Kenyan case law
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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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JOHN LAWRENCE KIMATHI V REPUBLIC [2012] KEHC 1092 (KLR)
✦ The sentence of 17 months imprisonment is set aside, and the applicant is discharged under section 35(2) of the Penal Code on condition that he does not commit any offence within the next 6 months.
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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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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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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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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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IN THE MATTER OF AN APPLICATION FOR ADOPTION OF I.A [2012] KEHC 710 (KLR)
✦ The application is allowed and the applicants are authorized to adopt the child. The consents of the biological parents are hereby dispensed with. The child shall henceforth be known as J W M.
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COME-CONS AFRICA LIMITED V PERMANENT SECRETARY MINISTRY OF FINANCE & 2 OTHERS [2012] KEHC 668 (KLR)
✦ The petition is struck out with no order as to costs.
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IN THE MATTER OF AN APPLICATION BY OFFICIAL RECEIVER & LIQUIDATOR OF CONTINENTAL CREDIT FINANCE LIMITED (IN LIQUIDATION) [2012] KEHC 807 (KLR)
✦ The application is granted as prayed, and the Official Receiver is ordered to pay out the pension dues to the former employees.
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JOHN SERGON V RICHARD NAGGY AENGWO & ANOTHER [2012] KEHC 873 (KLR)
✦ The court orders the plaintiff to be the exclusive user and occupier of the suit land, the caution to be removed, and an injunction against trespassing.
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ABDULGAFUR ABDULGANI PASTA V HARRISSON MWARUMBA MBUI [2012] KEHC 1068 (KLR)
✦ The Plaintiff has a prima facie case and the revocation of the power of attorney is not valid, hence the interlocutory injunction is granted.
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PETER G. N. NGANGA & ANOTHER V DEPOSIT PROTECTION FUND BOARD & 2 OTHERS [2012] KEHC 815 (KLR)
✦ The application for discovery is granted.
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REPUBLLIC & 3 OTHERS V CHAIRMAN, VIHIGA DISTRICT LAND TRIBUNAL [2012] KEHC 224 (KLR)
✦ The Tribunal's decision is nullified due to excess of jurisdiction and the application is allowed with no costs awarded.
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REPUBLIC V MINISTER FOR LANDS EXPARTE JUSTIN NYAGI NGURE & 5 OTHERS [2012] KEHC 1087 (KLR)
✦ The application is dismissed with costs.
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MOSES KINOTI MUGAMBI V LAWRENCE KATHIA [2012] KEHC 101 (KLR)
✦ The appeal is dismissed as the appellant's claim is without merit.
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IRENE NJOKI MUIRURI V SAMUEL MWANGI [2012] KEHC 999 (KLR)
✦ The Court finds in favor of the Plaintiff and restrains the Defendant from reselling, offering for sale, transferring or leasing the suit property pending the hearing and determination of the suit.
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REBECCA A. AUKA & ANOTHER V MARGARET KAVAYA KADIMA [2012] KEHC 969 (KLR)
✦ The grant is revoked due to the respondent's failure to disclose the existence of the 1st applicant and her siblings and the inclusion of South Wanga/1999 in the list of assets.
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RAELI CHEPNGETICH CHEBELYON V ELIJAH CHERUIYOT CHEBELYON [2012] KEHC 742 (KLR)
✦ The application is not res judicata or sub judice, and the court dismissed the application as the applicant failed to establish a prima facie case.
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ANN WANJIKU KURIA V REPUBLIC [2012] KEHC 1224 (KLR)
✦ The court dismissed the application, finding that the applicant's right to be protected from self-incrimination was not violated and that CitiBank's acceptance of the offer did not compromise the defence.
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ELIZABETH NYAMBURA NJUGUNA & ANOTHER V JUMAA FARMERS COMPANY LIMITED & 7 OTHERS [2012] KEHC 253 (KLR)
✦ The judge found no basis for the allegations of bias and reinstated the original hearing date of 19th November, 2012.
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C.M.C. MOTORS GROUP LTD V BENGERIA ARAP KORIR T/A MARBEN SCHOOL & ANOTHER [2012] KEHC 690 (KLR)
✦ The court finds the 2nd defendant liable to pay the claimed sum due to the plaintiff together with costs and interest. The suit against the 1st defendant is dismissed with costs being borne by the 2nd defendant.
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Anupa & another v Attorney General & another (Petition 93 of 2011) [2012] KEHC 1081 (KLR) (7 November 2012) (Judgment)
✦ The court held that the petitioner's rights were infringed when he was retired before the statutory retirement age. The court also held that the right to access justice obliged the Judiciary to ensure barrier-free access for persons with disabilities.
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JACKLINE W. NJERU T/A JAVISAPA ENTERPRISES V CANUCK HOLDINGS LIMITED [2012] KEHC 476 (KLR)
✦ The matter is referred to arbitration in terms of the agreement between the parties.
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AVENUE SERVICE STATION (1977) LTD & 9 OTHERS V MUSIC COPYRIGHT SOCIETY OF KENYA & 2 OTHERS [2012] KEHC 812 (KLR)
✦ The application for injunction is hereby dismissed with costs.
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DAVID MURIMI MURIUKI & ANOTHER V MWATHI KABA & ANOTHER [2012] KEHC 1139 (KLR)
✦ The plaintiffs' claim for a share of the land is dismissed as they have not established a prima facie case and are not in occupation of the land.