Kenyan case law
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Josephat Mwachanya & 2 others v Kenya Revenue Authority & another [2005] KEHC 1601 (KLR)
✦ The court grants leave to institute the application and orders the respondents to issue customs agent licenses with the new requirement as to recommendation and to prohibit dealing only with KIFWA recommended agents.
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JOHN KAHIGA as substituted with NDUNGU MWAURA v GICHIA NGUGI [2005] KEHC 433 (KLR)
✦ The application for leave to file appeal out of time is dismissed with costs to the respondent
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Alexander Kioko Mathaka v Republic [2005] KEHC 1716 (KLR)
✦ The Court finds no merit in the Plaintiff/Applicant's application and dismisses it with costs to the Defendant
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Albanus Ongoto Mwencha v Republic [2005] KEHC 1619 (KLR)
✦ The conviction is quashed and the sentence set aside.
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Republic v Land Disputes Tribunal,Kapsabet Division & 2 others Ex-Parte Raphael Tanui & another [2005] KEHC 1595 (KLR)
✦ The application is fatally defective and is hereby struck out with costs to the interested party
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Jesse Mwangi Theuri v Republic [2005] KEHC 1021 (KLR)
✦ The conviction and sentence of death are dismissed. The evidence against the Appellant was overwhelming, and his grounds of appeal have no merit.
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Republic v Michael Waweru Muinami [2005] KEHC 1326 (KLR)
✦ The court finds the prosecution's evidence insufficient to establish the accused's guilt and directs his release.
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BENARD NGUGI MWANGI v REPUBLIC [2005] KEHC 255 (KLR)
✦ The conviction and sentence of death are set aside due to the unqualified prosecutor and serious inconsistencies in the evidence.
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JOSEPH GITONGA GITHONGO v WAHOME MUCHURA & 2 others [2005] KEHC 355 (KLR)
✦ The court finds that the Plaintiff is the rightful owner of the land and grants the Plaintiff's prayers for restoration, cancellation of registration, eviction, and general damages.
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MBUNI DRYCLEANERS LIMITED V MARGARET CHELANGAT & 18 OTHERS [2005] KEHC 719 (KLR)
✦ The ex-parte judgment entered against the Plaintiff is set aside and the Defendants are ordered to file reply and defence to counterclaim.
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Elite Studios Limited & another v Intercontinental Hotels Limited [2005] KEHC 1527 (KLR)
✦ The Court orders a limited stay of execution for four months, directing the filing of the Record of Appeal and the hearing of the appeal within the next four months.
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Jesse Mwangi Theuri v Republic [2005] KEHC 1688 (KLR)
✦ The evidence against the Appellant was overwhelming, and his conviction was safe.
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Benard Ngugi Mwangi v Republic [2005] KEHC 1225 (KLR)
✦ Set aside the conviction and the sentence, decline to order a retrial
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Irene Wangari Matu & another v Thomas Thairu Gakuru [2005] KEHC 1694 (KLR)
✦ The court allows the application to enlarge the time for compliance by 30 days, finding the delay to be inordinate and unfair.
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Alita Githire t/a Kings Restaurant v Techno Trade Pavillion Ltd [2005] KEHC 1526 (KLR)
✦ The application is disallowed with costs to the Respondent due to the unclear prayer.
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Republic v Julius Suvi Ndambu [2005] KEHC 1069 (KLR)
✦ The court convicts the accused of murder.
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Ronnie Rogers Malumbe v Erasto Muga [2005] KEHC 1524 (KLR)
✦ The learned Magistrate was correct in her decision that no binding agreement had been reached on the question of special damages, and the exception to the admissibility of without prejudice communications did not apply.
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John Mwenda Mbaabu v Arcade Stationers Ltd & another [2005] KEHC 1683 (KLR)
✦ The appeal is dismissed with costs to the Respondents
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Republic v Erick Mugo Mugo Mwaniki & another [2005] KEHC 1712 (KLR)
✦ The court finds the accused not guilty and acquits them of the offence charged.
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Republic v Erick Mugo Mugo Mwaniki & another [2005] KEHC 1587 (KLR)
✦ The court finds each of the accused not guilty and acquits them of the offence charged.
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Eli John Njogu Wainaina & others v Wandia Wainaina & 3 others [2005] KEHC 1402 (KLR)
✦ The plaintiff's suit is dismissed with costs to the defendants.
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LORNAH JEBIWOTT KIPLAGAT V RHODA MASIT & 5 OTHERS [2005] KEHC 533 (KLR)
✦ The court upheld the original trial's decision and did not substitute or add any other person as a plaintiff.
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Ole Unua Ole Konkei & others v Sukei Ole Nkoyiei & 3 others [2005] KEHC 1357 (KLR)
✦ The plaintiffs should have filed individual verifying affidavits or signed and filed the appropriate authority empowering the first plaintiff to act on their behalf. The suit should not be struck out as long as it can be injected with life by amendment.
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Provincial Insurance Co Ltd v Diners Club Africa Ltd & another [2005] KEHC 1685 (KLR)
✦ The appeal is allowed with costs, the lower court's Judgment is set aside, and the Appellant is given unconditional leave to defend.
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CHARLES AGINA V SHIPMARCH LTD. & ANOTHER [2005] KEHC 3091 (KLR)
✦ The court finds that the plaintiff was not entitled to the sums claimed in his plaint and that the 1st defendant was entitled to terminate the plaintiff's employment. The court orders judgment for the plaintiff limited to the 2 total salaries of November and December 2002 ($3218) with costs up to 5%.