Kenyan case law
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ALI ABDI SHABURA V REPUBLIC [2012] KEHC 678 (KLR)
✦ The Appellant's conviction and sentence are confirmed. The Appellant's constitutional right to be brought to court within 24 hours is not violated. The evidence against the Appellant is sufficient. The sentence is lawful and not harsh.
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PAMELA AYIEKO MUYODI V SARAH ATHIENO [2012] KEHC 1240 (KLR)
✦ The court granted the applicant an injunction restraining the respondent from dealing with the property pending the suit.
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AMRAN AHMED MUSA V SILAS MWANGI KAMAU [2012] KEHC 882 (KLR)
✦ The suit and application are struck out with costs to the defendant due to the abuse of the court process
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ESTHER KANINI MUTAKHA & 3 OTHERS V MUTATI TRANSPORTERS LTD [2012] KEHC 1233 (KLR)
✦ The application is dismissed with costs to the respondent
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PETER MURAYA CHEGE v D.N. IKUA & another [2012] KEHC 1203 (KLR)
✦ The court granted a stay of execution pending hearing and determination of the appeal on condition that the applicant deposits the sum of Kshs.280,000/- claimed as costs, in an interest earning account in the joint names of applicant’s counsel and the respondent, within 14 days from today.
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JAMES AJWANG ODIYO V THOMAS GAT OMONDI [2012] KEHC 858 (KLR)
✦ The plaintiff's possession was open, peaceful, and continuous for over 12 years, and the defendants' rights to the land were extinguished.
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REPUBLIC V MARK LETULUO [2012] KEHC 644 (KLR)
✦ The Judge ordered the Accused to put himself on trial and to indicate his choice of options regarding giving evidence or making an unsworn statement.
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JAMES WAINAINA IMUNYO & 6 others v KARANJA MBUGUA & CO. ADVOCATES & another [2012] KEHC 1237 (KLR)
✦ The preliminary objections are sustained and the suit is struck out with costs to the 1st and 2nd defendants.
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RUTH WAIRIMU JOHN V FLORENCE ACHIENG’ MBURU [2012] KEHC 902 (KLR)
✦ A restraining order is issued to prevent the 2nd widow and her son from selling, transferring, intermeddling, or interfering with the properties listed in the application until the finalization of the cause.
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JULIUS KIMELE V REPUBLIC [2012] KEHC 1173 (KLR)
✦ The application for bail is dismissed.
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ROSSI RENATA V FABIO MARELLI & 2 OTHERS [2012] KEHC 683 (KLR)
✦ The plaintiff's application is res judicata and cannot be entertained.
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IN THE MATTER OF THE ESTATE OF ALI BAKARI GATENDE(DECEASED) [2012] KEHC 658 (KLR)
✦ The application has merit and the court allows prayer (2) of said application, directing TITUS KEITH WAMBUA to appear in court on 9th November 2012 to show cause why he should not be held in contempt.
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JOHN GIKANDI MAGONDU v LOISE WANGARI MAGONDU & ANOTHER [2012] KEHC 1423 (KLR)
✦ The estate should be shared between the children of the deceased and the widow, and the Protestors' claims will be settled before the estate can be shared.
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ROSE KEMUNTO ASIAGO V HUSSEIN DAIRY LTD & ANOTHER [2012] KEHC 862 (KLR)
✦ The court found that the deceased was traveling in motor vehicle KAP 336S, the 1st respondent was the owner of motor vehicle KAX 308Z/ZC 0032, and the deceased was not the plaintiff/Appellant's husband. The claim for loss of dependency is not tenable.
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B.W.W V J.M.N [2012] KEHC 904 (KLR)
✦ The court granted the applicant's application for a stay of the lower court's orders pending the determination of the appeal.
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MMJ V REPUBLIC [2012] KEHC 320 (KLR)
✦ The appeal is dismissed and the sentence is reviewed to 20 years.
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REPUBLIC v MUTEITHIA (Criminal Case 8 of 2012) [2012] KEHC 1338 (KLR) (2 November 2012)
✦ The accused is sentenced to serve three (3) years imprisonment.
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REPUBLIC v JAMES KIPROTICH BORE [2012] KEHC 1227 (KLR)
✦ The court finds compelling reasons to deny the applicant admission to bail.
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REPUBLIC v PATRICK LUMONJE OBOTE [2012] KEHC 1242 (KLR)
✦ The court sentences the accused to serve a term of fifteen (15) years in prison.
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RUBINA ABDUL MAJID V JULIUS MARETE T/A NTONYIRI BUS SERVICE [2012] KEHC 502 (KLR)
✦ The suit is dismissed for want of prosecution with costs to the defendant/applicant
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JAIRUS ONDIEKI MARIGA v REPUBLIC [2012] KEHC 1263 (KLR)
✦ The conviction and sentence are upheld
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SOUTH NYANZA SUGAR COMPANY LIMITED V DAVID OTIENO ONGACHO [2012] KEHC 1019 (KLR)
✦ The appeal is dismissed, the ruling and judgment are set aside, and the amount given as security by the appellant to the respondent is returned to the appellant with no interest.
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Kijata Enterprises Ltd v Kenya Power & Lighting Co.Ltd (Civil Case 72 of 2002) [2012] KEHC 1261 (KLR) (1 November 2012)
✦ The court dismissed the suit for want of prosecution due to prolonged and inexcusable delay, and awarded costs to the defendant.
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J.O.L v REPUBLIC [2012] KEHC 573 (KLR)
✦ The conviction for incest is upheld, and the sentence of life imprisonment is set aside. The appeal is dismissed.
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Rodah Teriki Cheptogoch v Kiprop Kipsang Cheserem [2012] KEHC 5 (KLR)
✦ The application for leave to amend pleadings is granted.