Kenyan case law
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Mwea Foundation & another v Attorney General & 2 others [2013] KEHC 1617 (KLR)
✦ Regulation 4 is unconstitutional as it excludes persons from occupation of the Scheme who are dependants of the licencee on the basis of age and marital status contrary to Article 27.
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Okiya Omtatah Okoiti & another v Attorney General & 7 others [2013] KEHC 6016 (KLR)
✦ The Attorney-General cannot represent the National Police Service Commission in court proceedings.
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James Titus Kisia v Said Majid Said [2013] KEHC 1703 (KLR)
✦ The Court dismissed the Plaintiff's interlocutory injunction application and ordered the costs to be in the cause.
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Nairobi Business Park Limited & another v Kenya Forestry Service & another [2013] KEHC 1606 (KLR)
✦ The application to be joined as an interested party is dismissed.
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Joel Muiruri Maganjo & 29 others v Stephen Ndeleva Muasya & 7 others [2013] KEHC 6822 (KLR)
✦ The plaintiffs have not established a prima facie case with a probability of success.
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In Re Baby H (Minor) [2013] KEHC 1174 (KLR)
✦ The court allows the application for adoption. The applicant, P S K, is hereby allowed to adopt Baby H. Her date of birth shall be 7th June 2009. Her place of birth shall be Kenyatta National Hospital, Nairobi. She shall henceforth be known as L A. C M, a friend of the applicant, shall be the legal guardian of the child should such eventuality arise.
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Peter Ndukuthyo & 2 others v Peter Mbuthia Mwaura & another [2013] KEHC 6758 (KLR)
✦ The court declines to dismiss the suit until it hears the Plaintiff's consent.
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Power Solutions Limited v CMA CGM Kenya Limited & 2 others [2013] KEHC 1669 (KLR)
✦ The Court should not grant a mandatory injunction at interlocutory stage unless the case is clear.
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Mwau v Independent Electoral and Boundaries Commission & another (Petition 26 of 2013) [2013] KEHC 6762 (KLR) (Constitutional and Human Rights) (1 November 2013) (Judgment)
✦ The court found Section 24(1) of the Elections Act unconstitutional for being in violation of Article 27 and 38 of the Constitution.
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In Re J M Alias Baby K (Infant) [2013] KEHC 1578 (KLR)
✦ The application is allowed, and the child J M is authorized to be adopted by the applicants as B J O.
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Cecilia Kadzo Emmanuel (Suing As The Administrator Of The Estate Of Jonathan M. Karisa (Deceased) v Miriam Chea Mungai [2013] KEHC 1575 (KLR)
✦ The Plaintiff's claim for an injunction is dismissed as the previous decision in Mombasa ELC No. 104 of 2012 is still valid.
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Mombasa Trade Centre Ltd v Blue Shield Insurance Co. Ltd (Under Statutory Management) [2013] KEHC 1670 (KLR)
✦ The ex parte order granting leave to institute civil suit should not be vacated.
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MMM v Permanent Secretary, Ministry of Education & 2 others (Constitutional Petition 133 of 2013) [2013] KEHC 6002 (KLR) (Constitutional and Human Rights) (1 November 2013) (Judgment)
✦ The court found that the respondents had failed to demonstrate concrete policy measures, guidelines, and progress towards the realization of economic rights and particularly the right to education.
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E O M v E E O [2013] KEHC 1200 (KLR)
✦ The court allows the applicants' application for adoption and orders that Baby S be adopted by E O M and E E O. She shall be known as Z O M and her date of birth shall be 12th July 2010.
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John Gitau Ruhwa v Jane Githithi Ruhwa [2013] KEHC 1161 (KLR)
✦ The Geta property is not part of the estate of the deceased and is not available for distribution.
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P. A. W. M v C. M. A. W [2013] KEHC 253 (KLR)
✦ The application for stay is dismissed with costs
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Omulele & Co. Advocates v Synresins Limited [2013] KEHC 1616 (KLR)
✦ The Court finds that a retainer agreement exists and bars the Applicant from taxing the Advocates/Clients Bill of Costs.
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Serah Wanjiru Ngonde & 2 others v Charles Ngonde & 2 others [2013] KEHC 997 (KLR)
✦ The Plaintiffs have no claim over the Suit Property and have not established a prima facie case with a probability of success.
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R M M v S W W [2013] KEHC 1191 (KLR)
✦ The marriage is dissolved, and a decree nisi is issued.
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Joyce Mokeira Momanyi v Martha Nyaboke [2013] KEHC 287 (KLR)
✦ The court accepted the plaintiff's claim that the boundary between the suit property and Plot No. 6375 is marked by the photographs annexed to the plaintiff's further affidavit, placing the septic tank being constructed by the defendant inside the suit property.
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Anthony Mkala Chitavi v Republic [2013] KEHC 1646 (KLR)
✦ The Conviction and Sentence on the alternative count is quashed and set aside.
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In Re M K (Minor) [2013] KEHC 1177 (KLR)
✦ The court allows the applicants' application for adoption and orders the Registrar General to enter the order in the adoption register.
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David Gitau Njau & 9 others v Attorney General [2013] KEHC 6752 (KLR)
✦ Petitioners have established violations of their fundamental rights and freedoms
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Enock Kirao Muhanji v Hamid Abdalla Mbarak [2013] KEHC 6015 (KLR)
✦ The current suit is not res judicata and is not an abuse of the court process.
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Coast Brakes & Clutch Ltd v Muslim Association Mombasa & another [2013] KEHC 1706 (KLR)
✦ The Preliminary Objection is dismissed with costs to the Plaintiff.