Kenyan case law
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CHRISTINE OYUKO & 2 Others v SAMSON ANGANGA OKENDO [2012] KEHC 1556 (KLR)
✦ The court finds that the plaintiffs have established a prima facie case against the defendant and allows the application for temporary injunction.
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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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ENGINEER MICHAEL OCHIENG V PERMANENT SECRETARY MINISTRY OF WATER AND IRRIGATION & ANOTHER [2012] KEHC 1523 (KLR)
✦ The application is disallowed with costs to the respondent. The applicant shall have ample time to defend themselves, and the respondent shall have the costs of the application.
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KISHAMBA “B†GROUP RANCH V HAMISI MWAKIO & 54 OTHERS [2012] KEHC 1058 (KLR)
✦ The Court finds that no prima facie case has been proved against the 7th and 16th Defendants.
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REPUBLIC V PERMANENT SECRETARY MINISTRY OF GENDER, CHILDREN’S AFFAIRS AND SOCIAL DEVELOPMENT & 2 OTHERS V EX-PARTE SAMUEL NGETI & 3 OTHERS (Miscellaneous Civil Application 261 of 2008) [2012] KEHC 1374 (KLR) (24 October 2012)
✦ The court quashed the decision by the 2nd Respondent to cancel the registration and ordered the reinstatement of the organization and prohibited the Respondents from deregistering the organization.
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KAKUZI LTD V PAUL KINUGI NGUGI [2012] KEHC 991 (KLR)
✦ Employer not liable for negligence; employee in control of cutlass; no negligence on employer's part
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KELVIN INGOTSI PIUS V REPUBLIC [2012] KEHC 1439 (KLR)
✦ The alternative count of handling stolen goods was proved beyond reasonable doubt. The conviction for robbery with violence is quashed, and the appellant is sentenced to two years imprisonment.
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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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SHAHBAZ KHAN V BYRAN THAIRU NDUTA [2012] KEHC 1307 (KLR)
✦ The court dismissed the plaintiff's application to enter judgment on admission in the defense and to strike out the defendant's defense.
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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.
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REPUBLIC V JOMO KENYATTA UNIVERSITY OF AGRICULTURE & TECHNOLOGY EX-PARTE KINGURU MAINA MARK [2012] KEHC 1379 (KLR)
✦ The applicant's application succeeds and the respondent's decision is quashed. The applicant is awarded his degree certificate and his transcripts are released.
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JAMES WANGALWA & ANOTHER V AGNES NALIAKA CHESETO [2012] KEHC 1094 (KLR)
✦ The stay of execution is granted, but it is dependent on the terms contained below.
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IN THE MATTER OF BABY E.M. (THE CHILD) [2012] KEHC 1375 (KLR)
✦ The court allows the application and orders the adoption of the child E.M. to be known as J.N.M. The applicants are authorized to adopt the child, and M.K. is appointed as the legal guardian. The Registrar General is instructed to enter the adoption in the adopted children register.
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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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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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RICHARD SIMON KUNGU V ATTORNEY GENERAL [2012] KEHC 1266 (KLR)
✦ The court dismissed the plaintiff's claims.
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CHRIS KABIRO V DIRECTOR, CRIMINAL INVESTIGATIONS DEPARTMENT & 2 OTHERS [2012] KEHC 1489 (KLR)
✦ The court reluctantly allows the affidavit out of time and considers it duly filed. The petitioner and interested parties may respond to it within 14 days.
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OSMAN BASCEL J. A. & another v JULIUS OCHIENG OWUOR [2012] KEHC 1460 (KLR)
✦ The court finds the respondent 100% negligent for the accident and sets aside the lower court's judgment.
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KENYA BREWERIES LIMITED V MUNICIPAL COUNCIL OF MOMBASA & 6 OTHERS [2012] KEHC 692 (KLR)
✦ The Court denied the Plaintiff's application for leave to amend the plaint.
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Nyamogo v Telcom Kenya Ltd (Civil Suit 1736 of 1993) [2012] KEHC 1479 (KLR) (Civ) (23 October 2012) (Ruling)
✦ There is no decree capable of being executed, and the defendant will have the costs of the application dated 10th September 2012.
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B.M. V S.M.M [2012] KEHC 1651 (KLR)
✦ The physical custody of the children is granted to the mother, and the children will return to Busy Bee Private School pending the hearing and determination of the appeal.
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REPUBLIC V COMMMISSIONER OF CUSTOM SERVICES EXPARTE TETRA PAK LIMITED [2012] KEHC 1378 (KLR)
✦ The court found that the Respondent's decision to demand payment of taxes was not communicated to the Applicant through the letter dated 18th January 2010, as alleged by the Respondent, but through the letter dated 13th April 2010, which was over two months after the application for review was lodged. Therefore, the Applicant was not deemed to have its application allowed by operation of law.
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JOSEPH MWANGI MWAURA V DAVID MBURU MWAURA [2012] KEHC 1469 (KLR)
✦ The trial court's decision is sound and the survey plan found on page 29 of the Record of Appeal shall be adopted.
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NEW KENYA CO-OPERATIVE CREAMERIESLTD V EDWARD MURIU KAMAU & 3 OTHERS [2012] KEHC 1477 (KLR)
✦ The court dismissed the application, finding that the plaintiff had not shown substantial loss and that the delay in bringing the application was inordinate.
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REPUBLIC v MWANATSONGO MUHENDA CHENGO & 4 others (Criminal Case 27 of 2009) [2012] KEHC 1464 (KLR) (23 October 2012)
✦ The court finds that the charge of murder has been proved beyond a reasonable doubt and convicts the 1st, 2nd, 3rd, and 4th accuseds as charged.