Kenyan case law
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ALOYSIUS NDUNGU GAKUNGA v ANDREW JOSEPH KARANJA & ANOTHER [2009] KEHC 870 (KLR)
✦ The court declines to order costs of the suit in favor of any of the parties and orders that each party bears its own costs
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JOSEPH KAROBIA KINYUA v REPUBLIC [2009] KEHC 1402 (KLR)
✦ The Appellant’s appeal against conviction and sentence is dismissed.
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BENSON MUTUKU MUNYIVA v REPUBLIC [2009] KEHC 1326 (KLR)
✦ Conviction and sentence of death quashed, appellant released
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Equators Bottlers Limited v Commissioner General Kenya Revenue Authority [2009] KEHC 1127 (KLR)
✦ Order of stay is reviewed and substituted with a stay subject to depositing an insurance guarantee in the sum of Ksh.30 million
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In Re Ennio Limited [2009] KEHC 916 (KLR)
✦ The application is dismissed with costs to the respondent
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REPUBLIC v NELSON KAGUTHI WAWERU & ANOTHER [2009] KEHC 1400 (KLR)
✦ The application is dismissed as the accused's constitutional rights were violated by the police, and the charge should not be dismissed.
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MESHACK SHAMALA MASINDE v HABIL MUKHWANA ESHITEMI [2009] KEHC 238 (KLR)
✦ The Petitioner is not the deceased's son and the Grant should not be revoked. The Petitioner should not be ordered to file an account or deposit monies. The Petitioner's name should not be removed from the Land Registry. The Petitioner should be made a co-administrator with the Objector.
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KENYA INDUSTRIAL ESTATE v ROSE AKINYI (Civil Appeal 20 of 2007) [2009] KEHC 1470 (KLR) (27 October 2009) (Ruling)
✦ The court dismisses the plaintiff's application to produce additional evidence and orders the application to be dismissed with costs.
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EDWARD W.W. MIACO v KENYA COMMERCIAL BANK LTD [2009] KEHC 1563 (KLR)
✦ The court ruled that the defendant was liable to refund the plaintiff the unrefunded interest and special damages, and ordered the defendant to pay the plaintiff Kshs.509,360 plus interest at 14% per annum until full payment.
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REPUBLIC v TEACHERS SERVICE COMMISSION & ANOTHER EX-PARTE JARED MONGARE NYAKUNDI [2009] KEHC 195 (KLR)
✦ The objection is dismissed on the grounds of time bad and 6 months. Other defects in the Notice of Motion will be addressed later.
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SATISH RAJPAL v MOHAMMED ALI MAMUJI & 2 OTHERS [2009] KEHC 1451 (KLR)
✦ Application dismissed as without merit and an abuse of the court process.
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REPUBLIC v ANTHONY KIMANDO & ANOTHER [2009] KEHC 1399 (KLR)
✦ The application is dismissed as the accused's constitutional rights were violated by the police, but the charge is not dismissed as the accused are charged with murder.
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ALLIANCE MEDIA KENYA LTD v SPORTS STADIA MANAGEMENT BOARD [2009] KEHC 1560 (KLR)
✦ The court restrained the defendant from determining or rescinding the agreements and from interfering, trespassing, alienating or dealing with the plaintiff's sites, billboards, advertising space to third parties.
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REPUBLIC v JOHN OUMA OWINO & ANOTHER [2009] KEHC 1525 (KLR)
✦ The court finds that the delay on the part of the 2nd accused was prejudicial, but the delay on the part of the 1st accused was not. The remedy is compensation.
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FIDELITY COMMERCIAL BANK LIMITED v WORLD IN TOURS & TRAVEL LIMITED & ANOTHER [2009] KEHC 1558 (KLR)
✦ The court held that the Hire Purchase Agreement is not covered by the Hire Purchase Act and that the rate of interest is valid.
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JOSEPH MWAURA NJOROGE v PATRICK GITHINJI [2009] KEHC 1362 (KLR)
✦ The court grants an interim injunction restraining the defendant from interfering with the plaintiff's property.
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MUINDE MUTUKU V RICHARD NJIRU MBOGO T/A NJIRU MBOGO & CO. ADVOCATES [2009] KEHC 1568 (KLR)
✦ The court ordered the defendant to pay the plaintiff Kshs.441,387.86 plus interest and to render a complete account for Kshs.950,000 received on behalf of the plaintiff.
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BOARD OF TRUSTEES NATIONAL SOCIAL SECURITY FUND v DOUGLAS NGALA & 4 OTHERS [2009] KEHC 1195 (KLR)
✦ The court declares the plaintiff as the bona fide registered owners of the two plots of land and restrains the defendants from further excavating, occupying, or dealing with the property. The defendants are ordered to give vacant possession within 30 days or be evicted.
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CITY COUNCIL OF NAIROBI v JOKAMU HOLDINGS LTD & ANOTHER [2009] KEHC 1561 (KLR)
✦ The court allows the application and grants an interlocutory injunction restraining the 1st and 2nd defendants from auctioning, selling, alienating, evicting, trespassing or in any other way dealing with L.R. No.17338 pending hearing and determination of the applicant's suit or further orders of the court.
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REPUBLIC v KIDANGU KUTSUKA RUWA & ANOTHER [2009] KEHC 396 (KLR)
✦ The charges are lawful and valid, and the accused persons are not entitled to discharge and set at liberty.
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MORRIS KINYUA WAITHAKA & OTHERS v KENYA CREDIT TRADERS LIMITED [2009] KEHC 1207 (KLR)
✦ The appeal is dismissed with costs.
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REPUBLIC v JACKSON MUSYOKI & 2 OTHERS [2009] KEHC 1026 (KLR)
✦ The accused persons have a case to answer and shall be put on their respective defences.
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KAHINDI KATANA CHENGO & ANOTHER v HAFSA OMAR MZEE HAJI & ANOTHER [2009] KEHC 1194 (KLR)
✦ The Originating Summons is defective and the Preliminary Objection is sustained.
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AGNES KATTO NJOROGE v ALICE WAKIINI WACHIRA [2009] KEHC 3691 (KLR)
✦ The court finds that the applicant has the locus standi to file the application and that the respondent cannot interfere with the estate of the deceased.
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MOIZ HASSAN NATHOO T/A T & S INTER TRADE v HARVEEN GADHOKE & 2 OTHERS [2009] KEHC 434 (KLR)
✦ The court dismisses the suit in its entirety with costs to the 1st Defendant