Kenyan case law
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REPUBLIC V CENTRAL PROVINCIAL AND APPEAL TRIBUNAL & 5 OTHERS EX-PARTE LEONARD MWAI GACHOKI [2012] KEHC 1086 (KLR)
✦ The leave to operate as stay is vacated as the substantive motion was not filed within 21 days
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JOSEPH KARANJA MBUIGUA T/A KARANJA MBUGUA & COMPANY ADVOCATES V NAKURU INDUSTRIES LIMITED [2012] KEHC 293 (KLR)
✦ The application is dismissed with costs as the applicant has side-stepped the procedure set out for challenging a taxing officer's decision.
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MICHAEL MUTINDA MUTEMI V PAUL KINYANJUI NGOIMA & ANOTHER [2012] KEHC 1443 (KLR)
✦ The Court held that the arrest and prosecution were not malicious and that the Appellant did not have a valid claim for malicious prosecution or false imprisonment.
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SOLOMON OGOT V WILFRED WASONGA OWINO & ANOTHER [2012] KEHC 1373 (KLR)
✦ The appeal is dismissed with costs to the Appellant.
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REPUBLIC V CHIEF MAGISTRATE, MALINDI [2012] KEHC 767 (KLR)
✦ The court grants the chamber summons in terms of prayer 2 and 3, allowing the Judicial Review proceedings to be filed within 21 days of the date of the judgment.
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PETER GAKUNGI KURIA V JOHN WACHIRA MUGO [2012] KEHC 811 (KLR)
✦ The application is merited, and prayers (2), (3) and (5) of the application by Chamber summons dated 30th March, 2010 are accordingly granted as prayed. Costs in the cause.
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JOSEPHINE ISELE KULUO V CHIEF MAGISTRATE’S COURT KIBERA, NAIROBI & ANOTHER (Miscellaneous Application 637 of 2007) [2012] KEHC 1354 (KLR) (5 November 2012)
✦ The Notice of Motion is dismissed with no order as to costs.
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MOHAMED MOHAMUD KASSIM v MOHAMED ADEN ALI & 2 Others [2012] KEHC 117 (KLR)
✦ The application is allowed, and the funds are ordered to be released to the applicant within 14 days of the date of the ruling.
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PAUL WAMEYO ODIPO V REPUBLIC (Criminal Appeal 42 of 2011) [2012] KEHC 1326 (KLR) (5 November 2012)
✦ The trial court had jurisdiction, and the sentence is reduced from seven years to three years imprisonment.
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EMBAKASI JUA KALI HOUSING ASSOCIATION V EMBAKASI DEVELOPERS LTD & ANOTHER [2012] KEHC 664 (KLR)
✦ The court granted a temporary injunction restraining the 1st Defendant and its agents from demolishing, destroying, or damaging the Plaintiffs' properties.
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DANIEL LUWAMBI & 2 OTHERS V PENGUIN HOLDINGS LIMITED [2012] KEHC 989 (KLR)
✦ The Court orders the restoration of the status quo prior to the evictions.
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JOSEPH MUSOMBA V ATTORNEY GENERAL [2012] KEHC 5535 (KLR)
✦ The search conducted at the petitioner's premises was illegal and unconstitutional, violating Article 25 (c) of the Constitution of Kenya.
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CAPOTERRA FOR AFRICA LIMITED v REGISTRAR OF TITLES, MOMBASA [2012] KEHC 1159 (KLR)
✦ The Notice of Motion is allowed in terms of prayers 1, 2, and 3 with costs to the 4th Interested Party.
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DENNIS EDMOND APAA & 2 OTHERS V ETHICS AND ANTICORRUPTION COMMISSION & ANOTHER [2012] KEHC 1352 (KLR)
✦ The court held that the prosecution has a duty to disclose all relevant material to the defense, including witness statements and scientific material, throughout the trial.
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ANASTACIA NJOKI KARIMI V KIRINYAGA COUNTY COUNCIL [2012] KEHC 1111 (KLR)
✦ The application is transferred to Kerugoya High Court for the applicant to make the necessary application there.
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LIVINGSTONE JOEL WECHE T/A L WECHE JOEL TRANSPORTERS V P Z CUSSONS EAST AFRICA LIMITED [2012] KEHC 1349 (KLR)
✦ The application to set aside the interlocutory judgment is dismissed, and the defendant is granted leave to defend the suit.
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DILBAGH SINGH BROTHERS (INVESTMENTS) LIMITED V ALVI AUTO SPARES LIMITED [2012] KEHC 360 (KLR)
✦ The court declines to grant a stay of execution pending the reference and sets aside any execution commenced in breach of the aforesaid provisions.
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DANIEL OMONDI OLARA V REPUBLIC [2012] KEHC 1321 (KLR)
✦ The appeal is allowed, conviction and sentence set aside, and the appellant is ordered to be set free unless lawfully held.
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CALEB KOSITANY & ANOTHER V INDUSTRIAL & COMMERCIAL DEVELOPMENT CORPORATION & ANOTHER [2012] KEHC 478 (KLR)
✦ The suit is hereby dismissed with costs for want of prosecution. The plaintiffs will also pay the costs of this application.
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DAVID MULEI MBUVI & 13 OTHERS V REGISTRAR GENERAL & 2 OTHERS [2012] KEHC 5556 (KLR)
✦ The decision of the Senior Deputy Registrar General cancelling the Applicants' licenses was null and void ab initio and of no legal effect due to violation of the rules of natural justice and the Constitution.
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ALIEFYA ALIASGHER V REPUBLIC [2012] KEHC 734 (KLR)
✦ The appeal is granted, and the conviction is set aside.
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DONALD MUTUA MUINDE & ANOTHER V KENYA COMMERCIAL BANK & ANOTHER [2012] KEHC 810 (KLR)
✦ The application is dismissed with costs
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KENYA ANTI CORRUPTION COMMISSION V MAJOR GENERAL (RTD) DEDAN NJUGUNA GICHURU & ANOTHER [2012] KEHC 639 (KLR)
✦ The motion to dismiss for want of prosecution is dismissed. The case is set for hearing on its merits.
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JULIUS KIMELE V REPUBLIC [2012] KEHC 1173 (KLR)
✦ The application for bail is dismissed.
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MMJ V REPUBLIC [2012] KEHC 320 (KLR)
✦ The appeal is dismissed and the sentence is reviewed to 20 years.