Kenyan case law
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KING POST LIMITED v CITY COUNCIL OF NAIROBI [2009] KEHC 27 (KLR)
✦ The notice of preliminary objection is dismissed with costs to the Plaintiff, and status quo is maintained.
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ROMANUS ODHIAMBO OTIENO & PAMELA AWUOR OCHIENG v GEORGE OCHIENG OGONY (Civil Case 76’B’ of 2007) [2009] KEHC 18 (KLR) (12 October 2009) (Judgment)
✦ The plaintiffs are the lawful registered proprietors of the suit property, Suna WEST/WASIMBETE/1305, and the defendant has no right over the same.
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REPUBLIC v INDUSTRIAL COURT OF KENYA & ANOTHER [2009] KEHC 1510 (KLR)
✦ The Industrial Court's orders are not illegal and the applicant's claims regarding failure to comply with principles of natural justice and inability to determine pecuniary loss are without merit.
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VICTOR ODUOR ODHIAMBO v AKAMBA PUBLIC ROAD SERVICES LIMITED & another (Civil Suit 476 of 2001) [2009] KEHC 1469 (KLR) (12 October 2009) (Ruling)
✦ The suit is dismissed for want of prosecution.
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ERICK OGARO v ATTORNEY GENERAL [2009] KEHC 1027 (KLR)
✦ There was no violation of the applicant's fundamental rights as the reasons for the delay were acceptable and the applicant was brought to court as soon as was reasonably practicable.
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REPUBLIC v CHAIRMAN, CHWELE LAND DISPUTES TRIBUNAL [2009] KEHC 140 (KLR)
✦ The tribunal's decision is quashed as it had no jurisdiction over the dispute
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Republic v CHIEF ROADS ENGINEER & TWO OTHERS Ex-parte JOSEPHINE MBULA KILONZO [2009] KEHC 925 (KLR)
✦ The court grants the leave to apply for an order of prohibition, but it does not operate as a stay.
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KAVOO NDETI v GEORGE L.M. NZIOKA [2009] KEHC 793 (KLR)
✦ The court grants the injunction to prevent the District Surveyor from interfering with the Plaintiff's quiet possession of the land parcels, but only until the hearing and determination of the Provincial Appeals Committee case.
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LEONARD KINYUA & 3 OTHERS v REPUBLIC [2009] KEHC 696 (KLR)
✦ The order is revised and set aside in respect of Juster Kagendo Thimangu and Joseph Mutabari. They are released on personal bonds of Kshs. 20,000/= for good behaviour for a period of one year with effect from 14th August 2009.
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Braeburn Limited v Tony Gachoka & another [2009] KEHC 1760 (KLR)
✦ The instruction fees were taxed for execution of the decree on 28th July 2003, which covered the entire execution process including the notice of motion. The taxing officer erred by finding no reasons to assess the amount of work involved and arrive at a fair quantum. The instruction fees should be increased to Ksh.125,000/-. The applicant shall have the costs of this application.
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MIRRIAM WANGARE KASSIM v SAMUEL MUCIRI W’NJUGUNA & another [2009] KEHC 1042 (KLR)
✦ The suit against the 2nd Defendant is struck off with no order as to costs. The suit against the 1st Defendant is not struck off.
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PATRICK MWANGIRI & 6 OTHERS v REPUBLIC [2009] KEHC 700 (KLR)
✦ The order made by the Meru Magistrate's Court in respect of Lucy Kathure is revised and set aside. Lucy Kathure is ordered to be released once she executes a personal bond of Kshs. 200,000/= for her good behavior for a period of one year with effect from 10th July 2009.
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NARCOL ALUMINIUM ROLLING MILLS v STEPHEN APONDI OCHIENG [2009] KEHC 1100 (KLR)
✦ The court held that the respondent was a casual worker and dismissed him without notice, thus not entitled to notice or compensation.
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LYDIA NTEMBI KAIRANYA & another v ATTORNEY GENERAL [2009] KEHC 1343 (KLR)
✦ The Plaintiffs are entitled to the special damages of Kshs.135,150/= and general damages of Kshs.2,700,000/= under the Fatal Accidents Act. The Defendant is ordered to pay costs and interest at court rate.
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ROSE WANJIRA KIBUI v WILFRED MWANGI KIBUI [2009] KEHC 900 (KLR)
✦ Rose is declared a widow of the deceased and her children are presumed to be dependents.
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EPHRAHIM WAITHAKA RUITHA & 2 OTHERS v NADIS SERVICES LIMITED & ANOTHER [2009] KEHC 1702 (KLR)
✦ The application for injunction must succeed.
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Kebirigo General Stores Limited v Barclays Bank of Kenya Limited [2009] KEHC 1646 (KLR)
✦ The application is dismissed with costs to the defendant.
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JULIUS OKELLO KUNGU & another v JOHN HENRY TULU & 7 others [2009] KEHC 1630 (KLR)
✦ The application is fixed for hearing on the 5th November 2009 as a matter of urgency and priority. The defendants' application is dismissed with costs.
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NARCOL ALUMINIUM ROLLING MILLS v STEPHEN APONDI OCHIENG [2009] KEHC 1099 (KLR)
✦ The court found in favor of the respondent, awarding damages for loss of salary and other benefits.
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HENRY KAYIBE MUKABI v ATTORNEY GENERAL [2009] KEHC 1388 (KLR)
✦ The Notice of Motion is dismissed with costs to the Defendant/Respondent
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JOSHUA MURIITHI & 6 OTHERS [2009] KEHC 699 (KLR)
✦ The order is set aside and revised only in respect of Jennifer Mwende, and she is ordered to be released on a personal bond of Kshs. 30,000/= for her good behavior for a period of one year with effect from 7th July 2009.
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AIMI MA KILUNGU & another v DOMINIC M. NDAMBUKI [2009] KEHC 963 (KLR)
✦ The application for review is struck off with costs to the appellants
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JOHN KUNGU KIARIE v KENYA COMMERCIAL BANK LTD (Civil Suit 195 of 2008) [2009] KEHC 1839 (KLR) (9 October 2009) (Ruling)
✦ The court declines to strike out the pleadings and dismisses the Preliminary Objection.
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CHARITY MUTHOKI MULEI v WILLIAM MUTISYA MUINDI [2009] KEHC 790 (KLR)
✦ The Application for stay of execution is dismissed with costs to the Respondent.
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NGUI MULANGU v NDETO MUTAVI [2009] KEHC 940 (KLR)
✦ The costs of the suit shall be paid to the Defendant by the Plaintiff.