Kenyan case law
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In re Gladys Njeri Nduati (Debtor) [2010] KEHC 1374 (KLR)
✦ The debtor is not satisfied that she was candid in her examination and is not adjudged bankrupt.
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EPHRAIM MAINA RWINGO & 2 Others v LALJI RALJI & 4 Others [2010] KEHC 622 (KLR)
✦ The court found that the defendants' construction was not illegal and that the plaintiffs did not have a prima facie case.
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ALI MOHAMED MWINZANGU v DAVID KARISA TSUI & 2 others [2010] KEHC 612 (KLR)
✦ The court granted the application for a stay of execution pending the hearing and determination of the appeal.
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PATRICK KARIUKI MUIRURI v BARCLAYS BANK OF KENYA LIMITED & another [2010] KEHC 4165 (KLR)
✦ The court declines to strike out the suit as it is not a completely hopeless case and will go to full hearing.
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In Re The Matter of Zipporah Wambui Mathara (Bankruptcy Cause 19 of 2010) [2010] KEHC 4136 (KLR) (24 September 2010) (Ruling)
✦ The court grants the application for an order of stay of execution pending the determination of the bankruptcy petition.
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In Re Estate of PETER NDUNG’U (DECAESED) [2010] KEHC 1191 (KLR)
✦ A fresh grant in the joint names of Lucy Wambui Muturi, Elizabeth Muthoni Ndung’u, and John Muturi is issued. The former administrators are directed to provide a full account of all transactions regarding the estate property.
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CHARLES JOSEPH OYUCHO v REPUBLIC [2010] KEHC 1574 (KLR)
✦ The court quashes the conviction of the alternative charge of handling stolen property and sets aside the sentence of seven years. The court instead convicts the appellant of bar breaking and committing a felony, contrary to section 306(b) of the Penal Code, and imposes a five-year prison sentence.
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MARKS KARIUKI KARATU v REPUBLIC [2010] KEHC 1529 (KLR)
✦ The conviction and sentence are upheld.
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NELSON KAZUNGU CHAI & 8 others v PWANI UNIVERSITY COLLEGE [2010] KEHC 1505 (KLR)
✦ The application is merited and is allowed as prayed. The Plaintiffs must not commit acts alienating the property such as sub-dividing, transferring, leasing or selling the suit property until the same is heard and determined.
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PIUS OLOO OKELO v NATIONAL BANK OF KENYA LTD [2010] KEHC 1514 (KLR)
✦ The defendant's defense is struck out as frivolous, vexatious, and an abuse of the court process.
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MARKS KARIUKI KARATU v REPUBLIC [2010] KEHC 1523 (KLR)
✦ The conviction and sentence are quashed due to the violation of the appellant's constitutional rights and the excessive detention.
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PIUS OLOO OKELO vs NATIONAL BANK OF KENYA [2010] KEHC 1583 (KLR)
✦ The defendant's application is dismissed with costs as the issues raised are triable and not scandalous, frivolous, vexatious, or abusive.
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In Re the Estate of Daudi Owuor Awuor (Deceased) [2010] KEHC 22 (KLR)
✦ The application is dismissed as the applicant failed to controvert the respondent's depositions and did not demonstrate a superior claim of inheritance.
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DAVID BUNDI MARARO vs REPUBLIC [2010] KEHC 1561 (KLR)
✦ The conviction for rape is set aside, and the appellant is convicted of attempted rape instead. The sentence is reduced from 15 years to 10 years.
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DOMINIC AYUKA & another v FIDELITY COMMERCIAL BANK LIMITED [2010] KEHC 1189 (KLR)
✦ The application is granted.
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MICHAEL WAMBUA v REPUBLIC [2010] KEHC 1504 (KLR)
✦ The identification of the appellant was not positive and the conviction is unsafe. The appeal is allowed, the conviction and sentence are quashed, and the appellant is ordered to be released.
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MOHAMMED HASSAN v REPBLIC [2010] KEHC 1560 (KLR)
✦ The conviction is quashed and the sentence is set aside. The fine is refunded to the appellant, and the impounded sugar is returned to him.
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JOSEPH WAMBUA MASOO & another v REPUBLIC [2010] KEHC 1549 (KLR)
✦ The conviction and sentence of the 2nd appellant are quashed, and he is set free. The 1st appellant's conviction and sentence are upheld.
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JOYCE WANJIKU MADSEN & another v DR. DANIEL KAIRU KIARAHO & 3 others [2010] KEHC 1283 (KLR)
✦ The amended plaint is detailed and the court finds the defences filed by the defendants to be scandalous, frivolous, or vexatious and may prejudice, embarrass, or delay the fair trial of the suit.
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DANIEL N. KIMANZI & 4 others v STEPHEN MBUGUA & 2 others [2010] KEHC 1152 (KLR)
✦ The application was granted, and interim injunctions were issued restraining the defendants from conducting elections scheduled for 15/5/2010.
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MARGARET NYAKABI KAHIHU & another v SAMUEL MUKUHA NJUKI [2010] KEHC 1323 (KLR)
✦ The consent judgment entered without the defendant's knowledge and authority cannot be set aside.
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KENNEDY PETER MENGO v REPUBLIC [2010] KEHC 1498 (KLR)
✦ The conviction is unsafe and the appeal is allowed. The sentences on the 4th and 12th counts are quashed. The appellant is set at liberty.
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DANIEL MUNIU GIKUNI v REPUBLIC [2010] KEHC 1434 (KLR)
✦ The conviction is upheld and the appeal is dismissed
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BENJAMIN MBITHI KAVEVA & another v REPUBLIC [2010] KEHC 1502 (KLR)
✦ The conviction is unsafe due to the lack of positive identification and the appeal is allowed, conviction and sentence of death quashed
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ABDUL LONGOLAN EWOI v REPUBLIC [2010] KEHC 1676 (KLR)
✦ The accused is guilty of murder and is sentenced to death.