Kenyan case law
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Emmy Mwatoki v Republic [2017] KEHC 1856 (KLR)
✦ The Appellant’s appeal is successful, conviction and sentence are quashed, and the Appellant is set free.
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Beth Kanini Mbithi & another v Ann Wanjiku Waithaka [2017] KEHC 1033 (KLR)
✦ The application is allowed, and the applicants are granted leave to file an appeal within 60 days. A stay of execution is granted on condition that the applicants pay the respondent Kshs. 500,000 within 30 days and deposit the balance in a joint interest earning account within the same period.
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David Ouma Ochieng v Independent Electoral & Boundaries Commission & 2 others [2017] KEHC 2264 (KLR)
✦ The court upholds the objection by the petitioner and the 1st and 2nd respondents, and rules that the 3rd respondent cannot participate in the petition.
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Bks v Republic [2017] KEHC 92 (KLR)
✦ The appeal is dismissed. The prosecution's evidence on the complainant's age is upheld.
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John Samson Awili Ogejo v Republic [2017] KEHC 9704 (KLR)
✦ The application partially succeeds, and the court directs that if the initial surety presents himself and states his willingness to continue standing surety, the original bond terms shall stand. If he withdraws, the fresh terms of bond/bail shall stand.
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Republic v Political Parties Tribunal & 3 others Ex Parte Saadia Ahmed Mumin [2017] KEHC 2104 (KLR)
✦ The application for leave to apply for judicial review was dismissed with costs.
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David Kipsang Keter v Johana Kipyegon Ngeno & 2 others [2017] KEHC 2040 (KLR)
✦ The court adjourns the proceedings until 1/12/2017 due to the respondent's participation in the bar examination.
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James Nyaga Njue v Republic [2017] KEHC 1806 (KLR)
✦ The application is dismissed as it has no merit.
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Republic v Ann Njeri Waihumbu & 5 others Ex-Parte Joseph Ndemi Wanjiri & 3 others [2017] KEHC 894 (KLR)
✦ The ex-parte applicants can apply for a stay of further proceedings including entry of judgment pending a pending application for enlargement of time under Rule 11 of the Advocates Remuneration Order, but not pending the setting aside of the certificate of taxation and the order of taxation.
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Republic v Director of Public Prosecutions & 2 others Ex Parte Pius Kiprop Chelimo & another [2017] KEHC 9597 (KLR)
✦ The court has the power to intervene and prevent criminal proceedings if they are brought for ulterior motives or are oppressive and vexatious.
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Riley Falcon Services v Jared Ochieng Jombo [2017] KEHC 2172 (KLR)
✦ The appeal succeeds only to the extent that the award for Kshs. 400,000/- is set aside and substituted with an award of Kshs. 300,000/- general damages with costs in the lower court.
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Mutisya Albanus Paul v Independent Electoral and Boundaries Commission & 2 others [2017] KEHC 2138 (KLR)
✦ Petitioner's request for adjournment is granted, Respondents are directed to seek an order in Election Petition 1 of 2017 for warehouse access
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Republic v K M S [2017] KEHC 9687 (KLR)
✦ The accused is sentenced to death as provided for under Section 204 of the Penal Code
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Peter G. Wildred Njiri v Daniel Ndungu p/a D. Ndungu & Co. Advocates [2017] KEHC 1442 (KLR)
✦ The defendant is ordered to refund the plaintiff the sum of Kshs. 10,000,000
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Dismas Tobesi Aura v Sukari Industries Limited [2017] KEHC 10132 (KLR)
✦ The application is merited and leave is granted to the applicant to file his claim out of time.
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B N O v Republic [2017] KEHC 1996 (KLR)
✦ The conviction and sentence are affirmed. The appeal is dismissed.
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Republic v Nairobi City County Ex parte Zitron Limited t/a Sunrice Casino [2017] KEHC 2061 (KLR)
✦ Respondent’s decision to withdraw Single Business Permit and close business operations is unlawful and invalid
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Alpharama Limited v Joseph Kariuki Cebron [2017] KEHC 1818 (KLR)
✦ The trial court's award of Kshs 900,000/= for general damages for pain and suffering was reasonable. The award of Kshs 870,840/= for reduced earning capacity was also reasonable.
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Republic v Kenya Urban Roads Authority & 2 others Exparte Cytonn Investments Management Limited [2017] KEHC 897 (KLR)
✦ The court found that the applicant had an alternative remedy in the form of an appeal under the Physical Planning Act and that the approval given to the applicant was irregular and unprocedural.
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Sisto Muhiato Karonji v Attorney General & 2 others [2017] KEHC 9605 (KLR)
✦ The petition does not raise constitutional issues, and the evidence does not establish liability against the Respondents. The petition fails.
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Kenya Power & Lighting Company Limited v Nicholas Oduor Mwali & 2 others [2017] KEHC 2127 (KLR)
✦ The appellant failed to prove malice or ill-will against the appellant and its officers, and the 1st respondent did not point to anyone employed by the appellant who had ill-will or malice against him.
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Mwavita Jonathan v Silivia Onunga [2017] KEHC 2176 (KLR)
✦ The court reduces the award of general damages from Kshs. 1,000,000/- to Kshs. 400,000/-
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Republic v Wycliff Ouma Omol [2017] KEHC 1415 (KLR)
✦ The accused is acquitted of murder
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Margaret Wairimu Magugu (suing as the Admistratrix of the estate of the Late Arthur K Magugu) v Karura Investments Limited & 4 others [2017] KEHC 1614 (KLR)
✦ The Court finds no merit in the objection regarding the verifying affidavit and overrules it. The Court also finds that the plaintiff's suit is not an abuse of the process of the court.
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In re J K K (Minor) [2017] KEHC 976 (KLR)
✦ This Court allows the Applicants' application to adopt the child, J K K. The child shall retain his current name, and the 1st Applicant's brother, F K K, shall be the legal guardian of the child should such eventuality arise.