Kenyan case law
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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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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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ALI MWINYI HAMISI V MIKE MAINA & 2 0THERS [2012] KEHC 935 (KLR)
✦ The application to strike out the Plaintiffs suit against the 2nd and 3rd Defendants is dismissed with costs.
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BENJAMIN KIPKOSGEI RONO & 2 OTHERS V CHAIRMAN SIGOR LAND TRIBUNAL 2 OTHERS [2012] KEHC 878 (KLR)
✦ The Land Disputes Tribunal lacked jurisdiction to adjudicate upon the claim as the land was registered under the Registered Land Act. The decision of the Tribunal is null and void.
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MOUNT KENYA BOTTLERS LIMITED & 3 OTHERS V ATTORNEY GEENRAL & 3 OTHERS [2012] KEHC 1152 (KLR)
✦ The court finds that the matter is properly before the court and that the Respondents were within the law in demanding tax on returnable bottles and crates.
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MUTUA MBUVI V REPUBLIC (Revision Case 470 of 2012) [2012] KEHC 1330 (KLR) (26 October 2012)
✦ The court sets aside the sentence of 3 months' probation and orders the accused to be heard on the issue on 2nd November 2012.
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LOCHUCH NCHACHA & ANOTHER V REPUBLIC [2012] KEHC 1188 (KLR)
✦ The conviction is quashed and the appellants are set free
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ELIAS MAINA MUTHUMBI V MAHIIRA HOUSING COMPANYLTD [2012] KEHC 1044 (KLR)
✦ Granting an injunction to prevent the defendant from doing anything adverse to the plaintiff's interest in plot No. 796 on L.R. 10901/37 until the suit is heard and determined.
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KIERAN HOLDINGS LIMITED v ATTORNEY GENERAL & 2 OTHERS [2012] KEHC 5522 (KLR)
✦ The court restrains the respondents from interfering with the petitioner's property for the Jogoo Road Rehabilitation Project
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ROBBY MWITI MAINA & ANOTHER V KENYA NATIONAL UNION OF TEACHERS & ANOTHER [2012] KEHC 1454 (KLR)
✦ The elections held on 13.3.2011 are declared unprocedural, irregular, and null and void.
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NATIONAL BANK OF KENYA LIMITED V OBADIAH MAIRA MUNEMA [2012] KEHC 1395 (KLR)
✦ The Plaintiff has proved its claim against the Defendant and is awarded Ksh 1,032,051.60, interest at court rates, and costs.
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IN THE MATTER OF THE ESTATE OF WAITHIRA MAINA (DECEASED) [2012] KEHC 1485 (KLR)
✦ The Amended Chamber Summons for the Revocation of Grant is allowed in terms of paragraph (b) & (c) thereof. The Applicants will have the costs of this application.
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INTERNATIONAL CENTRE FOR POLICY AND CONFLICT V ATTORNEY GENERAL & ANOTHER [2012] KEHC 1488 (KLR)
✦ The petition is dismissed with no order as to costs.
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NEPATAO OLE MANANGOI & 5 OTHERS V ATTORNEY-GENERAL & 10 OTHERS [2012] KEHC 1493 (KLR)
✦ The court dismissed the appeal and upheld the previous order.
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REPUBLIC V NDORO MBEGA & ANOTHER [2012] KEHC 1558 (KLR)
✦ The court denied the bail application due to the death threats to the key witness.
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CHRISTINE NYARUAI MURIUKI & ANOTHER V HUTCHINGSONS WANJUKI KIMAMO & ANOTHER [2012] KEHC 696 (KLR)
✦ The court ordered the plaintiffs to account to the 1st defendant within 30 days for the full sum of Kshs.4,059,000/- being the rent collection from October 2008 up to and including the month of February 2012.
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KOBIAN (KENYA) LIMITED V ATTORNEY GENERAL [2012] KEHC 1490 (KLR)
✦ The Court declares Gazette Notice No. 9230 dated 29th July 2011 and Gazette Notice No. 3231 in so far as it relates to LR No. 209/11801/1 (IR No. 71150/1) null and void.
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JACOB SALERI V VINCENT MONDA [2012] KEHC 1433 (KLR)
✦ The court dismissed the application with costs, finding that the plaintiff failed to surmount the hurdles in Giella vs Cassman Brown & Co. Ltd.
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CHRISTOPHER JUMA V PREMIER FOOD INDUSTRIES LIMITED [2012] KEHC 1456 (KLR)
✦ The termination was lawful and the claimant was not awarded any remedies.
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KENYA COMMERCIAL BANK LIMITED V DAVID KAROBIA KIIRU [2012] KEHC 1279 (KLR)
✦ leave granted to appeal
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REPUBLIC V RIFT VALLEY PROVINCIAL LAND DISPUTES APPEALS TRIBUNAL & ANOTHER [2012] KEHC 1010 (KLR)
✦ The Bahati Land Disputes Tribunal and the Provincial Land Disputes Appeals Committee had no jurisdiction to determine the matter concerning the Agreement for Sale of Land. The court quashed the decision of the Appeals Committee and the Bahati Land Disputes Tribunal, and ordered the ex parte Applicant to have the costs of the Application.
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FANUEL OOKO RARINGO V GUYO SARR HUKA & 2 OTHERS [2012] KEHC 1182 (KLR)
✦ The Plaintiff's suit will not be dismissed for want of prosecution, but will be set down for hearing within 120 days. The costs of the Application will be granted to the 1st Defendant.
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MARY NGECHI NG’ETHE V ATTORNEY GENERAL & ANOTHER [2012] KEHC 1491 (KLR)
✦ Decline to grant interim stay of criminal proceedings, find no basis to review earlier orders
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EDWARD STEVEN MWITI V PETER IRUNGU & 2 OTHERS [2012] KEHC 1542 (KLR)
✦ The plaintiff's chamber summons dated 14th March 2011 lacks merit and is hereby dismissed.
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DISHON MUCHENE MWANGI v HAFUSWA BAKARI (Civil Suit 28 of 2011) [2012] KEHC 1331 (KLR) (25 October 2012)
✦ The court dismissed the plaintiff's suit with costs, finding the sale agreement void due to the lack of consent from the appropriate land control board within six months.