Kenyan case law
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Migwi A. Muchiri (Suing as the Administrator of the Estate of Mengo Kiondo) v Mwangi A. Mwai & 2 others [2015] KEHC 914 (KLR)
✦ The plaintiff's suit is dismissed and there will be no order as to costs.
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Kibaos Sacco Ltd, Patrick Mungai Ngung’u, Henry Maina Njoroge, Daniel Macharia Kamau Elizabeth Wairimu Kabinga, John Kihara Kagema & Daniel Kamau Ngugi v Kigumo Sub-County Alcoholic Drinks Regulation Committee (Judicial Review Miscellaneous Application 70 of 2015) [2015] KEHC 1280 (KLR) (13 November 2015) (Ruling)
✦ The Ex Parte Applicants shall continue to trade pending hearing and determination of the substantive motion.
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Bookpoint Limited v Guilders International Bank Ltd & another [2015] KEHC 912 (KLR)
✦ The court dismissed the 2nd defendant's application to stay the hearing of the matter and directed that the matter proceeds to hearing as scheduled.
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Michael Mutinda Mutemi v Attorney General [2015] KEHC 1275 (KLR)
✦ The petition is not res judicata as the issues raised are not the same as those in the previous litigation.
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Linus Simiyu Wamalwa v University of Nairobi & another [2015] KEHC 7896 (KLR)
✦ The Court found that the Petitioner's right to have misleading information regarding his degree corrected under Article 35(2) of the Constitution has been violated.
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Republic v Evans Magondo Ondigo [2015] KEHC 27 (KLR)
✦ The court sentences the accused to a three-year non-custodial sentence to be supervised by the Probation Officer of the area.
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Davis Amatika Waodenyo v Eliza Fatuma Ngoma Abdulazizi & 2 others [2015] KEHC 1366 (KLR)
✦ The Plaintiff's application for an interlocutory injunction is dismissed with costs.
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Daniel Bernhard Beinhard & another (suing thro. their Attorney Joyce Reinhard) v Damaris Nthenya & & another [2015] KEHC 1340 (KLR)
✦ The Application is dismissed with costs
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Michael Mutinda Mutemi & another v Cabinet Secretary Ministry of Education & 4 others [2015] KEHC 1261 (KLR)
✦ Issues raised in the present petition are res judicata and the petition is struck out with no order as to costs.
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Republic v Chairman, Kipkelion Land Disputes Tribunal & 2 others Exparte Esther Cheptonui Rugut [2015] KEHC 1363 (KLR)
✦ The award and decree of the Kipkelion Land Disputes Tribunal and the Magistrate's Court are quashed
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Nanga Kihoto Naivasha Limited v Pharis Mburu Ngugi & 5 others [2015] KEHC 529 (KLR)
✦ The Court granted an injunction restraining the Defendants from holding themselves out as Directors of the Plaintiff or interfering with the Plaintiff's business. The Court also issued a mandatory injunction to compel the Defendants to release and hand over the Plaintiff's property, documents, instruments, and items.
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Alex Mburu Gitau v Kenyatta University [2015] KEHC 1311 (KLR)
✦ The respondent did not observe the rules of natural justice in the disciplinary proceedings against the petitioner.
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Pius Moseti Nyamora & 2 others v Attorney General [2015] KEHC 7923 (KLR)
✦ The Court finds that the Petitioners have not provided sufficient details to establish a violation of their rights under Article 28, 29, 31, 33(1), 34(2), 37, 39, and 40(1) of the Constitution of Kenya.
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Peter Maina Kweri & Peter Wainaina Mwangi v Donald Migiro Omaiyo [2015] KEHC 902 (KLR)
✦ The appeal is dismissed. The trial court's findings on liability and the award of compensation are upheld.
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Joshua Shitawa v Kishan Builders Limited [2015] KEHC 7907 (KLR)
✦ The appeal on liability is thus devoid of merit and is dismissed.
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Joseph Ndichu Kariri v Daniel Kipkirong Tarus & another [2015] KEHC 893 (KLR)
✦ The court awards Kshs.3,874,256/= in damages under the Fatal Accidents Act and Kshs.44,400/= in special damages for funeral expenses.
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Republic v Elisha Andai [2015] KEHC 1285 (KLR)
✦ The Court found that the Prosecution proved the fact and cause of death of the deceased persons and that the deaths were caused by the direct consequence of an unlawful act or omission on the part of the accused. However, the Court found that the Prosecution did not prove that the unlawful act or omission was committed with malice aforethought.
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Republic v Joseph Kabatha Waweru [2015] KEHC 7998 (KLR)
✦ The appeal is dismissed as the prosecution proved its case beyond all doubt.
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Karuthu Magiri alias Mary Magiri (suing as the administratrix of the Estate of M’Magiri M’Anampiu v John Kaburu Magiri & 3 others [2015] KEHC 1175 (KLR)
✦ The suit is dismissed due to non-prosecution and the Plaintiff is not awarded costs.
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Republic v Council of Legal Education & another Ex parte Uganda Pentecostal University [2015] KEHC 7922 (KLR)
✦ The Court found that the Applicant was entitled to a hearing before the decision was made, and the decision was contrary to the rules of natural justice. The Court ordered the quashing of the 1st Respondent's decision and declined to prohibit non-recognition of the Applicant's Bachelor of Laws Degree.
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Republic v Stanley Kurgat [2015] KEHC 1292 (KLR)
✦ The court finds the prosecution has proved the charge of murder against the accused beyond reasonable doubt.
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Republic v Philip Muthiani Kathiwa [2015] KEHC 939 (KLR)
✦ The accused is sentenced to serve a Probation Sentence for a period of 1 year under the supervision and direction of the Probation Office, Machakos County.
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Primrose Management Limited v Chairman of the Business Premises Rent Tribunal, Nairobi & another [2015] KEHC 1372 (KLR)
✦ Leave to apply for judicial review orders of certiorari and prohibition is granted
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Interactive Advertising Limited & another v Equity Bank Limited & 2 others [2015] KEHC 8088 (KLR)
✦ The application is dismissed
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Cyrus Ireri Daniel v Republic [2015] KEHC 823 (KLR)
✦ The conviction and sentence are quashed. The appellant is set free.