Kenyan case law
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DAVID LOWOI v REPUBLIC [2010] KEHC 1433 (KLR)
✦ The conviction is upheld and the sentence of 10 years imprisonment is not reduced.
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[2010] KEHC 1325 (KLR)
✦ The plaintiff's suit will proceed as a derivative suit for and on behalf of the company.
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MICHAEL OGWENO MBOGO & three others v PETER ALBERT ODIWUOR & another [2010] KEHC 1015 (KLR)
✦ The order of inhibition is set aside due to fraud and non-disclosure of material facts. The transfer and registration of the suit land in the name of the interested party are ordered to be explained by the District Land Registrar.
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REPUBLIC v JAMES NJERU MUTEMBEI [2010] KEHC 1524 (KLR)
✦ The accused person is placed onto his defence pursuant to Section 306(2) of the Criminal Procedure Code.
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ABAR JUMA NZAI & 2 others v REPUBLIC [2010] KEHC 1512 (KLR)
✦ The conviction is upheld, and the appeals are dismissed.
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RAINBOW INVESTMENTS LIMITED v ANN MBATIA [2010] KEHC 1497 (KLR)
✦ The defendant's application has no merit and is dismissed with costs.
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KEROSI ONDIEKI v MINISTER OF STATE FOR DEFENCE & another [2010] KEHC 1589 (KLR)
✦ The court held that the petitioner has locus standi and that the conditions in the advertisement contravene the Constitution.
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ALICE WANJIKU NDUNGU & 4 others v MARIA WAMBUI MUNGAI & 2 others [2010] KEHC 1424 (KLR)
✦ The application to strike out the plaint is dismissed with costs.
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Kerosi Ondieki v Minister of State for Defence & Another [2010] KEHC 4112 (KLR)
✦ The conditions for recruitment are not discriminatory and the court dismisses the application.
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JOHN NDUNGU MUBEA & 2 others v JOHN NDUNGU MUBEA [2010] KEHC 1273 (KLR)
✦ The appeal is dismissed, but each party shall bear their own costs.
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JANE WANJIKU MWANGI & another v NATHAN NDEGWA NJERU [2010] KEHC 1425 (KLR)
✦ The application is dismissed with costs.
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REPUBLIC v CITY COUNCIL OF NAIROBI Ex-parte KENYA TAXI CABS ASSOCIATION [2010] KEHC 1695 (KLR)
✦ The decision is quashed, and the Respondent is ordered to comply with statutory provisions and by-laws regarding taxi cab licensing.
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In Re Estate of HABEL MWANGI GITHAIGA ALIAS ABEL MWANGI GITHAIGA – DECEASED [2010] KEHC 1347 (KLR)
✦ The grant of Letters of Administration to the Petitioner is revoked due to lack of jurisdiction in the Subordinate Court. The grant cannot be confirmed due to the confusion regarding the estate's status.
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CLAUDE MSUMIRI & another v REPUBLIC [2010] KEHC 1369 (KLR)
✦ The conviction and sentence are quashed, and the appellants are set at liberty.
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COOPERATIVE BANK OF KENYA LTD v FENANCIO MARINE NDERI & another [2010] [2010] KEHC 1490 (KLR)
✦ Judgment is entered for the plaintiff and against the defendants as prayed in the plaint with costs.
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NYAMODI OCHIENG NYAMOGO & another v CO-OPERATIVE INSURANCE COMPANY (K) LIMITED [2010] KEHC 1492 (KLR)
✦ The Plaintiffs have proved their case on a balance of probabilities, and the judgment is in favor of the Plaintiffs and against the Defendant.
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M. N. Ng’ang’a & 2 others (All t/a Waruhiu Kowade & Ng’ang’a Adv) v Lab Construction Ltd & 2 others; William Muriithi Kimaru & another (Interested Parties) [2010] KEHC 1387 (KLR)
✦ The application for review is disallowed due to failure to annex the order sought to be reviewed and lack of merit.
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Beatrice Bosibori Matoya v Standard Chartered Bank Kenya Limited & another [2010] KEHC 1448 (KLR)
✦ The court finds that the plaintiff was able to prove on a balance of probability that the suit premises was sold through fraud in a contrived public auction.
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CHARLES MWAI MURIITHI v REPUBLIC [2010] KEHC 1488 (KLR)
✦ The appeal against conviction is dismissed. The appeal against sentence is allowed. The sentence of 3 years is set aside and is substituted with a sentence of 12 months imprisonment.
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REPUBLIC v AWENDO LAND DISPUTES TRIBUNAL & another [2010] KEHC 813 (KLR)
✦ The 1st respondent, the Awendo Land Disputes Tribunal, did not have jurisdiction to hear and determine the claim by the 1st interested party regarding the ownership of the suit land. The decision of the 1st respondent is null and cannot stand.
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Decas Limited (Suing as the Nominees of Unique Distributions (K) Limited) v Kiseph Limited [2010] KEHC 1380 (KLR)
✦ The application is dismissed with costs to the respondent.
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BENSON MAINA GATHITHI v WARIBU CHONGO [2010] KEHC 1489 (KLR)
✦ The judgment of the trial court is set aside, and the suit is dismissed. The Appellant is ordered to refund any money paid to the Respondent in satisfaction of the decree.
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In Re the matter of Matic General Contractors Limited [2010] KEHC 1450 (KLR)
✦ The company is ordered to be wound up
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REPUBLIC v BORABU LAND DISPUTES TRIBUNAL & another Ex-parte KIPKEBE LIMITED [2010] KEHC 1240 (KLR)
✦ The court quashed the proceedings and decision of the Borabu Land Disputes Tribunal and prohibited further proceedings on the estate's ownership.
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CEPHAS OSORO & 3 others v DAVID N. THUKU & another [2010] KEHC 1417 (KLR)
✦ The application is dismissed with costs.