Kenyan case law
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D.M.M. V REPUBLIC [2012] KEHC 1151 (KLR)
✦ The appeal is dismissed. The conviction is confirmed and the sentence is substituted to life imprisonment.
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REPUBLIC v MUSYOKI MUSEMBI MALUKU [2012] KEHC 1335 (KLR)
✦ The accused has a case to answer and is reminded of his statutory rights.
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MARY MUKULU KITUKU V REPUBLIC [2012] KEHC 423 (KLR)
✦ The court denies the revision as the grounds are not within the jurisdiction of the revision court and the sentence is deemed correct.
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PLISTER OBARA OKUMU v KENYA ELECTRICITY TRANSMISION CO LTD [2012] KEHC 1284 (KLR)
✦ The court orders the defendant to pay Kshs. 1,800,000 to the plaintiff within 14 days and to undertake a separate valuation report within 30 days.
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SAID ADAM KAZUNGU V KIBOKONI PROPERTIES LIMITED [2012] KEHC 685 (KLR)
✦ The court directed that an entry on the subject title, registered in favor of the plaintiff, be made.
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JOSEPH KIMARI & 2 OTHERS V ATTORNEY GENERAL & 2 OTHERS [2012] KEHC 1285 (KLR)
✦ The petition is dismissed with costs to the respondents as it is res judicata and an abuse of process.
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MOHAMED AHMED NOOR & 3 OTHERS V BORA DEVELOPERS LIMITED & 2 OTHERS [2012] KEHC 1495 (KLR)
✦ A temporary injunction is granted to restrain the defendants from interfering with the plaintiffs' businesses and premises, and to facilitate the connection of water and electricity. The plaintiffs are required to file an undertaking as to damages.
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SATNAM SINGH BAHRA V JOSEPH MUNGAI GIKONYO T/A GARAM INVESTMENTS & ANOTHER [2012] KEHC 1448 (KLR)
✦ The reference is allowed with respect to items 1 and 2 of the plaintiff's bill of costs, and the bills are remitted for taxation by a Deputy Registrar other than Mr. Ndungu.
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NDOHO MARKET STALLS LTD V MAUREEN MARIGA [2012] KEHC 1245 (KLR)
✦ The court ordered the landlord to restrain from removing the respondent/applicant's movable properties from the rented premises and to pay Shs. 11,651/= to the landlord. The court also ordered the respondent/applicant to pay the service charge bills without fail, and to pay the landlord the balance of Shs. 31,200/50 after deducting Shs. 11,651/=. The court held that the respondent/applicant should pay regularly the service charge levied against her.
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KHETIA DRAPPERS LTD V PETER WAINAINA NJOROGE (Civil Appeal 7 of 2009) [2012] KEHC 675 (KLR) (30 October 2012)
✦ The judgment of the trial court is set aside, and the respondent's case is dismissed with costs.
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ALHAJI MOHAMMED OMAR MASUMBUKO & ANOTHER V SAM AOLA OOKO & 3 OTHERS [2012] KEHC 1050 (KLR)
✦ The application to dismiss the suit for want of prosecution is dismissed. The parties are ordered to file witness statements, bundles of paginated documents, and issues ready for trial within 30 days.
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NDII MWAKIRIE V REPUBLIC [2012] KEHC 671 (KLR)
✦ The court dismisses the application as there is no good reason for the delay and the applicant has not explained the delay.
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ISAAC NDARWA KIARIE V HARRISON WAFULA KHAMALA & ANOTHER [2012] KEHC 659 (KLR)
✦ The application is dismissed with costs to the plaintiff as there was no clerical or arithmetical mistake in the computation of special damages.
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KAPELO AMANDUM V REPUBLIC [2012] KEHC 1006 (KLR)
✦ The appellant's conviction on both counts is quashed and the sentence set aside.
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M’Mauta v Murungi & Others (Civil Case 71 of 2010) [2012] KEHC 1202 (KLR) (30 October 2012)
✦ The court upheld the preliminary objection and stayed the proceedings until further orders.
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JEANNE W. GACHECHE & 6 others v THE JUDGES AND MAGISTRATE’S VETTING BOARD & 2 others [2012] KEHC 5467 (KLR)
✦ The High Court's general jurisdiction is not subject to limitation and the conservatory orders should remain in force.
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IN THE MATTER OF THE ESTATE OFANDREW SHISALA MUHANJI(DECEASED) [2012] KEHC 200 (KLR)
✦ The six survivors should share the land parcel equally, with 20% of the pension going to the beneficiary Florence Alusa and the balance shared out equally among the beneficiaries.
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REPUBLIC V CHAIRMAN MATUNGU LAND DISPUTES TRIBUNAL EXPARTE ELECTINA WANG’ONA [2012] KEHC 5539 (KLR)
✦ The court quashed the decision of the Matungu Land Disputes Tribunal and the adoption order, finding that the application for leave to quash was incorrectly instituted.
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MOSES WAMALWA MUKAMARI V JOHN O. MAKALI & 3 OTHERS [2012] KEHC 5540 (KLR)
✦ The court is of the considered opinion that a judicial officer cannot be sued in a personal capacity on an act or omission in the lawful performance of a judicial function.
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PAUL GERRIT JASPERS & Another v DALMAS ODHENGO & 2 Others [2012] KEHC 1550 (KLR)
✦ The court grants the 1st defendant the benefit of doubt and orders him to proceed within the next seven days to collect his personal goods and items. The plaintiffs should include any expenditure or monetary claim or costs they may have incurred against the defendant in their claim.
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JAMES KANYIITA NDERITU V ATTORNEY GENERAL & ANOTHER [2012] KEHC 1420 (KLR)
✦ The matter is adjourned on condition that the Attorney General files and serves a replying affidavit within 14 days, the petitioner responds within 14 days, and the respondents file written submissions within 7 days of service of the supplementary affidavit. The petitioner is also granted liberty to file supplementary submissions if necessary. The Office of the Attorney General is ordered to pay Kshs.150,000/= in costs to the petitioner before the hearing date.
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REPUBLIC V ROBERT KIPKOSGEI KOIMA & ANOTHER [2012] KEHC 1183 (KLR)
✦ The court granted permission to discontinue the prosecution of the accused and acquitted him of the charge of murder.
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MILDRED BARASA V SYLVIA MACHINI & 2 OTHERS [2012] KEHC 1496 (KLR)
✦ The application is dismissed with costs to the defendants.
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Christopher Ndarathi Murungaru v Standard Limited & 2 others [2012] KEHC 5967 (KLR)
✦ The High Court has jurisdiction to entertain a suit for defamation
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CANNON INSURANCE LIMITED V PATRICK N NDIANGUI [2012] KEHC 1470 (KLR)
✦ Application to set aside the dismissal and consequential orders is incompetent and is dismissed with costs to the Respondent