Kenyan case law
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BARNABAS OTUNDU BALE v REPUBLIC [2009] KEHC 1529 (KLR)
✦ The appellant was correctly identified as the attacker and the prosecution proved his guilt beyond reasonable doubt. The appellant's sentence is reduced from two years to seven months.
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KINUTHIA MUCHINA & another v REPUBLIC [2009] KEHC 353 (KLR)
✦ The court found the evidence insufficient to prove the appellants' guilt and quashed their convictions, ordering their immediate release.
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GABRIEL MUNANGA IMALI v REPUBLIC [2009] KEHC 1530 (KLR)
✦ The appeal is dismissed. The appellant is sentenced to five (5) years imprisonment.
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PETER MUTHUI MUTIA & another v REPUBLIC [2009] KEHC 367 (KLR)
✦ We allow the appeal, quash the conviction of the appellants and set aside the sentence imposed by the trial court and order the two appellants be released forthwith unless lawfully held.
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ISAAC NJIRU v KAGAARI SOUTH FARMERS CO-OPERATIVE LIMITED [2009] KEHC 1220 (KLR)
✦ The court issued an order of stay of execution pending appeal with certain conditions.
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RUTH WAITHIRA NGECHU & ANOTHER v JOHN MUCHIRI GITONGA & 2 OTHERS [2009] KEHC 1595 (KLR)
✦ The application is dismissed with costs, as it would be against public policy to grant an injunction at this interlocutory stage.
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MARY MUTHONI NDUNGU v KENYATTA NATIONAL HOSPITAL STAFF SUPERRANNUATION SCHEME & ANOTHER [2009] KEHC 1216 (KLR)
✦ The court grants a temporary order of injunction restraining the respondent by themselves, their servants, employees or agents from interfering with the applicant’s quiet possession of the suit premises or evicting her from the suit premises within the next 30 days with effect from today.
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MICHAEL MUNGAI v HOUSING FINANCE CO. OF KENYA LTD. & 3 OTHERS [2009] KEHC 1605 (KLR)
✦ The court ordered the first defendant to release the Kshs.944,000 deposit and directed the Land Registrar to release the lease certificate of the suit property to the plaintiff.
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BENEDICT MUTIA MWOVA v IN THE MATTER OF BANKRUPTCY ACT [2009] KEHC 1607 (KLR)
✦ The application is dismissed with costs to the Official Receiver
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BARNABAS OTUNDU BALE v REPUBLIC [2009] KEHC 385 (KLR)
✦ The appellant's conviction for assault is upheld, and the sentence is reduced from two years to seven months.
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MARK AKHONYA v GOPALBHAL KARASAN PATEL (Civil Case 52 of 1999) [2009] KEHC 1504 (KLR) (21 October 2009) (Ruling)
✦ The court upholds the Preliminary Objection on ground one, finding the applicant has no locus standi.
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REUBEN SAKASA MUNYASA v REPUBLIC [2009] KEHC 1161 (KLR)
✦ The Petitioner's rights to be arraigned in court within 14 days after arrest as enshrined in Section 72 (3) of the Constitution were violated. However, that infringement would not lead to the setting the Petitioner free. The Petitioner will be accorded a fair trial as provided by Section 77 of the Constitution which trial should not be held to be unfair due to the detention of the Petitioner for more than 14 days. The criminal case facing the Petitioner shall proceed for hearing and the Petitioner is at liberty to claim compensation from the Attorney General on behalf of the Police who infringed the Petitioner’s rights.
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JOEL KIPROTICH KIMULWA v REPUBLIC [2009] KEHC 1382 (KLR)
✦ The arrest is not justified as the applicant denies committing any offence. The court orders the applicant to be released on police bond if charged.
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REPUBLIC v PHILIP SHIVAJI JOHN [2009] KEHC 276 (KLR)
✦ The accused is found not guilty of murder and is set at liberty.
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DAJOHN ENTERPRISES LIMITED v SCHOOL EQUIPMENT PRODUCTION UNIT LTD. [2009] KEHC 1586 (KLR)
✦ The application is granted, the interlocutory judgment is set aside, and the warrants of sale are stayed pending the hearing and determination of the application.
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MARGARET NANDAKO WAFULA v JAMES SIMIYU WANYONYI & 4 others [2009] KEHC 1590 (KLR)
✦ The court allows the application and grants an injunction restraining the defendants from selling the property.
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SARAH JEMUGE TOROITICH v BOARD OF TRUSTEES TELEPOSTA PENSION SCHEME & POSTAL CORPORATION OF KENYA (Civil Suit 594 of 2008) [2009] KEHC 1151 (KLR) (19 October 2009) (Ruling)
✦ The application is dismissed with costs.
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In Re the Matter of the Estate of Kibanga Arap Maina (Deceased) [2009] KEHC 1501 (KLR)
✦ The application is granted in terms of prayer 1 and 2 of the Ex-parte Chamber Summons dated 23rd April, 2009.
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KENYA ELECTRICITY GENERATING CO. LTD. t/a KENGEN & ANOTHER v KINGSWAY MOTORS (K) LTD & ANOTHER [2009] KEHC 1599 (KLR)
✦ The application is dismissed with costs.
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ABDUL RAZAK KHALFAN & another v RESIDENTS TRAVEL DEN LTD & 3 others [2009] KEHC 1690 (KLR)
✦ The application to amend the reply to the amended defense is allowed
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In Re The Estate of Obby Mwangi Njuguna (Deceased) [2009] KEHC 706 (KLR)
✦ The application for rectification of the Grant of Letters of Administration is allowed.
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In Re The Estate of Erick Kihimah (Deceased) [2009] KEHC 707 (KLR)
✦ The application is allowed in terms of paragraphs 1, 2 and 3 of the Summons for Rectification of Grant dated 22nd July, 2009.
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MZEE KIBARISHO v SAYIANGE OKESETEK & 2 OTHERS [2009] KEHC 783 (KLR)
✦ The court declared the plaintiff/applicant as the sole and exclusive owner of the land and granted a permanent injunction against the respondents.
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NANDI COUNTY COUNCIL v FRANCIS KIPKETER MUREI [2009] KEHC 1453 (KLR)
✦ The appeal is dismissed with costs to the respondent.
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PETER KARANJA MWANGI v JOSEPH KAMANDE & ANOTHER [2009] KEHC 1637 (KLR)
✦ The suit and the motion are incompetently before the court for want of Letters of Administration on the part of the Plaintiff.