Kenyan case law
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Pauline Wanjiru Kimani v Republic [2017] KEHC 1516 (KLR)
✦ Appellant’s appeal has some reasonable prospects of success, but there are no exceptional circumstances to justify bail
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Martha Wangari Karua & another v Independent Electoral & Boundaries Commission & 3 others [2017] KEHC 2360 (KLR)
✦ The application is dismissed as the petition does not comply with the mandatory provisions of Rule 8(1) of the Elections (Parliamentary and County Elections) petition rules, 2017.
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John Gatimu Kiruthai v Gareth Powel [2017] KEHC 1059 (KLR)
✦ The court sets aside all proceedings following the filing of the suit by the respondent.
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Mutisya Albanus Paul v Independent Electoral and Boundaries Commission & 2 others [2017] KEHC 2123 (KLR)
✦ The court declines the Petitioner's request to deliver election materials for safe custody and grants a read-only access to the data extracted from the KIEMS Kits.
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Brenda Nyaboke Michira v German International Co-operation Giz [2017] KEHC 452 (KLR)
✦ The court found that the defendant's driver was not to blame for the accident, as he could not explain why he could not see the pothole that caused the vehicle to lose control.
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Thomas Kapombe & another t/a Kalita Transporters v Matunda Fruits Bus Services Limited [2017] KEHC 295 (KLR)
✦ The liability of the Appellants is upheld at 100%. Special damages are set aside and substituted as: (a) costs of motor vehicle repairs - Kshs.502,500/=. (b) loss of earnings - Kshs.525,000/=. (c) assessment fees - Kshs.6,000/. Total - Kshs.1,033,500/=. The sum of Kshs.1,033,500/= shall accrue interest at court's rates from the date of the trial court's judgment.
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Republic v George Muthora Nyutu [2017] KEHC 1901 (KLR)
✦ The accused is sentenced to 18 years imprisonment.
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Patrick Losike Lokaimoe v Daniel Epogo Nanok & 2 others [2017] KEHC 1416 (KLR)
✦ The court declines to grant the order of scrutiny as it was made too early and no basis was established. However, the court orders the Petitioner to renew the application if sufficient basis is established.
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Peter Njeru Ndwiga & Another v Republic [2017] KEHC 1255 (KLR)
✦ The appellants' defences are without merit, and the conviction and sentence are affirmed.
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Peter Edick Omondi Anyanga v Kennedy Odhiambo Okongo [2017] KEHC 1639 (KLR)
✦ The court will not dismiss the suit but will order that the same be prosecuted within 6 months failing which it shall stand dismissed.
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Republic v Kenya Revenue Authority Ex parte Tom Odhiambo Ojienda SC t/a Tom Ojienda & Associates [2017] KEHC 9596 (KLR)
✦ The application is dismissed with costs to the respondent.
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Daniel Odhiambo Achila & 2 others v Republic [2017] KEHC 1358 (KLR)
✦ The conviction and sentence are quashed and set aside. The appellants shall be re-tried on the same charges before any other magistrate other than Hon. L. Nafula, SPM.
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Kenya Ihenya Company Limited v Timothy Kimani Mugai [2017] KEHC 1667 (KLR)
✦ The suit will not be dismissed, but the two pending applications for letters of administration will be set down for hearing within 30 days from the date of this ruling.
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Actors Delta Hauliage Services Ltd v James Njogu Chege & 3 others [2017] KEHC 311 (KLR)
✦ The appeal is dismissed with costs to the 1st Respondent
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Republic v Joseph Ekai Lomongin [2017] KEHC 493 (KLR)
✦ The accused is not guilty of murder and is acquitted.
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Patrick Losike Lokaimoe v Daniel Epogo Nanok & 2 others [2017] KEHC 1411 (KLR)
✦ The application is dismissed and costs are awarded to the Respondents.
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Muri Mwaniki& Wamiti Advocates v Berben Company Limited & another [2017] KEHC 1807 (KLR)
✦ The Court ruled that the Taxing Master erred in fact and law by failing to find that the 2nd Respondent was liable to pay Kshs. 448,227.80 as legal fees.
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Kelvin Nyongesa & 2 others v Republic [2017] KEHC 1406 (KLR)
✦ Affirm conviction and sentence of 2nd appellant on Count II, set aside convictions and sentences of 1st and 3rd appellants
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Longonot Gate Delopment Limited v Rainbow Projects Limited & another [2017] KEHC 1 (KLR)
✦ The statutory demand was properly served and issued in accordance with the Insolvency Act.
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Rajab Senelwa Abdallah v Republic [2017] KEHC 1403 (KLR)
✦ Affirming the conviction and sentence for robbery with violence.
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Republic v Chairman Embu District Land Tribunal & 4 others Ex-parte Ireri Cirigu [2017] KEHC 1923 (KLR)
✦ The application is incompetent, bad in law and an abuse of the due process of the court.
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David Kariuki &another; v Joshua Wambua Muthama [2017] KEHC 1649 (KLR)
✦ The court reduced the general damages award to Kshs. 800,000/=
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Karani & another v Attorney General & 4 others (Constitutional Petition 321 & 331 of 2017 & Petition 331 of 2007 (Consolidated)) [2017] KEHC 2184 (KLR) (Election Petitions) (15 November 2017) (Judgment)
✦ The court held that Article 99(2)(d) does not bar a Member of a County Assembly from being nominated and elected as a Member of Parliament.
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In re Estate of James Mbithi Ngula (Deceased) [2017] KEHC 1778 (KLR)
✦ The property should be included and shared among the applicants, as the deceased intended to distribute it among his wives, and the applicants have made a valid case for rectification.
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David Kimathi Kaburu v Dionisius Mburugu Itirai [2017] KEHC 2087 (KLR)
✦ The court finds the award of Kshs 630,000 in general damages to be reasonable and fair.