Kenyan case law
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REPUBLIC v KENYA ANTI-CORRUPTION COMMISSION & 2 OTHERS EX-PARTE ABC METALLURGIACS LIMITED [2009] KEHC 967 (KLR)
✦ The court granted the Certiorari and Prohibition orders, quashing the warrant and prohibiting further investigation.
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TERRAZO ENTERPRISES LIMITED v PAVEMENT CLUB “N” CAFÉ, BLUE ELEPHANT LIMITED & SHAILESH PATEL (Civil Case 568 of 2008) [2009] KEHC 1591 (KLR) (16 October 2009) (Ruling)
✦ The application is granted, the defendant's statement of defence is struck out, and summary judgment is entered in the sum of Kshs.16,598,988 against the defendant.
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RAO JAIVISINTHINJI & 3 OTHERS v PRUDENTIAL DRY CLEANERS [2009] KEHC 1036 (KLR)
✦ The application to join plaintiffs is dismissed with costs to the respondents
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ESPOSITO FRANCO v AMASON JEFFAH KINGI & 2 OTHERS [2009] KEHC 4246 (KLR)
✦ The court dismissed the petition as it was not properly before the court and the requirement of payment of Kshs. 250,000 as security within 3 days of filing the Election Petition is unreasonable.
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APPOLLOH NDERITU v REPUBLIC [2009] KEHC 1029 (KLR)
✦ The appeal is dismissed as the prosecution laid the basis for failing to call Dr. Iraya and the court allowed the medical evidence to be presented by another doctor.
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MOLOYIAN OLE MENGATI & ANOTHER v KENYA WILDLIFE SERVICE [2009] KEHC 1442 (KLR)
✦ The motion is dismissed as incompetent and unmeritorious due to non-joinder of the Attorney General and lack of proof of breach of constitutional rights.
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REGISTERED TRUSTEES OF MOMBASA PARISH ANJUMAN v SUSHIN ABDULKARIM ALI [2009] KEHC 1526 (KLR)
✦ The plaint filed in 1992 was properly filed and is valid.
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REPUBLIC V PAUL KIBET CHEPKWONY & OTHERS [2009] KEHC 164 (KLR)
✦ The appeal is dismissed, and the State is ordered to file a civil suit for damages
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PANKAJ D. SHAH v CHARLES MAINA KAHARUKA t/a CHAMA ENTERPRISES [2009] KEHC 1311 (KLR)
✦ The judgment of the lower court is set aside, and a judgment in favor of the appellant is substituted in the sum of Kshs.683,845/=. Interest, costs of the suit, and costs of the appeal are awarded.
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DEBLA KHASOHA MMAITSI v JAMES KEGODE (for Mbaya Primary School) [2009] KEHC 1570 (KLR)
✦ The application is dismissed.
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ALIO ALI SUGA v REPUBLIC [2009] KEHC 1503 (KLR)
✦ The appeal is allowed, conviction and sentence quashed, proceedings set aside
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MOHAMMED KASSIM ABDULAZIZ & 2 OTHERS v COMMISSIONER OF LANDS & ANOTHER [2009] KEHC 1672 (KLR)
✦ The judgment is set aside and the matter is remanded for further proceedings
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CLEMENT KONGO AMUKATI v DIFINA ITUKU BULETI [2009] KEHC 350 (KLR)
✦ The Plaintiff's claim is upheld. The registration of Plot No. ISUKHA/SHISWA/577 is cancelled, and two separate plots, Plot No. ISUKHA/SHISWA/1072 and 1073, are created. The Plaintiff is registered as the proprietor of Plot No. 1073, and the Defendant as the proprietor of Plot No. 1072.
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REPUBLIC V MERCY CHEMUTAI [2009] KEHC 174 (KLR)
✦ The accused is guilty of murder.
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CLEMENT KONGO AMUKATI v DIFINA ITUKU BULETI [2009] KEHC 411 (KLR)
✦ The Plaintiff's claim is upheld, and the registration of Plot No. ISUKHA/SHISWA/577 is cancelled. Two separate plots, Plot No. ISUKHA/SHISWA/1072 and 1073, are created. The Plaintiff is registered as the proprietor of Plot No. ISUKHA/SHISWA/1073, and the Defendant as the proprietor of Plot No. ISUKHA/SHISWA/1072.
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ALEX KASIANGANI v REPUBLIC [2009] KEHC 1356 (KLR)
✦ The appeal is dismissed. The plea was properly taken and the issue of language used is not raised. The appellant's constitutional rights were not violated. The appellant's statement that he had financial problems to explain why he did what he did is an admission of the commission of the offence he was charged with.
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CHARLES MUTHUI GITONGA v REPUBLIC [2009] KEHC 29 (KLR)
✦ The appellant's conviction for corruption is quashed and the sentence set aside. He is hereby set at liberty unless he is otherwise lawfully held.
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ROSE WAKUTHII MWANGI NJUNU v EDWARD KITHINJI & 2 OTHERS [2009] KEHC 1684 (KLR)
✦ The court declares the 1st defendant, Edward Kithinji, as the legal owner of the suit property. The plaintiff is ordered to vacate the property within 45 days. The 2nd defendant is ordered to pay the plaintiff KShs.939,569.
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PHYLLIS MBAISI EMBEVA v DEVELOPMENT BANK OF KENYA LIMITED [2009] KEHC 1678 (KLR)
✦ The plaintiff established that the purported sale was unprocedural due to the lack of evidence of the requisite statutory notice. The court granted the plaintiff's application for injunction and ordered the defendant to issue a valid statutory notice before invoking its powers of sale.
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RACHEL JEBWAMBOK SOI & another v ELIZABETH CHEBOO MARINDICH & another [2009] KEHC 1833 (KLR)
✦ The application for stay of execution of the judgment is granted
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REPUBLIC v DUNCUN ODOYO OGOLA [2009] KEHC 20 (KLR)
✦ The court finds no sufficient circumstantial evidence to convict the accused of murder. The accused's constitutional right to be arraigned within 14 days of arrest was violated, which vitiated the charge against him. The accused is hereby acquitted and set at liberty.
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ABDUL RAZAK KHALFAN & ANOTHER V PINNACLE LIFE & GENERAL ASSURANCE COMPANY LTD V PINNACLE TOURS & TRAVEL LTD & ANOTHER [2009] KEHC 823 (KLR)
✦ The appeal is dismissed. The non-executive directors of the 1st defendant are ordered to attend court for cross-examination. The 2nd defendant, as managing director, is also ordered to attend court for cross-examination.
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BROOKSIDE DAIRY LTD v TESCO CORPORATION LTD [2009] KEHC 1692 (KLR)
✦ The plaintiff is entitled to be paid costs of the suit calculated at the amount that was agreed by consent by the plaintiff and the defendant. The plaintiff is also entitled to be paid interest at court rates from 16th January 2008 to 29th May 2008.
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ABDUL RAZAK KHALFAN & another v PINNACLE TOURS AND TRAVEL LTD & another [2009] KEHC 1676 (KLR)
✦ The appeal is dismissed. The non-executive directors of the 1st defendant are ordered to attend court for cross-examination. The 2nd defendant, as managing director, is also ordered to attend court for cross-examination.
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MURIU MUNGAI & CO. ADVOCATES v NEW KENYA CO-OPERATIVE CREAMERIES LTD (Environment & Land Miscellaneous Case 280 of 2007) [2009] KEHC 1351 (KLR) (14 October 2009) (Ruling)
✦ The reference filed by the respondent is allowed. The taxation in respect of items no. 1, 7 & 10 by the taxing officer is set aside. The assessment of the applicant's bill of cost in respect of the said items in the bill of costs is remitted for taxation before another taxing officer.