 1057 (KLR)
✦ The application for dismissal was properly served and the dismissal order should not be set aside.
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MOUNT KENYA AGRO INDUSTRIES LIMITED & another v STANDARD CHARTERED BANK KENYA LIMITED [2009] KEHC 723 (KLR)
✦ The court ordered the Defendant to either provide physical properties or financial compensation equal to the value of similar properties sold in Langata, Nairobi.
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MBUGUA & MBUGUA ADVOCATES v KENINDIA ASSURANCE CO. LTD. [2009] KEHC 230 (KLR)
✦ The application is dismissed with costs as the Taxing Officer did not act on wrong principles and her decision was reasonable.
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Neem Tree Resort Ltd v African Centre Forhuman Advocacy (ACHA) [2009] KEHC 871 (KLR)
✦ Application dismissed with costs to the respondent
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MURUI, MUNGAI & CO. ADV v NEW KENYA CO-OPERATIVE CREMARIES LTD [2009] KEHC 860 (KLR)
✦ The application is dismissed. The Deputy Registrar's ruling is upheld.
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JOSEPH MUYA OLOO & another v REPUBLIC [2009] KEHC 235 (KLR)
✦ The applicants' Constitutional rights to be arraigned before court within 14 days from the date of arrest were violated. The applicants are at liberty to claim compensation from the violators of those rights. The High Court Criminal Case No. 15 of 2008 shall proceed for hearing.
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ASHFORD KOOME MBOGO v REPUBLIC [2009] KEHC 1246 (KLR)
✦ The application fails, but the appeal is given a hearing date on priority basis
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ALICE WAMBURA NJAGI & another v ROBERT NJOKA & another (Civil Case 52 of 1999) [2009] KEHC 1287 (KLR) (4 November 2009) (Ruling)
✦ The notice of motion is allowed, and the Deputy Registrar's orders are declared illegal, irregular, and void ab initio.
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CHIMANLAL K. N. SHAH & 3 others v TRUST AGENCIES LIMITED & 2 others [2009] KEHC 1264 (KLR)
✦ The defendants' application is dismissed with costs.