Kenyan case law
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CAROLINE KIBIWOTT & 4 OTHERS V MOI UNIVERSITY & 2 OTHERS [2012] KEHC 963 (KLR)
✦ The interlocutory judgment is set aside, and the Statement of Defence is admitted out of time.
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ISAAC NALIKA KALENDA V REPUBLIC [2012] KEHC 1305 (KLR)
✦ The appeal against conviction is dismissed. The sentence is reduced to the period served, and the Appellant is immediately released from custody.
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REPUBLIC EXPARTE WILLIAM KIPSANG ROTICH V MOI UNIVERSITY [2012] KEHC 958 (KLR)
✦ The decision of the Moi University Appeals Board is set aside, and the applicant is reinstated with conditions.
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RAA V FWA [2012] KEHC 1683 (KLR)
✦ Adultery is proven, decree of divorce granted
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WORLD DUTY FREE COMPANY LIMITED v KENYA AIRPORTS AUTHORITY (Civil Case 372 of 2012) [2012] KEHC 1716 (KLR) (17 October 2012)
✦ The Court denied the Plaintiff's application for injunctive orders.
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ROBERT ISAAC MURAMBI v REPUBLIC [2012] KEHC 1194 (KLR)
✦ The Application for bail pending appeal is disallowed. The Appellant is nevertheless at liberty to revisit his application for bail at a later date when the Records of Appeal have been prepared.
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MARGARET NJAMBI NJONGO V KENYA POWER & LIGHTING CO. LTD & ANOTHER [2012] KEHC 919 (KLR)
✦ The court dismissed the objection to its jurisdiction to hear the appeal.
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REPUBLIC V UASIN GISHU LAND DISPUTES TRIBUNAL- SOY DIVISION EX PARTE SAMUEL KIPLETING CHERES [2012] KEHC 509 (KLR)
✦ The notice of motion is dismissed with costs to the 2nd Respondent
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REPUBLIC v KENYA PORTS AUTHORITY & 2 others Exparte ROSMIK TRADING CO. LIMITED & 22 others [2012] KEHC 1160 (KLR)
✦ The Court declines to grant the Orders and dismisses the application with costs.
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BISHOP ABSOLOM NDUNGO & 26 OTHERS V ATTORNEY GENERAL & 2 OTHERS [2012] KEHC 1775 (KLR)
✦ The court is not satisfied that granting a conservatory order will meet the ends of justice for both parties.
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REPUBLIC v HOSEA MAKORI & 2 Others [2012] KEHC 1244 (KLR)
✦ The application for bail is disallowed due to the risk of the 3rd Accused absconding.
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BEN MACHIO MWALA V REPUBLIC [2012] KEHC 1436 (KLR)
✦ The appeal is dismissed. The conviction is upheld.
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REPUBLIC v PAUL KINYANJUI NJENGA (Criminal Case 113 of 2006) [2012] KEHC 1463 (KLR) (Crim) (17 October 2012) (Judgment)
✦ The accused is guilty of murder and is convicted.
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REPUBLIC V SENIOR REGISTRAR OF TITLES EXPARTE BROOKSIDE COURT LIMITED [2012] KEHC 1067 (KLR)
✦ The court quashes the decision of the Senior Registrar of Titles and grants the order of certiorari
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REPUBLIC V CHANGAWA KAHINDI YERI [2012] KEHC 648 (KLR)
✦ The accused is found guilty of murder and sentenced to probation for 3 years.
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ESTHER ACHIENG JUMA v CO-OPERATIVE BANK OF KENYA LTD & 2 Others [2012] KEHC 1888 (KLR)
✦ The court does not strike out the suit and it shall proceed for hearing.
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RAJNI KANT NATHOO v EDWARD NTHULI & 4 others [2012] KEHC 1545 (KLR)
✦ The objection taken by Mr Ngoge advocate and dealt with by the court as a Preliminary point is found to be without merit and it is dismissed with costs.
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REPUBLIC V PRINCIPAL MAGISTRATE COURT, NAIVASHA & 2 OTHERS EX PARTE RACEHL GATHONI WAIHENYA & 3 OTHERS [2012] KEHC 1527 (KLR)
✦ The application fails and is dismissed with no orders as to costs.
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ELDO TYRE CENTRE V UMAR MOHAMMED & 4 OTHERS [2012] KEHC 960 (KLR)
✦ The court finds that the memorandum of understanding does not exist and the only agreement between the parties is the lease agreement dated 12.11.1997. The Plaintiff's claim for a new term of lease is dismissed.
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NYAMAI MUTISO MALINDA V KIMEU KIOKO [2012] KEHC 1458 (KLR)
✦ The Application is dismissed with costs, and any subsisting orders are lifted.
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EASTERN PRODUCE (K) LIMITED V EDWIN ABDALLA WASIKE [2012] KEHC 957 (KLR)
✦ The appeal is allowed. The award of general damages of Kshs. 160,000 is set aside and a sum of Kshs. 100,000 is substituted as general damages for pain and suffering.
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EDWARD MURIGI MUKUHA V REPUBLIC [2012] KEHC 1837 (KLR)
✦ The appeal is dismissed. The appellant is found guilty of the alternative charge of indecent act with a child.
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MADA HOLDINGS LIMITED T/A FIG TREE CAMP V COUNTY COUNCIL OF NAROK [2012] KEHC 1529 (KLR)
✦ An order of prohibition is issued stopping the respondent from charging the applicant the park entry fees prescribed by Gazette Notice No. 16729 of 24th December, 2010.
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RICHARD KIMEU NTHENGE V JUBILEE INSURANCE COMPANY LIMITED [2012] KEHC 1359 (KLR)
✦ The Defendant's statement of defence is struck out and judgment is entered for the Plaintiff in the sum of KShs 1,308,450/00 with costs and interest.
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B.M. V S.M.M [2012] KEHC 1668 (KLR)
✦ The Children's Court Case No. 652 of 2012 from which this appeal has been brought is not barred by the principle of sub-judice by virtue of the previous suit No. 117 of 2007 between the parties. I further hold that even if it were otherwise the two suits could be consolidated and heard together in interests of the overriding objective of the Civil Procedure Act to effectively and fairly determine the dispute on the custody and maintenance of the children the subject of these proceedings.