Kenyan case law
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CATHERINE NDEGWA V HIRAM KIRAGU KANIU & ANOTHER [2012] KEHC 700 (KLR)
✦ The Plaintiff is the registered owner and entitled to possession and mesne profits.
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CHRISPUS MASAKA V REPUBLIC [2012] KEHC 1053 (KLR)
✦ The conviction and sentence are quashed, and the Appellant is directed to be returned to Wundanyi Law Courts for plea to be taken afresh.
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MAKAME DUME V REPUBLIC [2012] KEHC 1055 (KLR)
✦ The conviction and death sentence are quashed
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JAMES MBUTHIA MWANGI V REPUBLIC [2012] KEHC 1231 (KLR)
✦ The appeal is dismissed as the sentence of 20 years imprisonment is commensurate with the offence.
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IN THE MATTER OF AN APPLICATION FOR ADOPTION OF BABY M.M [2012] KEHC 722 (KLR)
✦ The application is allowed and the Applicants are authorized to adopt the child.
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LEONARD NJOGU V ATTORNEY GENERAL & ANOTHER [2012] KEHC 5552 (KLR)
✦ The petitioner's case lacks merit and is hereby dismissed with no order as to costs.
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IN THE MATTER OF AN APPLICATION FOR ADOPTION OF BABY R [2012] KEHC 503 (KLR)
✦ The application is allowed and the applicants are authorized to adopt Baby R.
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IN THE MATTER OF AN APPLICATION FOR ADOPTION OF B.N(CHILD) [2012] KEHC 505 (KLR)
✦ The application is allowed and the applicants are authorized to adopt the child.
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REPUBLIC V JOSEPH KIPOECH & ANOTHER [2012] KEHC 1208 (KLR)
✦ The confession was not made voluntarily and the caution was not properly administered, thus the confession is inadmissible.
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MUSA INJIRA CHEKUK V FRANCIS KHATERA CHIMASIA [2012] KEHC 219 (KLR)
✦ The plaintiff's case fails with costs to the defendant.
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REPUBLIC v THOMAS MATWETWE AKU [2012] KEHC 1238 (KLR)
✦ The court finds that the prosecution failed to prove the accused's guilt beyond reasonable doubt and dismisses the charge.
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ABRAHAM LONYANGAT& ANOTHER V REPUBLIC [2012] KEHC 1080 (KLR)
✦ The conviction and sentence are quashed, and the appellants are set at liberty.
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DERICK OGOLA APPELLANT V REPUBLIC [2012] KEHC 679 (KLR)
✦ The appeal has overwhelming chances of succeeding particularly on Count II
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DANIEL ANGORE V REPUBLIC [2012] KEHC 1181 (KLR)
✦ The sentence of ten (10) years imprisonment is deemed illegal and is enhanced to twenty (20) years imprisonment, which will run concurrently with the sentence in the other similar offense. The appeal has no merit.
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COAST BRAKES & CLUTCH LTD V MUSLIM ASSOCIATION MOMBASA & ANOTHER [2012] KEHC 1061 (KLR)
✦ The application is dismissed with costs. The 1st defendant is entitled to all rents payable by the plaintiff at Shs. 35,000/= per month with effect from 1st December, 2011.
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MATIKO BOHOKO & ANOTHER V PRIME MINISTER AND MINISTER FOR LOCAL GOVERNMENT & 2 OTHERS [2012] KEHC 879 (KLR)
✦ The issues raised in the petition are not ripe for determination and are moot as the Bills are still being processed. The petition offends the principle of separation of powers.
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VERONICA WAIRIMU NJAU V REPUBLIC [2012] KEHC 673 (KLR)
✦ The order by which the learned trial magistrate held that the accused has a case to answer is set aside. The trial court is directed to give the accused an opportunity to make submissions before determining whether she had a case to answer.
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MICHAEL NTHAMBURI MUGAMBI & ANOTHER V REPUBLIC [2012] KEHC 395 (KLR)
✦ The prosecution failed to prove the charge of robbery with violence beyond reasonable doubt. Appeals are allowed, conviction and sentence quashed.
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PAUL KIRWA V JACKSON KIPLAGAT ARAP MELI & 5 OTHERS [2012] KEHC 1179 (KLR)
✦ The court reinstated the suit and substituted the plaintiff's estate representatives. The court also ordered preservation and inspection of the suit land and compliance with the court orders.
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LIVINGSTONE KUNINI NTUTU V MINISTER FOR LANDS & 2 OTHERS [2012] KEHC 1171 (KLR)
✦ The matter is fit to be referred to the Hon. Chief Justice for appointment of a 3 Judge Bench to hear and determine the dispute.
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REGISTERED TRUSTEES OF PENTECOSTAL EVANGELISTIC FELLOWSHIP OF AFRICA V VOI MUNICIPAL COUNCIL [2012] KEHC 1063 (KLR)
✦ The misdescription is a mere technicality and does not affect the validity of the suit
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IN THE MATTER OF THE ESTATE OF SALIMA BINTI MALIJANI [2012] KEHC 965 (KLR)
✦ The court finds that Derefina Chumbo Rintari is the rightful heir of the deceased and orders that the plot be registered in her name.
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JULIUS MUTEMI KAMOTHO V REPUBLIC [2012] KEHC 235 (KLR)
✦ The court grants bail to the applicant on the condition that he signs a bond of two million Kenya Shillings (Kshs 2,000,000) with two sureties of similar amount each, or deposits a cash bail of one million Kenya shillings (Kshs 1,000,000).
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ELIZABETH NJERI HINGA V NATIONAL ENVIRONMENTAL MANAGEMENT AUTHORITY & 3 OTHERS [2012] KEHC 1131 (KLR)
✦ A conservatory order is granted to stay one of the cases pending the hearing and determination of the petition.
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SOUTH NYANZA SUGAR COMPANY LIMITED V JOHN NYAKWEBA ONGANGA [2012] KEHC 865 (KLR)
✦ The appeal has merit and the judgment and decree of the trial court are set aside. The respondent's suit is dismissed with costs.