Kenyan case law
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JAMES MUTUA MUSILA V THE CHIEF MAGISTRATE KIBERA & 2 OTHERS [2005] KEHC 674 (KLR)
✦ The application is dismissed with costs, and the criminal case No. 7422 of 2004 is directed to proceed at the Kibera Chief Magistrate's Court without undue delay.
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Abdirizak Hamed Ibrahim v Republic [2005] KEHC 1119 (KLR)
✦ The Court granted the prayers to stay the criminal case and maintain the status quo until judgment.
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In re Estate of Peter Kimani Mwathi (Deceased) (Succession Cause 2383 of 1997) [2005] KEHC 845 (KLR) (Family) (30 September 2005) (Judgment)
✦ The two plots should vest upon the Petitioner Winnie Wariara Kimani for life and in trust of the deceased child
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Charles Kipkemoi Langat v Republic [2005] KEHC 1657 (KLR)
✦ The custodial sentence imposed on the appellant was illegal due to the trial magistrate's failure to establish his age before sentencing. The sentence is set aside, and the appellant is ordered set at liberty.
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Chairman Rahmat Gassim v Sadhu Singh Devgun [2005] KEHC 812 (KLR)
✦ The plaintiffs' prayer for a permanent injunction restraining the defendant from constructing a residential house on the plot is dismissed. The plaintiffs shall bear the defendant's costs in this suit.
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COLLINS KIPLANGAT KIRUI v REPUBLIC [2005] KEHC 453 (KLR)
✦ The conviction is confirmed and the sentence of seven years imprisonment is upheld.
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LONRHO MOTORS EAST AFRICAN LIMITED t/a BRUCE TRUCKS & ENGINEERING V INDEPENDENT ADJUSTERS (K) LTD t/a MCLARENS TOPLIS & ANOTHER & ANOTHER [2005] KEHC 628 (KLR)
✦ The court dismisses the application with costs to the 1st respondent.
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AWM v RM [2005] KEHC 1242 (KLR)
✦ The Plaintiff and Defendant are presumed to be married in law between 1994 and February 2001. The marriage is dissolved. The Defendant is ordered to pay a secured maintenance of Kshs. 350,000.
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Kenneth Maina Mwangi & 5 others v Republic [2005] KEHC 3328 (KLR)
✦ The appeals are allowed, convictions are quashed, and sentences are set aside.
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Ayub Mohamed v Principal Immigration Officer & another [2005] KEHC 1440 (KLR)
✦ The application is dismissed with costs to the Respondents.
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Dennis O. Nyangilo v African Marine & General & another [2005] KEHC 302 (KLR)
✦ The court finds the defendant not liable for the plaintiff's injuries.
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Kenya Tea Development Authority v Samuel Kanogo Ritho [2005] KEHC 914 (KLR)
✦ The Plaintiff's case is dismissed with costs, and the Defendant's counterclaim is allowed with judgment for Kshs.1,229,364 and costs.
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N S v T S S [2005] KEHC 3312 (KLR)
✦ Decree of divorce and dissolution of marriage was pronounced.
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Echfan Mwariri Kamau v James Tobias Okonjo & 2 others [2005] KEHC 1085 (KLR)
✦ The appeal is dismissed with costs to the third respondent. The appellant's claim is time-barred and the suit premises were lawfully disposed of by the third respondent.
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Omar Said v Attorney General [2005] KEHC 799 (KLR)
✦ Application to reinstate the suit is dismissed with costs
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S A A v F M [2005] KEHC 893 (KLR)
✦ Judgment is entered for the plaintiff on immovable property. Costs shall be paid by the defendant.
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Omar Galgalo & another v Republic [2005] KEHC 1718 (KLR)
✦ The court finds that the appellants did not seek to introduce the evidence from the police station occurrence book during the trial and therefore the appeal is dismissed.
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Daniel Otieno v Republic [2005] KEHC 1710 (KLR)
✦ The court declines to admit the applicant to bail pending appeal and dismisses the application.
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MW v KC (Miscellaneous Application 105 of 2004) [2005] KEHC 3172 (KLR) (29 September 2005) (Ruling)
✦ The court held that the High Court had jurisdiction to compel a putative father to take a DNA test to determine paternity of a child, provided the applicant could show sufficient cause for seeking the order.
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Athman Ali Masha v Idi Obrahim Ndegwa & 2 others [2005] KEHC 789 (KLR)
✦ The application is dismissed with costs as the failure to attend court was deliberate and the step to amend the plaint was not in good faith.
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Joseph Mutisya Mutua v Republic [2005] KEHC 3345 (KLR)
✦ The conviction is quashed and sentence is set aside due to the unqualified prosecution and the nullity of the lower court proceedings.
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Benson Mbuvi Muthiani v Republic [2005] KEHC 3346 (KLR)
✦ The court reduces the sentence to 4 years imprisonment and sets aside the corporal punishment.
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AZAD KARA v MWANGI MUTERO [2005] KEHC 334 (KLR)
✦ The case should be heard de novo with the defendant paying for the travel and accommodation expenses of the plaintiff's witness who had testified before the retired Justice Ouna.
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Omar Galgalo, Ahmed Aden Kore v Republic (Criminal Appeal 134 & 137 of 2003) [2005] KEHC 1588 (KLR) (29 September 2005) (Ruling)
✦ The court finds that the appellants did not seek the production of the Occurrence Book during the trial and that the case is not suitable for additional evidence.
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Priscilla Mumbi Kamunyu,Sammy Githiora Githui (Probate & Administration 93 of 2003) [2005] KEHC 1622 (KLR) (29 September 2005) (Judgment)
✦ Priscilla Mumbi Kamunyu is Jacob Kamunyu Muchiri's wife and Sammy Githiora Githui is his son. The grant of letters of administration is confirmed, and Priscilla is entitled to inherit her late husband's 15-acre portion of his father's land in Burnt Forest.