Kenyan case law
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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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JOSEPH NJOGU NJUGUNA & ANOTHER v TETRA PAK LIMITED [2009] KEHC 1685 (KLR)
✦ The principle of res judicata does not apply.
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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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Kamunyori & Company Advocates v James Gatheru Mathenge [2009] KEHC 866 (KLR)
✦ Judgment is entered for the applicant in the sum of Ksh.709,238.45/- with interest at 12% from the date of taxation until payment in full
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RAPHAEL MUTHOKA MAILU v EARNEST JACOB KISAKA [2009] KEHC 1445 (KLR)
✦ The court awards the plaintiff Kshs.1,600,000 in general damages.
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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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BENEDICT NGULA NGULI v GEDION NDUVA MWENDO & another [2009] KEHC 1048 (KLR)
✦ The contract was obtained forcefully and is void.
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AIMI MA KILUNGU v CHARLOTTE JOYCE NZOKA [2009] KEHC 975 (KLR)
✦ The ruling dismissing the preliminary objection was proper, and the subordinate court did not usurp jurisdiction.
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OTIENO RAGOT & CO ADVOCATES v BLUE SHIELD INSURANCE CO LTD [2009] KEHC 1617 (KLR)
✦ The application is dismissed with costs as the applicant has not established substantial loss and has failed to demonstrate its financial status.
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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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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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KADDU KIDERU & 5 OTHERS v IGA SAIDI BUKENYA & 2 OTHERS [2009] KEHC 1691 (KLR)
✦ The application is dismissed with costs. The first defendant is not required to remove the company's affairs with the respondents to themselves. The remedy in such case is monetary and can be compensated in damages.
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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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JOEL NJAU KIHARA v GEORGE WAWERU & 4 OTHERS [2009] KEHC 1615 (KLR)
✦ The court grants the Plaintiff's application for authorization to demolish the encroaching fence walls.
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BETTY CHEPCHIRCHIR SEGUTON v KUNSTE HOTEL LIMITED [2009] KEHC 1304 (KLR)
✦ The application for stay is dismissed with no order as to costs.
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HOSEA NDERI KIRIITHI v KENYA NATIONAL ASSURANCE COMPANY LIMITED (2001) [2009] KEHC 719 (KLR)
✦ The Originating Summons is incompetent and is hereby struck out.
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REPUBLIC v DISTRICT COMMISSIONER AS CHAIRMAN MERU SOUTH DISTRICT LAND DISPUTES & 2 OTHERS Ex-parte NJAGI RUCHIANA & BROTHERS [2009] KEHC 1505 (KLR)
✦ The ex parte applicant succeeds in his prayer for judicial review and the judgment of the Land Dispute Tribunal is quashed.
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COASTAL BOTTLERS LTD v KENYA PORTS AUTHORITY & 2 OTHERS [2009] KEHC 1088 (KLR)
✦ The amended plaint was filed with the leave of the court and is not to be struck out.
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REPUBLIC v PATRICK BULUMA ODILO [2009] KEHC 135 (KLR)
✦ The accused is found guilty of murder and sentenced to death.
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BOARD OF GOVERNORS, KENYA POLYTECHNIC v MOSES OKATCH OWOUR [2009] KEHC 1213 (KLR)
✦ The court sets aside the judgment of the lower court and substitutes a judgment for the respondent in respect of unlawful dismissal. It orders the appellant to pay the respondent 3 months' salary in lieu of notice plus salary earned for the Month of October to November, 1999.
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MARIAM MWENI MUSEMBI & another v FERNANDO VISCHI & 4 others [2009] KEHC 1190 (KLR)
✦ The application is dismissed with costs
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PETER KURGAT v REPUBLIC [2009] KEHC 1064 (KLR)
✦ The sentence is set aside and the case is ordered to be retried before another magistrate at the Children's Court
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JOSEPH WACHIRA MWANGI v JOHANA KAMAU WAMBUGU & ANOTHER [2009] KEHC 1978 (KLR)
✦ The plaintiff's claim of adverse possession is dismissed, and the defendants are granted eviction and compensation.
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ABC METALLURGIACS LIMITED v REPUBLIC [2009] KEHC 1549 (KLR)
✦ The court dismissed the appeal and found the investigation was lawful and the applicant's rights were not violated.
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LUCY GAKIIRU JULIUS MBAE v COMMISSIONER OF POLICE & another [2009] KEHC 1759 (KLR)
✦ The court dismissed the appeal, finding that the police constable was not on duty when he attacked the appellant's husband and that the appellant sued the wrong party.