Kenyan case law
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JAMES W. KIGO NGARAMA v JAMES MBURU GAKUHA [2010] KEHC 1313 (KLR)
✦ The Plaintiff's application for an interlocutory injunction and mandatory injunction is dismissed with costs.
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MARY NDUTA NJAGA v WALLACE WAWERU NJUGUNA [2010] KEHC 1326 (KLR)
✦ The defendant's counterclaim is dismissed for want of prosecution, and an eviction order is issued against the defendant from the plaintiff's parcel of land.
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ALICE NJAMBI WAITIKI & another v JOHN MUCHAI & 3 others [2010] KEHC 1416 (KLR)
✦ Application to strike out defence and counterclaim dismissed
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ANTONY GICHOBI NJAGI v MAINA KAMENYA [2010] KEHC 1034 (KLR)
✦ The judgment dated 19.01.2005 is null and void, and the award dated 30.07.02 of the Mwea Land Disputes Tribunal is null and void.
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REPUBLIC v .FREDRICK WESONGA MAKOKHA & 2 others [2010] KEHC 1142 (KLR)
✦ The accused will go to jail for two (2) years
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RISHI HAULIERS LIMITED v MOSES JUMA OKUBI & another [2010] KEHC 1312 (KLR)
✦ The 40% liability assigned to the Appellant is substituted with 10% liability against the 1st Respondent and 90% against the 2nd Respondent. The Appellant is discharged from liability. The damages awarded are not excessive and are upheld.
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KENYA ARMED FORCES OLD CORMADES ASSOCATION REGISTERED TRUSTEES v NAIROBI CITY COUNCIL & 4 others [2010] KEHC 1329 (KLR)
✦ The orders for enjoinment of the applicants and injunctive reliefs are upheld.
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REPUBLIC v JOSEPH WAMBUA MUTUNGA & 3 others [2010] KEHC 1251 (KLR)
✦ The court rejects the application for bail pending trial due to the real possibility of the accused making contact with witnesses and the severity of the death penalty
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NATIONAL OIL CORPORATION OF KENYA v STEVEN KAMUNGE [2010] KEHC 1217 (KLR)
✦ The Application is dismissed with costs.
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SAMUEL MBUGUA MBURU v REPUBLIC [2010] KEHC 111 (KLR)
✦ The conviction and sentence are upheld. The evidence proves beyond reasonable doubt that the appellant committed the robbery and murder.
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POSTAL CORPORATION OF KENYA v SEMCO SERVICES [2010] KEHC 755 (KLR)
✦ The learned trial magistrate erred in finding that the instant suit fell within the exemptions provided for by S. 27 of Cap 22 and in failing to take into account the provisions of S. 24 of the Postal Corporation Act No. 3 of 1998.
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PHOEBE WANGUI KAMORE v JAMES KAMORE NJOMO [2010] KEHC 649 (KLR)
✦ The court grants the defendant's application to nominate a valuer and orders the parties to share the costs of the valuer.
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JOHN NGUGI GATHUMBI v REPUBLIC [2010] KEHC 1429 (KLR)
✦ The conviction and sentence are quashed, and the appellant is set free
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REPUBLIC v MOSES KENU OLE PEMBA [2010] KEHC 350 (KLR)
✦ The court denies the application to release the accused on bond/bail pending appeal.
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REPUBLIC v FRANCIS KUBAI M’KIOME & another [2010] KEHC 1456 (KLR)
✦ The court declines to order the acquittal of the accused as they seek, but finds that the accused have a right to seek compensation for the violation of prolonged detention at the police station.
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REPUBLIC v JASON MURIUNGI & 2 others [2010] KEHC 1470 (KLR)
✦ The appeal is dismissed as there is no error in the learned magistrate's decision.
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REPUBLIC v DANCAN NDEGWA NTIBA [2010] KEHC 1452 (KLR)
✦ The court declines to terminate the prosecution and orders the trial to continue. The accused can seek compensation for the alleged prolonged detention.
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DEPOSIT PROTECTION FUND BOARD v VICTORIA DISTRIBUTORS LIMITED & 6 Others [2010] KEHC 767 (KLR)
✦ The court dismissed the plaintiff's case for want of prosecution due to inordinate delay and unreasonable conduct.
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KIMATHI STEPHEN v REPUBLIC [2010] KEHC 1458 (KLR)
✦ The court declines to write the judgment and orders the appellant to be produced before court for the purposes of the court's satisfaction that he is indeed 17 years old.
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REPUBLIC v JOSEPHINE MUTHONI [2010] KEHC 1472 (KLR)
✦ The appeal is dismissed as the grounds relied upon did not constitute an appeal on points of law.
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REPUBLIC v RICHARD MURIUKI & 3 others [2010] KEHC 1486 (KLR)
✦ The court declines to terminate the prosecution of the accused and orders that the trial of the accused do continue. The accused can seek compensation for the alleged prolonged detention at the police station following their arrest.
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SOLOMON KIRANGU THANDE v DAVID MUHIKA MUTAHI & another [2010] KEHC 1332 (KLR)
✦ The application lacks merits and is dismissed with costs.
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JOSEPH NJOROGE KINYANJUI v REPUBLIC [2010] KEHC 259 (KLR)
✦ The sentence of fifteen years is hereby reduced to ten (10) years to run from the date of the Appellant's conviction.
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REPUBLIC v HARUN KIMATHI NTOITI [2010] KEHC 1466 (KLR)
✦ The court declines to terminate the prosecution of the accused and orders that the trial continue. The accused can seek compensation for the alleged prolonged detention at the police station.
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JONA NGALA KILIMBI v REPUBLIC [2010] KEHC 745 (KLR)
✦ The conviction and sentence are confirmed