Kenyan case law
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Mohammed Tubi Bidu v Independent Electoral and Boundaries Commission & 2 others [2017] KEHC 2107 (KLR)
✦ Scrutiny will not issue due to venial errors or errors that can be easily explained.
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Collins Odhiambo Asuka v Republic [2017] KEHC 9734 (KLR)
✦ The remainder of the sentence is set aside, and the applicant is ordered to be set free after serving the cumulative custody period.
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Chris Munga N. Bichage & 2 others v Independent Electoral & Boundaries Commission & 2 others [2017] KEHC 1920 (KLR)
✦ The PO is not fatal to the affidavit and annexures as the names Chris Munga N. Bichage and Chris Munga are considered to be one and the same person.
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Joseph Mutava Mutua & another v Sharad Rao & another [2017] KEHC 9757 (KLR)
✦ The application is allowed, and the suit is transferred from Milimani to Kiambu Chief Magistrate's Court.
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SK v CP [2017] KEHC 721 (KLR)
✦ The application for stay of execution of the decree and order of the court dated 11th October 2017 in Maintenance Case No. 22 of 2015 is dismissed with costs.
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Mwanadia Barkhale & 2 others v Frathima Barkhale Abdallah [2017] KEHC 1877 (KLR)
✦ The application is dismissed with costs, as the delay in applying for enlargement of time is inordinate and no reason has been advanced.
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In re estate of Muthiani Mutule (Deceased) [2017] KEHC 1095 (KLR)
✦ The court confirms the grant but preserves the 3.5 acres of LR. NO. NZAVI/KALAMBA/615 occupied by the protester for distribution in a separate cause.
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Elijah Sowene Ngesiani v Republic [2017] KEHC 1802 (KLR)
✦ The appeal is dismissed.
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Nancy Wamaitha Michael & another v Mathew Kamanu Mwaura [2017] KEHC 1631 (KLR)
✦ The appeal was rightly dismissed.
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Republic v University of Nairobi Ex-Parte Lazarus Wakoli Kunani & 2 others [2017] KEHC 9635 (KLR)
✦ The Court found that the Respondent did not comply with the disciplinary procedures and that the expulsion decision was procedurally unfair.
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Allan Nyombi v Republic [2017] KEHC 9811 (KLR)
✦ The charge sheet was not defective, and the case was proved beyond a reasonable doubt.
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Republic v Eco-System Conservator Tana River County & 4 others Ex-Parte Pamoja Nanighi Forest Conservation & Users Society & another [2017] KEHC 59 (KLR)
✦ The court orders the Eco-System Conservator Tana River County to issue a movement permit to Pamoja Nanighi Forest Conservation and Users Society for the movement of charcoal from various collection and buying centers to consumers across the country.
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Republic v Shadrack Oltuati Sayiori [2017] KEHC 1599 (KLR)
✦ The accused is found guilty of manslaughter and sentenced to 15 years imprisonment.
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Cleophas Wakhungu Malala v Speaker Kakamega County Assembly & 3 others [2017] KEHC 1833 (KLR)
✦ The petition is allowed, and a declaration is made that the motion was unprocedural, illegal, and an abuse of due process
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Luka Waithaka Ndegwa v Republic [2017] KEHC 661 (KLR)
✦ The discrepancy between the charge sheet and evidence regarding the complainant's age did not affect the charge against the appellant. The offence of defilement is committed once it is established that there was an act of penetration or partial penetration with a child below the age of 18 years.
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Republic v Musa Olando [2017] KEHC 9655 (KLR)
✦ The statement under enquiry is admissible in evidence if the court is satisfied that it was voluntarily given. The officer who took the statement, DCIO Paul Wambugu, must be available for a trial within a trial to establish the voluntariness of the statement.
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Purbai Gopal Ramji Patel v Asset Recovery Company Ltd & 2 others [2017] KEHC 10061 (KLR)
✦ The court rejects the plaintiff's application for an injunction and orders that each party meet their own costs of the application due to the bank and the auctioneer's failure to comply with statutory requirements for service of notices.
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Republic v Independent Electoral and Boundaries & another Exparte Abdia Hassan [2017] KEHC 888 (KLR)
✦ The court has jurisdiction to hear and determine the dispute, as the nomination process and gazettment of the applicants as members of the Wajir County Assembly are integral parts of the electoral process and should be handled by the election court.
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Republic v Kenyatta University & 2 others Ex-Parte Gatetua Macharia Kennedy [2017] KEHC 914 (KLR)
✦ The court declines jurisdiction to answer the question of whether the proceedings should have been instituted in JR 264/2013, finding that the court lacks the requisite jurisdiction to sit as an appellate court over the decision in JR 264/2013.
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Martin Njaati & 2 others v Republic [2017] KEHC 1939 (KLR)
✦ The appeals are dismissed as the sentence imposed by the trial court is within the limits set by the Wildlife Conservation and Management Act.
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Mary M’ Mukindia v National Media Group Limited & another [2017] KEHC 1657 (KLR)
✦ The court finds the defendants' publications defamatory and awards the plaintiff ksh. 2 million in general damages and ksh. 1 million in aggravated and exemplary damages.
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Republic v Joel Yego Ngulengule [2017] KEHC 1173 (KLR)
✦ The accused is convicted of murder and sentenced to death
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Charles Mwangi Muhia v Republic [2017] KEHC 1933 (KLR)
✦ The sentence of the appellant is hereby set aside. The appellant is hereby sentenced to serve 3 years from the date of his conviction.
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In re A A D (Minor) [2017] KEHC 1336 (KLR)
✦ The court allows the adoption of A A D by J N N, and orders the issuance of a birth certificate and legal guardianship.
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Bethwel Omondi Okal v Board of Trustee Telposta Pension & 2 others [2017] KEHC 1953 (KLR)
✦ The petition is dismissed as the petitioner's claims are not well-founded and the judicial process was unnecessarily prolonged by the petitioner's filings.