Kenyan case law
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George Monare Sese v Republic [2003] KEHC 401 (KLR)
✦ The Appellant was convicted and sentenced for the offence of House Breaking and Stealing. The appeal against conviction was dismissed.
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HARRISON GICHARU NG’ANG’A & 4 OTHERS vs SIMON MWANGI NGERU [2003] KEHC 527 (KLR)
✦ The court erred in granting or directing the leave to operate as a stay long after it had granted the leave and in granting the ex parte restringing orders.
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FRANCIS CHEPLAITI V W. A. CHEPKWONY [2003] KEHC 48 (KLR)
✦ The court found the defendant's purported rescission of the grant of land to be unlawful and ordered the defendant to refrain from interfering with the plaintiff's possession of plot number 41 in Sergoit crown land.
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GLADYS MOMANYI vs DR. GEORGE OMONDI OYOO & 4 OTHERS [2003] KEHC 721 (KLR)
✦ The court found that the defendants/applicants have not shown substantial loss they would suffer if the order was enforced, and thus denied the application for extension of the stay.
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GITAU NJOROGE vs BERNARD THIONGO NJOROGE [2003] KEHC 748 (KLR)
✦ The Appellant is not the absolute owner of the land and the Respondent is not required to give vacant possession.
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GEOFFREY NJENGA NJOROGE vs BONIFACE NJAU [2003] KEHC 779 (KLR)
✦ The court dismissed the application for stay of execution, finding that the applicant failed to meet the necessary conditions and that the application was an afterthought.
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IDRIS YUSUF BWANA ) MOHAMMED GHANI TAIB vs REPUBLIC [2003] KEHC 284 (KLR)
✦ The court granted bail to Idris Yusuf Bwana and denied it to Mohammed Ghani Taib
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GABRIEL SIMIYU MAKHALE vs REPUBLIC [2003] KEHC 462 (KLR)
✦ The sentence is reduced from seven years and 14 strokes of the cane to five years imprisonment without corporal punishment
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FIDELITY SECURITY LTD. vs JOHN ONYIENGO OGWANG [2003] KEHC 903 (KLR)
✦ The amended plaint should be struck out, but the original plaint should remain on record for the respondent to base his claim on if he wishes to continue with it.
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FLAMINGO BOTTLERS LTD. vs BENARD MWANGI [2003] KEHC 747 (KLR)
✦ The court allows the application and orders the advocate to pay the respondent's thrown away costs
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GONA RIMBA v REPUBLIC [2003] KEHC 832 (KLR)
✦ The appellant's conviction is quashed, sentences are set aside, and the appellant is released from prison custody.
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NELIA WANJIRU GITUMBI vs JACINTA WANJIRU GITUMBI,JOSEPH KAGWIRI GITUMBI [2003] KEHC 925 (KLR)
✦ The applicant was not the wife of the deceased at the time of his death and is not entitled to any benefit from the estate. The applicant's daughter is presumed to be married and is a beneficiary of the estate subject to limitations.
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Nelson Otieno Asino Omollo v Davidson Karundi Ngini & 2 others [2003] KEHC 47 (KLR)
✦ The court dismissed the plaintiff's application for injunctive orders and declarations.
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KENGA LOLO MGALLA vs REPUBLIC [2003] KEHC 915 (KLR)
✦ The default imprisonment term of three years is set aside and substituted by six months imprisonment.
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OF JAMES M. NDELEKO) vs - RESHMA AFTAB KHAN [2003] KEHC 516 (KLR)
✦ The judgment will be set aside with certain conditions
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JOAKIM ANAEL SAID vs REPUBLIC [2003] KEHC 366 (KLR)
✦ The appeal is allowed, the conviction of the appellant and Hamad Bakari is quashed, the sentence of three years imprisonment and three strokes of the cane passed against the appellant, and three years probation passed against Hamad Bakari are hereby set aside. A retrial is ordered before a different magistrate.
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J.G. BUILDERS vs PLAN INTERNATIONAL [2003] KEHC 56 (KLR)
✦ The application for dismissal of the suit for want of prosecution is granted as the Plaintiff took a whole year doing nothing after the Defendant was given fourteen days to file his amended defence.
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SLAPPER SHOE INDUSTRIES LTD vs NIXON WEKESA MASINDE [2003] KEHC 754 (KLR)
✦ The appeal is allowed, and the apportionment of liability is changed from 15% to the respondent and 85% to the appellant to 60% to the respondent and 40% to the appellant.
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JOHN KIPLANGAT vs REPUBLIC [2003] KEHC 333 (KLR)
✦ The conviction and sentence are upheld, but the sentence of 10 strokes of the cane is reduced to 5 strokes.
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Yobesh Oyaro v Alwaka t/a Weekly Citizen & 2 others [2003] KEHC 929 (KLR)
✦ The court found in favor of the plaintiff, clearing him of any involvement in corruption and looting at the port.
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In re the Estate of Chumo Arusei [2003] [2003] KEHC 932 (KLR)
✦ The estate will be distributed as follows: 1. Proceeds of Bank account No 4060878 with Barclays Bank Eldoret branch to go to Rael Arusei and Jane Cheptanui Metto in equal shares. 2. Land parcel No Nandi Cheptil 168 to go to Rael Arusei and Jane Cheptanui Metto in equal shares. 3. Tractor plough to go to Jane Cheptanui Metto only. 4. Five acres out of land parcel No Tuiyo Lemok form plot No. 150 to go to Rael Arusei, Joshua Chumo, Wilson Chumo, and David Chumo. 5. Five acres out of land parcel No Tuiyo Lemok form plot No. 150 to go to Jane Cheptanui Metto, Kenneth Kirwa Chumo, Stephen Kipngetch Chumo, and Eliud Cheruyot Chumo. 6. Share worth 80,000 in Tambul Farmers Company Ltd. to be distributed as per the shares held by the households.
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PETER NJAU WAIHARO,MARY WAMAITHA & OTHERS vs JOHN WAIHARO THERENJA [2003] KEHC 226 (KLR)
✦ Application dismissed with costs
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WACHURI FARMERS CO-OP. SOCIETY LTD. NJURIGA FARMERS CO-OP. SOCIETY LTD vs MBURU MUNGAI T/A MBURU MUNGAI & ASSOCIATES THE REGISTRAR OF CO-OP. SOCIETIES [2003] KEHC 211 (KLR)
✦ The court found that the respondents committed contempt of court and fined them Kshs 10,000 or jailed them for 6 months in default. The transfer of the plot of land is hereby rendered void.
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HUSSEIN NGARE MUSEE vs REPUBLIC [2003] KEHC 170 (KLR)
✦ The appeal is dismissed as the act cannot be excused on grounds of alcohol and the sentence was lenient.
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NATIONAL BANK OF KENYA LTD vs DAVID MUKII MEREKA T/A MEREKA & COMPANY ADVOCATES [2003] KEHC 139 (KLR)
✦ The application is struck out with costs to the Respondent as the High Court has no jurisdiction to grant the orders sought.