Kenyan case law
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Lucy Ndichu Mwaura v Standard Chartered Bank Kenya Ltd [2005] KEHC 1457 (KLR)
✦ Interlocutory injunction granted to the widow, Lucy Ndichu Mwaura, to prevent the sale of the property, with the condition that she pays Shs.211,087 to the defendant within 21 days.
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Mary Ndunge Wambua v Fedelis Wambua Musembi [2005] KEHC 1227 (KLR)
✦ The applicant is not in contempt of court orders and the application is not before the correct court. The applicant's application is struck out but with no order as to costs.
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Kangogo Kibett v James Changwony Kangogo [2005] KEHC 883 (KLR)
✦ Order of stay of execution granted
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In Re CC (An Infant) (Adoption Cause 8 of 2005) [2005] KEHC 1091 (KLR) (8 September 2005) (Judgment)
✦ The court declines to grant the adoption order as the applicants have not complied with the mandatory pre-requisite of Section 157(1) of the Children Act, 2001.
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Leisure Lodges Limited v Lalit D Kotak [2005] KEHC 1443 (KLR)
✦ The court granted the applicant's leave to bring in the new application, finding that the court has the discretion to rectify procedural defects
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Kelvin Mwangi v Republic [2005] KEHC 52 (KLR)
✦ The sentence imposed by the trial court is neither illegal nor harsh, and there are no compelling grounds for interference.
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Justus Karisa Kalume v Republic [2005] KEHC 51 (KLR)
✦ The appeal is dismissed. The trial court's finding of guilt and sentence are upheld.
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Kelvin Mwangi v Republic [2005] KEHC 1365 (KLR)
✦ The court finds the sentence neither illegal nor harsh and dismisses the appeal.
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Justus Karisa Kalume v Republic [2005] KEHC 1368 (KLR)
✦ The appeal is dismissed. The conviction and sentence are upheld.
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JOSEPH KILANA ANDAVUKA v REPUBLIC [2005] KEHC 53 (KLR)
✦ The trial was nullified due to the participation of an unqualified officer, and the conviction and sentence are quashed.
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Ramadhan Ali v Republic [2005] KEHC 1530 (KLR)
✦ The appeal is dismissed in its entirety.
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JOSEPH KILANA ANDAVUKA v REPUBLIC [2005] KEHC 23 (KLR)
✦ The trial before the lower court was nullified, and the conviction and sentence were quashed. The appellant was set free.
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Richard Mwangiri Ndoro v Republic [2005] KEHC 49 (KLR)
✦ The appeal is allowed, conviction quashed, and sentence set aside. The appellant shall be set free.
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Republic v John Muthoka Suri [2005] KEHC 1636 (KLR)
✦ The Nolle Prosequi is rejected, and the prosecution is ordered to proceed in normal way.
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Ann Nyambura Mugwe v Francis Mugwe Wanjohi [2005] KEHC 1473 (KLR)
✦ The defendant is found guilty of contempt of court and is sentenced to one month in prison with the possibility of further imprisonment if the court orders are not obeyed.
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In Re the Estate of Muraya Njui (Deceased) [2005] KEHC 1617 (KLR)
✦ The court sets aside the proceedings from November 20, 2001 to July 8, 2005 and orders the parties to take appropriate action to regularize the position.
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Joseph Kilana Andavuka v Republic [2005] KEHC 1361 (KLR)
✦ The trial was nullified, conviction quashed, and sentence set aside. The appellant was set free unless otherwise lawfully detained.
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Ali K Ahmed t/a Sky Club Restaurant v Kabundu Holdings Ltd [2005] KEHC 889 (KLR)
✦ The Appellant's preliminary objection was overruled as the Appellant had not provided evidence that the Articles of Association required directors to hold shares in the company.
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Richard Mwangiri Ndoro v Republic [2005] KEHC 1367 (KLR)
✦ The appeal is allowed, conviction quashed, and sentence set aside. The appellant is set free.
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PASSAGLIA GIUSEPPE v ATTORNEY GENERAL & 7 OTHERS [2005] KEHC 352 (KLR)
✦ The plaintiff has failed to bring himself within Section 75 of the Constitution and his remedy remains as outlined in the plaintiff's suit. Consequently, the Notice of Motion is dismissed with costs.
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Boniface Musango Kisamwa v Blanket Industries Ltd [2005] KEHC 1563 (KLR)
✦ The court awards the plaintiff Sh. 282,100/= for pain, suffering, and loss of amenities, and costs and interest at the lower court rates.
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Samuel Onyango Okello & 2 others v Citi Bank N. A. [2005] KEHC 724 (KLR)
✦ The court grants the injunction sought by the first plaintiff, maintaining the status quo until the case is heard and determined.
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David Toroitich & 5 others v County Council of Koibatek & another [2005] KEHC 1356 (KLR)
✦ The plaintiffs' suit is unsustainable and the originating summons is dismissed with costs to the first defendant.
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JOHN CHARO V CHRISTOPHER NJAO [2005] KEHC 523 (KLR)
✦ The plaintiff was found not to be an employee of the defendant but an independent contractor who used his own implements. The plaintiff was therefore the author of his own misfortune in using his own old and weak rope which got cut causing him to fall back into the pit. The claim is dismissed with costs.
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Kombo Juma Mzee & 13 others v Minister for Local Government & another [2005] KEHC 1813 (KLR)
✦ The court grants leave to apply for judicial review orders of certiorari and prohibition, and directs that the leave granted shall operate as a stay to stay the elections of the chairmen of the various committees of the Municipal Council of Mombasa until the notice of motion to be filed pursuant to the leave granted herein is filed, heard and determined.