Kenyan case law
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MACHARIA WAIGURU v ATTORNEY GENERAL, WANGECHI & WERE (Civil Case 238 of 2000) [2008] KEHC 441 (KLR) (16 October 2008) (Ruling)
✦ The defense is not scandalous, frivolous, or vexatious. The chamber summons is dismissed with no orders as to costs.
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BUDS & BLOOMS LIMITED v JAMES SAWAMI SIKINGA [2008] KEHC 1064 (KLR)
✦ The appeal is allowed with costs to the Appellant, and the Respondent was not in the Appellant's employment on or around August 6, 2001.
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In Re Estate of Mirigo Karuiru (Deceased) [2008] KEHC 164 (KLR)
✦ Grant of letters of administration is revoked, prohibition is issued, and fresh grant is issued in the names of both applicants
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TIMSALES LTD v MOSES MBURU [2008] KEHC 1062 (KLR)
✦ The Respondent's claim is dismissed with costs.
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PETER WHITTON & another v KENYA EDUCATIONAL TRUST LTD [2008] KEHC 1070 (KLR)
✦ The court found the plaintiffs' claims were not frivolous and refused to strike out the plaintiffs' claims.
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In Re estate of Esther Njoki Ng'ang'a (Deceased) [2008] KEHC 529 (KLR)
✦ The application is dismissed with costs as Sammy and Anne failed to prove they were dependants of the deceased and Stephen had priority to obtain Letters of Administration.
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OLUSEYE OLADEJI SHITTU v REPUBLIC [2008] KEHC 1413 (KLR)
✦ The trial is declared a nullity, and the relevant proceedings are vacated. There shall be no retrial of the case. The appellant shall be set at liberty.
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MULI MUTISO v MBITHI NDOLO & another [2008] KEHC 1312 (KLR)
✦ The respondent is not entitled to costs and the appeal is marked as withdrawn with no order as to costs
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LEVI OMONDI AMEKA v SOUTHERN CREDIT BANKING CORPORATION LTD [2008] KEHC 1372 (KLR)
✦ The court dismisses the application as the applicant has not demonstrated that he will suffer substantial loss if the order for stay of execution is not granted.
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REPUBLIC v DISTRICT OFFICER KWAKAVISI DIVISION & another [2008] KEHC 1273 (KLR)
✦ The application is dismissed as the decision of the District Officer Kwakavisi Division is not before the court and the applicant's claims are not supported by evidence.
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PRINTING INDUSTRIES LIMITED & another v BANK OF BARODA KENYA LIMITED [2008] KEHC 720 (KLR)
✦ The court grants the plaintiffs' application for a temporary injunction pending the hearing and determination of the suit.
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Murabu Chaka Tsuma v Republic [2008] KEHC 3996 (KLR)
✦ The applicant was admitted to bail pending appeal with a cash bail of Kshs.10,000/=
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ROYAL RESERVE MANAGEMENT COMPANY LTD & another v GERALD WAMWANGI MAHINDA & another [2008] KEHC 1216 (KLR)
✦ The court granted an order for stay of execution pending appeal on the condition that the applicants deposit the full decretal sum into an interest earning account in the joint names of the parties' advocates within 21 days from the date of the order.
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MANJIT SINGH SETHI & 2 others v SAMSON KARIUKI NJENGI & another [2008] KEHC 723 (KLR)
✦ The court granted the plaintiffs' motion for summary judgment.
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NGARI & 2 OTHERS V NYIHA MURUATHIGA & 2 OTHERS [2008] KEHC 122 (KLR)
✦ The application for stay of execution of the judgment is dismissed with costs. The application for transfer of the property into the respondents' names is granted with certain restrictions.
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Peter Maina Muchoki v Republic [2008] KEHC 3993 (KLR)
✦ The appeal is dismissed. The appellant's plea of guilty is upheld, and the sentence imposed by the Senior Resident Magistrate is upheld.
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KENYA AFRICAN NATIONAL TRADERS & FARMERS UNION v JONAH PAUL NGULI & 3 others [2008] KEHC 1306 (KLR)
✦ The Application for injunction is allowed
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ANNA WAMAITHA IRUNGU & another v ESTHER MWIKALI & another [2008] KEHC 1236 (KLR)
✦ The Application is dismissed with costs as the Plaintiff has failed to show why he did not take action to secure his interests after receiving the summons to his insurers.
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Charles Maina Ngaruiya v Republic [2008] KEHC 3994 (KLR)
✦ The Court of Appeal upheld the Resident Magistrate's decision, finding the complainant's testimony credible and the injuries sustained.
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RICHARD FRED AMUNZE v GLANT KOTSEKI NANDWA [2008] KEHC 1038 (KLR)
✦ The application for stay of execution is granted, and the attached goods will be released to the appellant against a deposit of KShs.50,000.
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REPUBLIC v CHAIRMAN, AWENDO DIVISION LAND DISPUTES TRIBUNAL & 4 others [2008] KEHC 562 (KLR)
✦ The tribunal acted outside its jurisdiction, and the applicant's claim was time-barred. The decision is quashed, and the costs are to be borne by the first and third respondents.
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JOSEPH CHIBEYIA MAKAMU v JOHN A. KAROLI & 3 others [2008] KEHC 1019 (KLR)
✦ Leave is granted to the defendants to amend their defense.
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ROGERS NZOKA & 4 others v COMMISSIONER FOR CO-OPERATIVE DEVELOPMENT AND MARKETING [2008] KEHC 943 (KLR)
✦ Leave granted to file Judicial Review proceedings for certiorari and prohibition
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MORRIS MUTETI v REPUBLIC [2008] KEHC 1425 (KLR)
✦ The conviction is upheld as the evidence is reliable and the appellant was chased and arrested after his attempt to commit robbery against the victim.
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KIINGA MWANZWII v KITHOME NYAMU [2008] KEHC 1103 (KLR)
✦ The Application is dismissed with costs to the Respondent