Kenyan case law
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MARIGI GACHEHA MACHARIA v MIRIAM WANGUI KIMANI & another [2008] KEHC 1072 (KLR)
✦ The plaintiff is entitled to the orders sought under Section 38 of the Limitation of Actions Act.
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REPUBLIC v JAMES MAINA KIAMA [2008] KEHC 1631 (KLR)
✦ The accused's constitutional rights were violated by the prolonged detention, leading to an acquittal.
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REPUBLIC v JAMES WAWERU MUNYI [2008] KEHC 1625 (KLR)
✦ The Court of Appeal has held that an unexplained violation of a constitutional right will normally result in an acquittal.
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REPUBLIC OF KENYA v RAPHAEL MUGO WARUI [2008] KEHC 874 (KLR)
✦ The Applicant's application is dismissed with costs to the Respondents.
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Kiarie v Republic (Criminal Appeal 203 of 2007) [2008] KEHC 3897 (KLR) (Crim) (24 September 2008) (Judgment)
✦ The trial court’s decision to exempt the complainant was a proper exercise of discretion, and thus, the relevant ground of appeal could not stand. The sentence imposed by the trial court was not in any way excessive.
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L.J.T v H.K.T and D.L [2008] KEHC 1393 (KLR)
✦ The marriage has irretrievably broken down and is dissolved.
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REPUBLIC -v- EPHANTUS MUURU WAMWEA &IN THE MATTER OF RE-INSTATEMENT/APPLICATION FOR BOND BTWN EPHANTUS MUURU WAMWEA & REPUBLIC [2008] KEHC 74 (KLR)
✦ The court dismissed the application as the applicant's bond was not cancelled due to health reasons but for non-attendance in court.
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MESHACK KAMAU v EDWARD KINYANJUI GATHANDI & another [2008] KEHC 1601 (KLR)
✦ The appeal is allowed, the judgment of the lower court is set aside, and a judgment in favor of the appellant on liability at 100% is substituted. The appellant is awarded Kshs.100,000/= as general damages for loss of dependency.
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CHARLES OMWONDO SUJI & another v REBECA KAMBU GITAU & 2 othrs [2008] KEHC 1025 (KLR)
✦ The court grants the stay of execution of the eviction order pending the determination of the appeal.
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NDEGWA NDIANGUI v JOEL WAMBUGU GATAMA & another [2008] KEHC 831 (KLR)
✦ The injunction is lifted to permit the plaintiff to register the title against his name.
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REPUBLIC v DANIEL KIOKO MAWEU & another [2008] KEHC 1282 (KLR)
✦ The Republic has made a prima facie case and the accused persons have a case to answer.
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REPUBLIC v CHIEF LAND REGISTRAR/PRINCIPAL REGISTRAR OF GOVERNMENT LANDS & 3 others [2008] [2008] KEHC 1590 (KLR)
✦ The court quashes the decisions and orders of the Chief Land Registrar/Principal Registrar of the Government Lands regarding the Deed of Indemnity, the Indenture, and the Charge.
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MOHAMED HASSAN ABDUL v REPUBLIC [2008] KEHC 30 (KLR)
✦ We allow the appeal, quash the conviction and set aside the death sentence. The appellant is ordered to be set free.
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AVENUE FRESH PRODUCE LIMITED v VIJAY KUMAR SHAMJI PATEL (Civil Appeal 466 of 2008) [2008] KEHC 1603 (KLR) (24 September 2008) (Ruling)
✦ The appeal is valid as the Tribunal order is not an order capable of execution. The court has jurisdiction to grant a temporary injunction and an order for stay of execution pending appeal.
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EQUATOR BOTTLERS v JOSEPH IMBWENYA & another [2008] KEHC 1495 (KLR)
✦ The appeal is allowed to the extent that the judgment against the appellant is set aside. The second respondent is ordered to compensate the first respondent in the sum of Kshs. 120,000/= for general damages for pain, suffering and loss of amenities.
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NGURUMAN LIMITED v SHOMPOLE GROUP RANCH & 3 others [2008] KEHC 1374 (KLR)
✦ The preliminary objection is rejected, and the applicant is allowed to prosecute his application for the release of the funds.
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DAVID WAINAINA MUBEA v REPUBLIC [2008] KEHC 1632 (KLR)
✦ The appeal is allowed, and the appellant's conviction and sentence are quashed. The appellant shall be set free unless otherwise lawfully held.
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EPHANTUS MUURU WAMWEA v REPUBLIC [2008] KEHC 885 (KLR)
✦ The court denied the application for reinstatement of the applicant's bond and refused to admit him to bond on terms and conditions.
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MBALUTO NDONYE v JAMES A. MAKAU & 2 others [2008] KEHC 1270 (KLR)
✦ The Ruling made by Wendoh, J. on 6.10.2004 is upheld, and the third objector is ordered to have only 1/2 costs of the Application.
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CHIRO SONJE MBAGA v REPUBLIC [2008] KEHC 28 (KLR)
✦ The appeal is dismissed. The conviction and sentence are upheld.
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PACKFUELS LIMITED v ELITE EARTHMOVERS LTD [2008] KEHC 1351 (KLR)
✦ The court dismissed the plaintiff's application to strike out the defendant's defence, holding that the defendant's denial of agreeing to pay interest on overdue invoices raised a triable issue.
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MUSYOKA MWANGANGI v REUBEN CHAMBI MUITHYA [2008] KEHC 1209 (KLR)
✦ The application for stay of execution is dismissed with costs.
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David Musyimi Ndetei v Daima Bank Ltd (In Liquidation) [2008] KEHC 1356 (KLR)
✦ The plaintiff's decision to execute against the Deposit Protection Fund Board is not in accordance with the law. The plaintiff must await the proof of his debt by the liquidator.
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Abdul Munialo Sadik v Republic [2008] KEHC 3983 (KLR)
✦ The appeal is declared a mistrial, and the matter is listed for fresh hearing of the appeal against sentence.
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COUNTRY COUNCIL OF KWALE v BAMBURI CEMENT LIMITED [2008] KEHC 996 (KLR)
✦ The application for leave to amend the plaint is allowed