Kenyan case law
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PAUL GITAHI NGUTHIRU v REPUBLIC [2008] KEHC 1545 (KLR)
✦ The conviction is quashed and the sentence is set aside. The appellant is ordered to be set free unless otherwise lawfully held.
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KENYA TEA DEV. AUTHORITY v JOSEPH OGUTU MBOYA T/A OGUTU MBOYA ADUO & another [2008] KEHC 1089 (KLR)
✦ The suit is statute barred under Section 4 of the Limitation of Actions Act and the plaintiff's claims are frivolous and vexatious.
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JOSEPH GUANDARU NDONGA v REPUBLIC [2008] KEHC 1543 (KLR)
✦ The appeal is allowed, conviction and sentence are quashed, and the appellant is ordered to be retried
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C M O v J I O [2008] KEHC 1460 (KLR)
✦ Order of judicial separation granted
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David Simiyu Wakhungu v Republic [2008] KEHC 4024 (KLR)
✦ The applicant is admitted to bail pending the hearing and determination of his appeal
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REPUBLIC v CHARLES NDIRANGU MUTHEE [2008] KEHC 1555 (KLR)
✦ The proceedings are null and void due to the violation of the accused's fundamental rights and the prosecution's unsatisfactory explanation of the delay.
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OSMAN IBRAHIM v REPUBLIC [2008] KEHC 1551 (KLR)
✦ The appeal is dismissed. The sentence of five years' imprisonment is upheld.
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DEVKI STEEL MILLS LIMITED v STEPHEN NGUI MUSYOKI [2008] KEHC 1502 (KLR)
✦ The appeal is allowed, the judgment of the trial magistrate is set aside, and the respondent's suit is dismissed. The award of general damages is reduced to Kshs.100,000/=
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AGGREY ODANGA v JOSHUA SIAMBE [2008] KEHC 1558 (KLR)
✦ The court dismissed the defendant's applications for stay of execution of the decree, setting aside the ex parte judgment, and transferring the case to the Chief Magistrate's Court.
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IN THE MATTER OF ORDER LIII OF THE CIVIL PROCEDURE RULE &IN THE MATTER OF MINISTER’S APPEAL CASE NO. 256 OF 2007 BTWN NJUE KIRIRU V PETERSON NJERU & IN THE MATTER OF THE REPUBLIC V THE MINISTER FOR LANDS [2008] KEHC 68 (KLR)
✦ The application is dismissed with costs to the 2nd Respondent, Peter Nyeru
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NJUE KIRIRU v PETERSON NJERU [2008] KEHC 892 (KLR)
✦ The application is dismissed with costs to the respondent, PETERSON NJERU.
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ROY TRANSPORTERS LIMITED v KENYA TEA DEVELOPMENT AUTHORITY [2008] KEHC 1479 (KLR)
✦ An order for a temporary stay of execution is granted for a period of 60 days
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REPUBLIC v CHONGOGWE MUGUNYA MENZA & another [2008] KEHC 1098 (KLR)
✦ The preliminary objection is dismissed
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REPUBLIC v KAZUNGU MWALIMU CHENGO & another [2008] KEHC 1117 (KLR)
✦ The court finds the prosecution did not establish a prima facie case and dismisses the charge of murder against both accused persons. The accused persons are acquitted.
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REPUBLIC v BEN HADAD KIMANI [2008] KEHC 3800 (KLR)
✦ The accused is convicted of murder on both counts and sentenced to death on count 1 with a suspended execution pending appeal.
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JOHN MAINA KARIUKI v REPUBLIC [2008] KEHC 1512 (KLR)
✦ The trial is declared a nullity and the conviction and sentence are set aside.
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AWM v JMN [2008] KEHC 1114 (KLR)
✦ The marriage has irretrievably broken down due to cruelty and desertion, and the Respondent's cross petition is granted.
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ANNA CHIBOLE ASWANI v STANLEY OUTA OKONYOLO ( In Re the Estate of Saulo Okonyolo okutoyi (Deceased)) [2008] KEHC 1514 (KLR)
✦ The grants in both Succession Cause No. 6 of 1997 and in Succession Cause No. 84 of 1999 are revoked
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LEVI BUDINGA JOTHAM v MUSA LWIGADO [2008] KEHC 1563 (KLR)
✦ The Appeals Committee and the Vihiga Land Disputes Tribunal had no jurisdiction to determine the issue of ownership, which is pegged to contractual issues. The appeal is allowed. The decision of the Provincial Appeals Committee and the Vihiga Land Disputes Tribunal is set aside.
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Peter Odhiambo Onyuongo v Republic [2008] KEHC 3985 (KLR)
✦ The court found the appellant guilty of defilement and indecent assault.
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KEATS NJUGUNA MUCHIRI v MASH EXPRESS LTD [2008] KEHC 1290 (KLR)
✦ The doctrine of res ipsa loquitor is applicable, and the Plaintiff is awarded Kshs.1,740,000 for loss of dependency. No damages are awarded for pain and suffering. The Plaintiff is awarded Kshs.100,000 for special damages.
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MILLICENT NJERI MBUGUA v ALICE WAMBUI WAINAINA [2008] KEHC 1518 (KLR)
✦ The appeal is allowed, and the order of the learned Senior Principal Magistrate dated 10th April, 2002 is set aside. The grant of letters of administration is confirmed to the respondent, and the appellant's protest is allowed with costs to the respondent. Stanley Maringa Gathogo and Julius Ngugi Ngaruiya are not entitled to a share of the estate as their purchase of the portion of the suit premises was illegal.
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JOSEPH AMAI ETYANG v REPUBLIC [2008] KEHC 79 (KLR)
✦ The application for bail pending appeal is dismissed as the applicant has not demonstrated overwhelming chances of success in his appeal and the fact that he is undergoing treatment for Tuberculosis, by itself, does not justify grant of bail pending appeal.
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CROSSLEY HOLDINGS LTD v NAGENDRA SAXENA & 3 others [2008] KEHC 1346 (KLR)
✦ The application to transfer the suit from Nairobi to Kisumu is dismissed
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JAMES KARURI NDEGWA & another v NDEGWA MBITI & another [2008] KEHC 1620 (KLR)
✦ The application is dismissed with costs