Kenyan case law
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STEPHEN MUINDE KALULU vs REPUBLIC [2001] KEHC 333 (KLR)
✦ The appeal against conviction is dismissed, but the fine is reduced from Sh.5000/ to Sh.3000/ in default 2 months imprisonment.
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James Murigu Karumba & 2 others v Republic [2001] KEHC 845 (KLR)
✦ We quash the convictions and set aside the sentences of death for the 1st, 2nd, and 3rd appellants. We allow the appeals.
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SOLOMON MEME MUTHAMIA vs NTAARI KABUTURA & LAND ADJUDICATION OFFICER MERU [2001] KEHC 655 (KLR)
✦ The court held that the second defendant (Land Adjudication Officer Meru) is entitled to compensate the plaintiff for the loss of the suit property measuring 29.4 acres, and entered a judgment for the plaintiff in the sum of KShs.3,237,000.
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EZEKIEL NGARUIYA THUITA vs REPUBLIC [2001] KEHC 804 (KLR)
✦ The conviction for robbery is substituted, and the death sentence is set aside. The appellant is sentenced to 31⁄2 years imprisonment with effect from 9th February, 2000 plus two strokes.
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Jacob Mukunga v Republic [2001] KEHC 882 (KLR)
✦ The appeals are dismissed as the appellants were positively identified and their denials were rejected.
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GEDI AGALAB LAGO vs REPUBLIC [2001] KEHC 118 (KLR)
✦ The application is allowed and the applicant is released on his own bond of shs.30,000/- with one surety of similar amount.
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PAUL MUSANGO vs REPUBLIC [2001] KEHC 366 (KLR)
✦ The appellant's conviction is set aside, and the case is remanded for retrial before a different magistrate.
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INTERLAND DISTRIBUTORS LTD vs P. N. MASHRU LTD. & JOSEPH MULATYA KIMANI [2001] KEHC 681 (KLR)
✦ The court refused to approve the decree to enable the applicant process his appeal due to lack of proof of payment of court fees.
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FRANCIS WANJOHI WANGANGA & ANOTHER vs RUDOLF HUNZIKER & 2 OTHERS [2001] KEHC 88 (KLR)
✦ The court refuses the applicants' prayers for a temporary injunction and orders the application struck out.
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George W M Omondi & another v National Bank of Kenya Ltd & 2 others [2001] KEHC 841 (KLR)
✦ The plaintiffs lack legal standing to bring the suit in their own names, and the present suit is not res judicata.
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JOHN KASYOKI KIETI vs TABITHA NZIVULU KIETI & ANNAH NDILEVE KIETI [2001] KEHC 447 (KLR)
✦ The plaintiff's application to restrain the defendants from interfering with the running of the businesses is dismissed.
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YUNIS MOHAMMED DADA vs REPUBLIC [2001] KEHC 362 (KLR)
✦ The appeal is allowed, conviction quashed, sentence set aside, and the appellant is out on bail pending the outcome of the appeal.
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Jagjit Singh Kalsi v Biashara Bank (K) Ltd [2001] KEHC 32 (KLR)
✦ The court found that the issues raised in the current suit were directly and substantially an issue of the previous suit, and the previous suit's final order was a consent order.
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EXTRACRAFTS AGENCIES LIMITED vs BARAGWI FARMERS COOPERATIVE SOCIETIES LTD. [2001] KEHC 679 (KLR)
✦ The judgment entered against the defendant on February 11, 2000, is set aside
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FATUMA BARASA vs REPUBLIC [2001] KEHC 288 (KLR)
✦ The conviction is quashed, sentence set aside, and the Appellant is ordered to be set at liberty
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WAITHAKA KAREITHI & WARAU WAITHAKA vs JACK KAGUU GITHAE [2001] KEHC 394 (KLR)
✦ Service of the Penal Notice was not properly effected, and the applicant's application is dismissed.
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Fahim Salim Swaleh v Republic [2001] KEHC 834 (KLR)
✦ The conviction is quashed and the sentence set aside
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GEORGE GICHIRIRI MURIAMA vs REPUBLIC [2001] KEHC 260 (KLR)
✦ The appeal is allowed, conviction quashed, and sentence set aside. A retrial will be conducted by another court of competent jurisdiction.
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WANZA MUNYAO KIILU vs MAUNDU MUTUA [2001] KEHC 523 (KLR)
✦ The court granted the injunction, allowing the plaintiff to prevent the defendant from interfering with the suit land until the determination of the suit or further orders.
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STANLEY MAINA vs REPUBLIC [2001] KEHC 314 (KLR)
✦ The appeal is dismissed.
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PAUL MWANGI NDERITU vs THE PRINCIPAL MAGISTRATE, NAIROBI [2001] KEHC 886 (KLR)
✦ The application is dismissed. The criminal case is not brought for oppressive purposes, and the mere fact of a dispute about accounts is not a basis for stopping the criminal process.
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JANE NYABOKE NJAGI T/A NJAGI NYABOKE & CO vs DR. WOKABI [2001] KEHC 737 (KLR)
✦ The application is allowed in terms of prayers 1, 2 and 3 of the Notice of Motion. The applicant is granted leave to file the appeal out of time and a stay of execution pending the appeal.
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In Re:MATHIAS KISSIRI [2001] KEHC 809 (KLR)
✦ The application for re-sealing of the grant is allowed and the grant is hereby re-sealed.
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TOBIAS ONG'ANY AUMA & 5 OTHERS v KENYA AIRWAYS CORPORATION LIMITED [2001] KEHC 21 (KLR)
✦ The application is granted, and the judgment against the defendant is stayed until the determination of the appeal. The defendant is required to post security in the sum of Kshs. 500 million.
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SIMON NDEGWA CHEGE vs EMBAKASI RANCHING CO. LTD. AND ANOTHER [2001] KEHC 573 (KLR)
✦ Nominal damages of K.shs. 50,000 are awarded to the Plaintiff, and the Plaintiff is entitled to the costs of the suit against the 1st Defendant. The suit against the 2nd Defendant is dismissed with costs.