Kenyan case law
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SIMON KIPCHIRCHIR RUTTO vs REPUBLIC [2003] KEHC 163 (KLR)
✦ The appeal is allowed, and the sentence is reduced to three years imprisonment with one stroke of the cane subject to medical fitness.
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SPARES CORNER (K) LTD. vs MARIAM NOORMOHAMED,ABDUL HAMID NOORMOHAMED,ISMAEL NOORMOHAMED [2003] KEHC 788 (KLR)
✦ The Tribunal erred in dismissing the tenant's application to rescind the order, as it was lawfully seized of the matter and bound to consider the application on its merits.
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JACKSON KICHINDA vs REPUBLIC [2003] KEHC 169 (KLR)
✦ The appeal is dismissed. The sentences on the first two counts are mandatory and will not be disturbed. The sentences on the third and fourth counts are merited and will not be disturbed.
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GOLDLINE LIMITED v GIATHINWA FARMERS COMPANY LIMITED& another [2003] KEHC 655 (KLR)
✦ The application for injunction is granted with costs.
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IN THE MATTER OF: LIMITATION OF ACTIONS ACT AND IN THE MATTER OF: AN APPLICATION FOR EXTENSION OF TIME TO FILE SUIT HANNAH NJERI GACHAU [2003] KEHC 820 (KLR)
✦ The court dismisses the applicant's Originating Summons and makes no order as to costs.
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IMPERIAL BANK LTD vs MUNIR KHAN MURAD KHAN [2003] KEHC 782 (KLR)
✦ The court orders the Registry to supply certified copies of proceedings and the E.O. in charge to ensure the same is done on payment of any requisite fees within a period of 30 days from today’s date. Directions to be taken within 30 days thereafter and appeal set down for hearing 30 days thereafter the taking of directions.
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WALTER SITONIK TISIA vs PHILIP CHABEDA [2003] KEHC 567 (KLR)
✦ The court does not compel the Defendant to deposit Kshs.107,000/- in court at this stage.
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JOHN WAGACHA THUO vs JOSEPH MUYA [2003] KEHC 806 (KLR)
✦ The parties shall maintain the status quo ante obtaining before the matters leading to the suit in the Lower Court arose pending the hearing and determination of this appeal.
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TEXCAL HOUSE SERVICE STATION vs TEXCAL HOUSE SERVICE STATION [2003] KEHC 589 (KLR)
✦ The Court awards general damages of Kshs.1,200,000/- to the first Plaintiff and Kshs.100,000/- to the second Plaintiff, with interest at Court rates. Special damages of Kshs.22,800/- are awarded.
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HANES MAINA KARIUKI V KENNEDY NJOROGE MUKUBWA [2003] KEHC 772 (KLR)
✦ The appeal is dismissed with costs to the respondent
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SCHOLASTICA WANJIRU WAIHENYA & 3 OTHERS vs JOB KAGWE NGUNJIRI & 5 OTHERS [2003] KEHC 494 (KLR)
✦ The 4th Plaintiff is ordered to provide security in the sum of Kshs.40,000/= for the costs of the 6th defendant.
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JOHN MURIASO OTEKO vs REPUBLIC [2003] KEHC 168 (KLR)
✦ The conviction is quashed, the sentence is set aside, and the Appellant is ordered for release unless otherwise lawfully held.
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THIKA CLOTH MILLS LIMITED vs JAMES OMONDE DANIEL NJONJO DOMINIC NGAMAU STEPHEN NDEGWA PETER NG’ANG’A SAMSON KARANJA PETER KAMAU [2003] KEHC 853 (KLR)
✦ The appeal is allowed, and the proceedings are quashed. A retrial is ordered in the Chief Magistrate's Court, Thika, with consideration of the court's pecuniary jurisdiction.
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TOTAL KENYA LIMITED v SUPA HAULIERS LIMITED [2003] KEHC 1005 (KLR)
✦ Default judgment set aside due to improper service of summons
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GABRIEL KIMUHU KARIUKI vs REPUBLIC [2003] KEHC 301 (KLR)
✦ The trial magistrate erred in finding that the prosecution had proved its case beyond a reasonable doubt and in misdirecting himself on points of law.
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FRANCIS KIHONGE NG'ANG'A & ANOTHER vs THE ATTORNEY GENERAL [2003] KEHC 216 (KLR)
✦ The application is dismissed with costs to the respondents.
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JOHN KIMITA MAINA v REPUBLIC [2003] KEHC 38 (KLR)
✦ The appeal is allowed in part by reducing the prison terms to 3 years imprisonment on each limb and setting aside corporal punishment of 2 strokes on the first limb. Prison terms should run concurrently from date of sentence.
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HABIMANA SUEDI HEMED vs KENYA REVENUE AUTHORITY [2003] KEHC 657 (KLR)
✦ The application for recall of the plaintiff to court for cross-examination is dismissed.
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HENRY GATHU THANDE vs BENSON KAMAU KARIGITHI [2003] KEHC 753 (KLR)
✦ The application is allowed and the Deputy Registrar is authorized to sign and execute all forms or other documents for the purpose of facilitating the transfer of the parcel of land.
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THOMAS NYARIKI vs MAJOR JOHN KIPCHUMBA T/A HILLTOP MOTORS [2003] KEHC 608 (KLR)
✦ Summary Judgment in favor of the Plaintiff for Kshs. 681,250/=, interest, and costs.
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THOMAS M. NGUTI & 6 OTHERS v KENYA RAILWAYS CORPORATION [2003] KEHC 648 (KLR)
✦ Granting the mandatory injunction to implement the Industrial Court award, payment of salary arrears, and prohibiting future re-engagement of retired locomotive drivers.
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JOHN BILL KAMAU vs STEPHEN MWAURA MBUGUA [2003] KEHC 847 (KLR)
✦ The appeal is dismissed with costs, and the Respondent will have the costs of the lower court.
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THOMAS KIPLANGAT KEBENEI vs REPUBLIC [2003] KEHC 404 (KLR)
✦ The conviction is safe and the sentence is upheld.
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JOHN MBURE MUIRURI v JOHN KIMANI,KENYA POWER & LIGHTING CO. LTD [2003] KEHC 798 (KLR)
✦ The Plaintiff's appeal is dismissed with costs to the Defendant.
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Gateway Insurance Company Limited v Sudan Mathews [2003] KEHC 106 (KLR)
✦ The plaintiff is not entitled to avoid the policy, but is not liable to make payment under the policy in respect of any claim by a passenger.