Kenyan case law
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RAINBOW MANUFACTURERS LIMITED V NATIONAL BANK OF KENYA LIMITED [2012] KEHC 1524 (KLR)
✦ The court held that the requirements of Section 27 of the Limitation of Actions Act were fulfilled in relation to the cause of action.
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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.
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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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BERNARD MWANGI MBAI V MINISTER FOR ROADS & 3 OTHERS [2012] KEHC 1478 (KLR)
✦ The petitioner is declared the registered proprietor of the land, and the respondents are ordered to acquire the land under the Land Acquisition Act.
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KENNEDY WANJALA WAFULA V REPUBLIC [2012] KEHC 5542 (KLR)
✦ Application is disallowed as anticipatory bail is not catered for in the Criminal Procedure Code and the Applicant is not an Accused person
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SOLOMON KABORO WAWERU & 2 OTHERS v BENARD MWANGI WACHIRA & 2 OTHERS (Judicial Review 58 of 2011) [2012] KEHC 1355 (KLR) (25 October 2012)
✦ The Tribunal acted without jurisdiction in declaring a right to ownership and the award is quashed.
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KENYA UNION OF JOURNALISTS AND ALLIED WORKERS V BRITISH BROADCASTING CORPORATION MONITORING EAST AFRICA UNIT [2012] KEHC 1445 (KLR)
✦ The court directed the parties to provide for 21 days in the CBA for redundancy, granted Kshs.15,000/- for leave travelling allowance, maintained the mandatory retirement age of 55 years, left the wage schedule unchanged, and left wage increment to the freedom of the parties.
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KENNEDY MWITA & ANOTHER V BOARD OF TRUSTEES NSSF & 2 OTHERS [2012] KEHC 1475 (KLR)
✦ The court dismisses the application to join the applicants as defendants, finding that the plaintiffs' and applicants' claims are separate and that joining them would delay the proceedings.
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JOHN ONCHONGA MONARI V REPUBLIC [2012] KEHC 1154 (KLR)
✦ The court finds no merit in the appeal and dismisses it on both conviction and sentence.
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REPUBLIC V JOHN SANDEE SOWETO & 2 OTHERS [2012] KEHC 1049 (KLR)
✦ The application for bail pending trial is hereby allowed.
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KURIA MURIU & ANOTHER v MBIU NJOMO [2012] KEHC 1419 (KLR)
✦ The judgment of the trial magistrate appointing the appellants and the respondent as co-administrators is set aside. The first appellant should move to substitute the same with any suitable party, including the respondent who is their uncle.
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MUSEREKA SAMWEL CHACHA v REPUBLIC [2012] KEHC 1226 (KLR)
✦ The court found the evidence insufficient to support the charges against the appellant.
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Mwithimbu & another v M’Mwithiga (Civil Suit 108 of 2010) [2012] KEHC 1319 (KLR) (25 October 2012)
✦ The court finds that the registration was not obtained by fraud but through purchase, and the defendant has been in possession of the land since 1975, acquiring it for valuable consideration. The plaintiff's claim for re-transfer or compensation is therefore denied.
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REPUBLIC V HAMISI RAMAH WENDO [2012] KEHC 418 (KLR)
✦ The court directs the accused to give his defense to the charge.
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D. N.K. v J. H. K. [2012] KEHC 586 (KLR)
✦ The court orders that the Petitioner's evidence be adduced by affidavit evidence.
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REPUBLIC V SAMMY KIPROTICH KIRWA & 2 OTHERS [2012] KEHC 1234 (KLR)
✦ The court finds no reason to interfere or cancel the 3rd Accused's terms of bail
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SOUTH NYANZA SUGAR CO. LTD. v DAVID OTIENO ONGACHO [2012] KEHC 1156 (KLR)
✦ The appeal is dismissed with costs to the respondent
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REPUBLIC V TOWN CLERK CITY COUNCIL OF NAIROBI EX-PARTE MWANGANGI & COMPANY ADVOCATES [2012] KEHC 1380 (KLR)
✦ The application is allowed with costs to the ex-parte applicants.
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DAVID MBURU WAKAIMBA V CHIEF LAND REGISTRAR & 3 OTHERS (Environment & Land Case 617 of 2011) [2012] KEHC 1416 (KLR) (24 October 2012)
✦ The Court found that the Plaintiff has not established a prima facie case for a temporary injunction and decided the application on the balance of convenience. A mandatory injunction was granted for the Chief Land Registrar to produce the requested documents.
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AGRO CHEMICALS & FOOD COMPANY LTD V W. G. CHIHI & COMPANY LTD [2012] KEHC 1283 (KLR)
✦ The motor vehicle registration number KAX 744P will be sold within the next fourteen (14) days from the date herein vide public auction and the proceeds thereof will be paid first to satisfy the objectors mortgage and the balance thereof if any to satisfy the decree holder herein.
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LATIF NAZARARI & ANOTHER V COMMISSIONER OF LANDS & ANOTHER [2012] KEHC 1259 (KLR)
✦ The court finds that it has no jurisdiction to extend the time limited by statute to apply for leave to seek orders of certiorari. The applicants' application for leave to apply for orders of mandamus and prohibition is also dismissed.
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PETER MUYEKHO & 2 OTHERS V REPUBLIC [2012] KEHC 1438 (KLR)
✦ The conviction in count IV is quashed due to misjoinder. The convictions and sentences in counts I, II, and III are upheld.
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KENYA RAILWAYS CORPORATION V SAMWEL MUGWE GIOCHE [2012] KEHC 988 (KLR)
✦ The multiplier of 27 years is upheld, and the trial magistrate's decision on the multiplicand (basic salary) is not interfered with. The court awards Ksh. 2 million in total, with Ksh. 1.5 million invested for the minor and Ksh. 500,000 for the widower.
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MALINDI MANAGEMENT STRATEGY T/A MALINDI CASINO V STEFANO SHCIAPPACASE (Civil Appeal 20 of 2006) [2012] KEHC 1329 (KLR) (24 October 2012)
✦ The appeal is dismissed with costs, and no interest is payable on the decretal sum from the date of delivery of the cheque payment to date. The decretal sum will continue to earn interest from the date of this judgment until the date of full payment.