Kenyan case law
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ELIZAPHAN NDITO KARERI v CHARLES MAINA KIMANI [2009] KEHC 1210 (KLR)
✦ The appellant suffered minor soft tissue injuries for which Kshs.40,000/= was awarded as general damages.
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AKAMBA BUS SERVICES LTD v EMILY CAROLINE BARASA & STEPHEN KIMANI MUIRURI (Civil Appeal 45 of 2005) [2009] KEHC 1274 (KLR) (3 November 2009) (Judgment)
✦ The appeal is allowed. The finding on liability is quashed and the awards of general and special damages set aside.
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IPAPU P. JACKAH & CO. ADVOCATES v CO-OPERATIVE BANK OF KENYA LTD [2009] KEHC 1271 (KLR)
✦ The application is allowed, setting aside the final judgment and the certificate of taxation.
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AKAMBA BUS SERVICES LTD v EMILY CAROLINE BARASA & another [2009] KEHC 1273 (KLR)
✦ The appeal is allowed. The finding on liability is quashed and the awards of general and special damages set aside.
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MALINDI MANAGEMENT STRATEGY T/A MALINDI CASINO v STEPHANO SCHIAPPACASE [2009] KEHC 1284 (KLR)
✦ The preliminary objection is dismissed with costs to the respondent
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PERMINUS NJOROGE MUIRURI t/a PESANET INVESTMENTS v EQUITY BANK LIMITED [2009] KEHC 1265 (KLR)
✦ Interest rate shall be 16% from 9/2/2007 to the date of judgment and thereafter 14% until full payment
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DANIEL MALANGA MUSA v REPUBLIC (Criminal Appeal 29 of 2009) [2009] KEHC 273 (KLR) (3 November 2009) (Judgment)
✦ The appeal is allowed on two grounds: the charge was amended after four witnesses had testified, and the investigators did not testify about the appellant's arrest for a previous offense.
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KENYA TEA DEVELOPMENT AGENCY LTD v VICTORY TEA BROKERS & others (Civil Case 183 of 2009) [2009] KEHC 1000 (KLR) (3 November 2009) (Ruling)
✦ The court dismissed the plaintiff's suit against the 2nd and 3rd defendants as the plaintiff's plaint does not disclose any cause of action against the two defendants and there is no evidence of fraud or breach of fiduciary duties of directors.
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MONICA MORAA MENGE v SAMWEL BOSIRE [2009] KEHC 857 (KLR)
✦ The application lacks merit and is dismissed with costs.
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PINNACLE PROJECTS LTD. v In the matter of the Abitration Act [2009] KEHC 1164 (KLR)
✦ The application is allowed and the orders are set aside.
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CLEARSPAN CONSTRUCTION (A) LIMITED v EAST AFRICAN GAS COMPANY LIMITED [2009] KEHC 1092 (KLR)
✦ The court ruled in favor of the plaintiff, Clearspan Construction (A) Limited, and granted judgment on admissions.
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KENYA BUS SERVICE MANAGEMENT LTD V BTC ELECTRIC FENCE BUILDING & ALARM SYSTEMS & ANOTHER [2009] KEHC 1258 (KLR)
✦ The court does not find that an interlocutory injunction can be made in respect of the application made under prayer 2 of the application. The court dismisses the prayer with costs in the cause.
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NJOGU MAREGWA & ANOTHER v MAGU RUTERE & FOUR OTHERS [2009] KEHC 1266 (KLR)
✦ The application to set aside the dismissal of the suit is allowed, and the plaintiff is granted a hearing date within the next 21 days.
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REPUBLIC V THE EMBU LAND DISPUTES TRIBUNAL & another [2009] KEHC 983 (KLR)
✦ The Tribunal's order to subdivide the parcel of land and register it in the names of the plaintiff and defendant was ultra vires and null and void, and the proceedings and subsequent orders are quashed.
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JACTON OTIENO AMOLO v REPUBLIC [2009] KEHC 1185 (KLR)
✦ The conviction is upheld, but the sentence of 7 years is set aside and replaced with a minimum sentence of 15 years.
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LIVINGSTONE OUYA v JOHNSTONE APIYO AMAKOYE & another [2009] KEHC 1267 (KLR)
✦ The tribunal had no jurisdiction to hear the dispute regarding the land ownership, and the tribunal's decision is void ab initio.
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benson makunda v republic [2009] KEHC 56 (KLR)
✦ The application is allowed, and the applicant is ordered to file his appeal within fourteen (14) days of this ruling.
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JOB MOSOMI KENYANYA & another v REPUBLIC [2009] KEHC 725 (KLR)
✦ The convictions are quashed and the sentence set aside. The appellants are ordered to be set at liberty.
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RUGANO NTHIGA v ATTORNERY GENERAL & 2 OTHERS [2009] KEHC 972 (KLR)
✦ The application is fatally defective and irredeemably so.
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DAVID MILLER & 2 others v WILFRED MORIASI OMBUI [2009] KEHC 4188 (KLR)
✦ The application is allowed with a rider that any such meeting should be on agreed ground rules. Costs to follow the event.
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JACTON OTIENO AMOLO v REPUBLIC [2009] KEHC 1184 (KLR)
✦ The conviction is upheld, but the sentence of 7 years is set aside and replaced with a lawful minimum of 15 years imprisonment.
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PETRO OGERO OWAKA v SILVANUS RAPEMO OBONGO [2009] KEHC 1199 (KLR)
✦ The boundary is as shown by the defendant and his witness, reaching the river Okwengu, which forms the boundary with Mzee Ngare.
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REPUBLIC v DIRECTOR OF SURVEYS & OTHERS Ex-parte MOSES LEMASHON KORINKO & 433 othes [2009] KEHC 960 (KLR)
✦ The letter of 30/4/2009 is quashed by an order of Certiorari, and the 2nd respondent is directed to issue fresh Registry Index Maps in accordance with the previous ones.
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KEPHA OTWOMA v STANDARD GROUP LIMITED [2009] KEHC 735 (KLR)
✦ The termination was lawful as the requisite notice of two months was issued. Gratuity is not payable and severance pay is not payable.
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REPUBLIC v KIPINDON LAND DISPUTES TRIBUNAL & another Ex-parte PARSEYO OLE KITIAPAS [2009] KEHC 990 (KLR)
✦ The court allows the application and quashes the proceedings and decision of the 1st respondent.