Kenyan case law
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Jacinta Kawira Kobia v James Atheeru Job Kobia & another [2015] KEHC 1191 (KLR)
✦ The Preliminary Objection is dismissed as the mere statement that the suit can only be heard by the family division of the High Court does not raise pure points of law.
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Kenya Union of Savings and Credit Cooperatives (KUSCCO) Limited v Nairobi City Council(now Nairobi City County & 2 others [2015] KEHC 1504 (KLR)
✦ KUSCCO is granted leave to file contempt proceedings and to apply for judicial review. The court orders the respondents to comply with the previous court order.
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Republic v Commissioner for Income Tax & another Ex Parte Qplast Industries Limited [2015] KEHC 7871 (KLR)
✦ The court will not examine the evidence to form its own view of the substantial merits of the case, but will determine if there is a recognisable public law wrong committed.
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Mohamed Salim Shamsudin v Trishcon Construction Limited [2015] KEHC 138 (KLR)
✦ The court dismissed the plaintiff's claims and ordered the plaintiff to pay the defendant's legal costs.
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Mary Imbenzi Nechesa v Felix Khayesa & another [2015] KEHC 1286 (KLR)
✦ The Petitioner is the only heir to the estate of the deceased and ranks higher in priority than the Objector. The grant is confirmed in terms of the consent of distribution prepared by the Petitioner.
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Republic v John Oriyo Ojwang [2015] KEHC 1426 (KLR)
✦ The court finds no sufficient evidence to warrant putting the accused on his defence and does not establish malice aforethought.
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KAM Company Limited v Shelter Afrique & another [2015] KEHC 8384 (KLR)
✦ The Court of Appeal dismissed the appeal and upheld the judgment of the High Court.
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Registered Trustee of Agriculture Society of Kenya v Meru Golf Limited & 3 others [2015] KEHC 1230 (KLR)
✦ The consent is adopted as an order of the court.
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Republic v Kenya Medical Laboratory Technicians & Technologists Board & another Ex Parte Elizabeth Wairimu Gichimba t/a Kenyatta Road Medical Laboratory [2015] KEHC 1508 (KLR)
✦ The court has no jurisdiction to determine the merits of the decision but can review the decision-making process.
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Republic v Director Of Public Prosecutions & 4 others Ex parte - Senator Johnson Nduya Muthama [2015] KEHC 1507 (KLR)
✦ The court granted a conservatory order restraining the 2nd Respondent from undertaking the applicant's prosecution for a period of four months pending the hearing of the intended appeal.
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M'Etonga M'Ruuti v Naomi Mutire Thuranira & Stephen Mwithia M'Ruuti (Succession Cause 403 of 2006) [2015] KEHC 1330 (KLR) (9 November 2015) (Ruling)
✦ The estate property shall be sub-divided in accordance with the survey report by Gatome & Associates dated 21/10/2014 and the annexed Sketch Map thereto.
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Ramesh R. Vaya & another v Hiten Z. Limbani [2015] KEHC 355 (KLR)
✦ The Defendant was found 100% liable for the accident and ordered to pay the Plaintiff Kshs. 3,407,886 in damages.
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David Mutulu Silu v Wilson Muthike Thuka & 6 others [2015] KEHC 339 (KLR)
✦ The grant of Letters of Administration Intestate is referred back to the Petitioner for further consideration due to undisclosed assets and persons entitled to inherit.
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Safepak Limited v General Plastics Limited [2015] KEHC 8092 (KLR)
✦ The appeal is allowed, and the decision of the Industrial Property Tribunal and the Managing Director is set aside. The Notice of Opposition is dismissed.
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Julius Kioko Kivuva v Republic [2015] KEHC 712 (KLR)
✦ The appeal is dismissed. The conviction and sentence are upheld.
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Resident Magistrate, Kithimani Law Courts v E.M.K [2015] KEHC 1018 (KLR)
✦ The sentence is set aside and the conviction quashed due to irregularities.
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Manjula Zaverchand Shah v Gulf African Bank Limited & 2 others [2015] KEHC 8020 (KLR)
✦ The Court dismissed the application and did not set aside the previous ruling or strike out the Plaintiff's affidavits.
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Narok County Government v Senate & another [2015] KEHC 1505 (KLR)
✦ The court dismisses the application for conservatory injunctive and prohibitory orders.
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Justus Thairu v Stephen Mwangi Karanja & another [2015] KEHC 1412 (KLR)
✦ The appeal is allowed on the issue of negligence. The trial court's finding on liability is set aside. The appellant is held 60% liable, and the 2nd Respondent is held 40% liable. The award on general damages is confirmed at Kshs.300,000.
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Joel Mutie Nzuki v William Makovo Nguu [2015] KEHC 351 (KLR)
✦ The court dismisses the application for lack of merit with costs to the Respondent
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Mohamed Vali Mohamed & another v Municipal Council of Meru & 3 others [2015] KEHC 1216 (KLR)
✦ The suit is dismissed
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Mehu Mwai & another v John Ndegwa Wachira [2015] KEHC 1464 (KLR)
✦ The application is allowed, and the following orders are made: the applicant is enjoined as an interested party, an order of inhibition is issued, the consent is stayed, and the applicant is ordered to institute court proceedings to establish his interests within 45 days.
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Republic v Peter Gitonga Nyaga [2015] KEHC 622 (KLR)
✦ The application for revision is dismissed as there is no merit in it.
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Charity Nyaruai Nyamu v Abdirahim Haji Ahmed [2015] KEHC 1147 (KLR)
✦ The application is allowed in terms of prayer 5 only, which is the stay of proceedings in Isiolo SPMCC No. 33 of 2011.
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Maintenance Ltd & another v W A (A minor suing through next friend and father S K H [2015] KEHC 1301 (KLR)
✦ The appeal is dismissed with costs to the Respondent