Kenyan case law
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REPUBLIC v MERU NORTH DISTRICT LAND ADJ EX-PARTE FREDRICK MWORIA [2009] KEHC 937 (KLR)
✦ The notice of motion is dismissed for being incompetent.
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KARAN SINGH BHACHU v REPUBLIC [2009] KEHC 1065 (KLR)
✦ The appeal is dismissed. The trial court's decision to place the appellant on his defence is upheld.
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REPUBLIC v FRANCIS WANYOIKE GUCHU [2009] KEHC 829 (KLR)
✦ The prosecution's delay in arraigning the accused was illegal and a violation of his constitutional rights, leading to the acquittal and release of the accused.
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KATEE KIITI v ATTORNEY GENERAL & another [2009] KEHC 1032 (KLR)
✦ The proceedings and rulings of the land adjudication committees are declared null and void
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ANN WANJIRU WAIGWA & ANOTHER V JOSEPH KIRAGU KIBARUA [2009] KEHC 611 (KLR)
✦ The application is allowed on condition that the applicants shall within the next twenty-one (21) days from the date hereof deposit the entire decretal sum in an interest earning account to be operated jointly by the advocates of the applicants and those of the respondents.
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REPUBLIC v MINISTER OF LANDS AND HOUSING [2009] KEHC 1016 (KLR)
✦ The ex-parte Applicant has failed to dislodge the fact that the court cannot interrogate the merits of the challenged decision. The process leading to the decision is final.
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REBECCA WAMAITHA GITHAE v PETER MWANGI GITHAE & 2 OTHERS [2009] KEHC 1514 (KLR)
✦ The suit premises are owned in common by the appellant and the deceased, and the deceased's share should go to her children, the respondents.
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KISHINGA KIMUNYI v KIBUGI KATHIGI & ANOTHER [2009] KEHC 1354 (KLR)
✦ The plaintiff's claim is dismissed with costs to the defendants.
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ELIZABETH WAKIURU v DAMARIS WAMBURA KARIUKI & ANOTHER [2009] KEHC 1361 (KLR)
✦ The plaintiff's suit against the 2nd defendant be dismissed for want of prosecution.
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Musili Mulatya v Republic [2009] KEHC 752 (KLR)
✦ The trial is declared a nullity and the conviction and sentence are quashed. The Appellant will be retried at Mwingi SRM's court by any magistrate other than Hon. D.O. Ondabu and Hon. J.K. Ngarngar.
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REPUBLIC v ANDREW MUECHE OMWENGA [2009] KEHC 1573 (KLR)
✦ The court reduces the charge of murder to manslaughter due to the accused's justified self-defense in the heat of passion.
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JOSEPH KABACHIA MUGO v PETER MWANGI MUGO & 2 OTHERS [2009] KEHC 1515 (KLR)
✦ The appeal is allowed. The judgment of the learned magistrate is set aside. The land parcel No. Loc. 8/Kandegenye/62 is to be distributed equally between the appellant and the 3 respondents, with the deceased's widow having a life interest.
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DANSON K. NGUNDO v KENYA POWER & LIGHTING [2009] KEHC 962 (KLR)
✦ The termination of the Plaintiff's employment was not wrongful, and the Plaintiff's claims for wrongful termination and loss of earnings are dismissed.
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PRIXITKUMAR MEGHJI SHAH & another v CHANDUBHAI JETHABHAI PATEL & 3 others [2009] KEHC 869 (KLR)
✦ The plaintiffs are entitled to a Discharge of the Charge registered as Number I.R. 3323/10 against Land Reference Number 209/2081, Nairobi. The defendants are directed to execute the instruments of Discharge of Charge over the property within 30 days.
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ALICE MUHONJA v KENNETH LITSWA ASEGA [2009] KEHC 359 (KLR)
✦ An interlocutory injunction is granted to restrain the respondent from demolishing the house in which the applicant lives on the suit property.
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REPUBLIC v NAOMI WANGECHI CHEGE [2009] KEHC 1334 (KLR)
✦ The accused's constitutional rights were violated due to the delay in bringing her to court, but she is not entitled to an acquittal.
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KARISA KALU BIRYA v LAND REGISTRAR KILIFI MALINDI DISTRICT & 3 others [2009] KEHC 966 (KLR)
✦ The application is dismissed with costs to be borne by the ex-parte applicant.
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KIPTOO CHESIRE & 2 others v ALICE JEPCHUMBA CHESIRE [2009] KEHC 737 (KLR)
✦ The preliminary objection is dismissed. The Chamber Summons dated 5th August, 2009 will be heard and determined on merits.
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M’RINGERA M’MBWIRIA v DISTRICT COMMISSIONER MERU CENTRAL & ANOTHER [2009] KEHC 1158 (KLR)
✦ The court finds that the Tribunal exceeded its jurisdiction and grants an order of certiorari to quash the decision awarding the 2nd respondent land registered in the father's name.
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ERNEST NJUGUNA MUTHEE v ATTORNEY GENERAL [2009] KEHC 1357 (KLR)
✦ The appeal is hereby struck out with no order as to costs.
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MOSES ATELA OTHIRA v REPUBLIC [2009] KEHC 1183 (KLR)
✦ The appeal is dismissed in its entirety. The appellant will serve the sentence on count 1 while that on count 2 is held in abeyance.
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M’BARUA M’IRIA v JUSTUS MUTHURI BARUGAH & 2 OTHERS [2009] KEHC 938 (KLR)
✦ The court finds that the Land Dispute Tribunal exceeded its jurisdiction and directs the Deputy Registrar to quash the decision and call for the implementation of the decision of the High Court.
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JUSTUS MUSYIMI MBILA v NATIONAL MUSEUMS BOARD OF GOVERNORS [2009] KEHC 1039 (KLR)
✦ The suit is dismissed with costs to the Defendant
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PATRICK WAWERU BUNDI v REPUBLIC [2009] KEHC 1325 (KLR)
✦ The appeal is allowed, conviction and sentence of death are quashed, and the appellant is set free
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LAWRENCE KEBO KOKOI v REPUBLIC [2009] KEHC 722 (KLR)
✦ The application is dismissed as the delay was not inordinate and the injuries and missing items were explained by the police.