Kenyan case law
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Priscilla Wambui v Richard Kimani & 3 others [2016] KEHC 8429 (KLR)
✦ The court holds that the 4th Defendant is not a necessary party to the suit and allows the application.
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Ankush Manoj Shah v Republic [2016] KEHC 8448 (KLR)
✦ The law under which the applicant was charged does not exist, and the applicant is not legally prejudiced by the charge.
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Martha Karuu Kobia v China Zhongxing Const. Co. Ltd & 2 others [2016] KEHC 603 (KLR)
✦ The court adopts the judgment on liability from the previous test suit and orders the defendant China Zhongxing Construction Co. Ltd to pay 80% of the liability and Combo Bus DVD Coach Ltd and Mbati John to pay 20% jointly.
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Actionrich Investment Company Limited v Joseph Otieno Onyango & 3 others [2016] KEHC 1580 (KLR)
✦ The name of the Garnishee will be corrected to reflect the proper name, and all proceedings advanced for and orders made against KENPIPE COOPERATIVE SAVINGS AND CREDIT SOCIETY LIMITED will be deemed to be proceedings advanced for and orders made against KENPIPE HOUSING CO-OPERATIVE SOCIETY.
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Republic v Council of Legal Education Ex-parte Nyabira Oguta [2016] KEHC 8226 (KLR)
✦ The applicants' challenge to the Council of Legal Education's powers is dismissed as the previous order staying the decision was not implemented.
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In re Estate of Jossiah Ndiga (Deceased) [2016] KEHC 664 (KLR)
✦ The grant issued to the respondents is revoked and the respondents are ordered to meet the costs of the application.
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Republic v Chief Executive Officer Independent Electoral and Boundaries Commission Ex-Parte Office Technologies Limited [2016] KEHC 8251 (KLR)
✦ The court grants the orders sought, finding that the unavailability of funds is not a reason to decline to compel the respondent to settle a sum decreed by the court.
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Republic v The Divisional Criminal Investigation Officer (Dcio) Buruburu Police Station & another Ex-Parte Emmanuel Kazungu Masha & another [2016] KEHC 8250 (KLR)
✦ The application has no merit and is dismissed.
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Rukia Hussein Ali & another (Suing as the Legal Representatives of the Estate of Huka Tadicah Duba) v Barni Dawaf [2016] KEHC 524 (KLR)
✦ The defendant's application dated 4th December, 2013 is dismissed for want of prosecution and non-compliance with the court's direction.
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Kenya Ferry Services Limited v Mombasa County Government & 2 others [2016] KEHC 1119 (KLR)
✦ The Petitioner is not fatally defective, ex facie incompetent, or bad in law for lack of authority to sue under seal.
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Benson Ruiyi Njane v Kenya Rural Roads Authority & 36 others [2016] KEHC 348 (KLR)
✦ The court held that the Respondents violated Articles 35(1)(b), 29(a), and 40(3) of the Constitution by refusing to release the motor vehicle registration number KBB 112 K, and that the refusal to release the vehicle was illegal and unlawful.
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Asset Recovery Agency v Samuel Wachenje alias Sam Mwadime & 7 others [2016] KEHC 1115 (KLR)
✦ The court found that the orders were disobeyed by the Applicants and that the application does not meet the threshold of section 89 of the Proceeds of Crime and Anti-Money Laundering Act, 2009.
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Caroline Wanyaga Njagi v Invesco Assurance Company Ltd [2016] KEHC 820 (KLR)
✦ The defendant's defence is frivolous, vexatious, and an abuse of the due process of the court. The defendant's denial of knowledge of the suit and service of the documents is hereby struck out. Judgment is entered on admission in favor of the plaintiff in terms of prayers (a), (c) and (d) of the plaint with costs and interests at court rates from the date of judgment in CMCC No. 248 of 2013.
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James Muriithi Marete & another v Republic [2016] KEHC 507 (KLR)
✦ The application to appeal out of time is dismissed.
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In the matter of the Estate of Sabastian Kagoche M'Njau (Deceased) [2016] KEHC 735 (KLR)
✦ The court ordered the respondent to account for the proceeds of sale of plots and to include the first applicant as trustee.
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Co-operative Bank of Kenya & another v Kanut Odongo Oketch [2016] KEHC 1281 (KLR)
✦ Application dismissed
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Nelson Muriungi Laibuni v Protasio Muthee & another [2016] KEHC 1708 (KLR)
✦ The court granted leave to file the appeal out of time, but directed the Deputy Registrar to send notice of the appeal to the lower court and provide all records for purposes of directions on the appeal.
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Clyford Otiato & another v Republic [2016] KEHC 1360 (KLR)
✦ The petition is dismissed as the complainant's wish to reconcile does not constitute new and compelling evidence.
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Republic v Jovensia Gechemba Ratemo & 3 others [2016] KEHC 1328 (KLR)
✦ The accused persons are sentenced to two years probation.
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Republic v Walter Ogindo [2016] KEHC 630 (KLR)
✦ The court held that a confession to a private citizen is admissible as direct evidence under section 63 of the Evidence Act, subject to the normal safeguards.
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Republic v C O [2016] KEHC 1155 (KLR)
✦ The accused was found guilty of manslaughter and sentenced to 7 years imprisonment.
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Napoleon Murende v Al Husnain Motors Limited & another [2016] KEHC 925 (KLR)
✦ The court dismissed the motion for an interim injunction
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In re Baby A S W [2016] KEHC 1295 (KLR)
✦ The applicant, M W K, is allowed to adopt Baby A S W, and the child is declared to be Kenyan by birth.
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Gachugi v Kenya Tea Development Holdings Ltd & 2 others; Kanyango (Interested Party) (Judicial Review 577 of 2016) [2016] KEHC 227 (KLR) (Judicial Review) (25 November 2016) (Ruling)
✦ Leave to apply for judicial review orders is granted
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Anderson Nyaga Wachira v Simon Njuguna Wambugu [2016] KEHC 604 (KLR)
✦ Defendant found liable for shooting plaintiff, awarded damages including medical expenses, physiotherapy, and future care costs.