Kenyan case law
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Sanitam Services (EA) Limited v Rentokil (K) Limited & another [2002] KEHC 20 (KLR)
✦ The court dismissed the plaintiff's claims and ordered the defendants to pay costs.
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TABITHA WANBUI MUNGAI vs JOYCE WANJIKU MUNGAI [2002] KEHC 1095 (KLR)
✦ The appeal is dismissed with costs.
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SIMON MUTHAMIA MUTIE vs PETER MBITHI KIMEU [2002] KEHC 956 (KLR)
✦ The defendants defence is not a good defence and is struck out with costs to the plaintiff. The sale transaction is void due to lack of consent from the Land Control Board. The defendants is entitled to sue the plaintiff for a refund of his purchase price and to claim compensation for the developments made on the land.
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VINCENT OMONDI AHENDA V REPUBLIC [2002] KEHC 1262 (KLR)
✦ The convictions for Robbery are substituted on each count, and the death sentence is set aside. The appellant is sentenced to 4 years imprisonment on each count with effect from 14-6-99, to run concurrently, plus one stroke on each count.
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T.J.F Kajwang’ v Law Society of Kenya [2002] KEHC 1141 (KLR)
✦ The objection is overruled, and the appellant is found guilty of an offence under the Advocates Act.
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SIMON MUTHAMIA MUTIE vs PETER MBITHI KIMEU [2002] KEHC 791 (KLR)
✦ The sale agreement is null and void due to the Land Control Act, and the defendant's defence is not a good defence. The plaintiff is entitled to a refund of the purchase price and compensation for the developments made on the land.
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J.K. vs T.M.H. [2002] KEHC 221 (KLR)
✦ The court grants the leave to file a Petition for Divorce, finding that the applicant is undergoing a lot of hardship and fear.
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WILSON KINYANKIA MWANGI vs REPUBLIC [2002] KEHC 1258 (KLR)
✦ The appeal is dismissed, and the sentence of 7 years imprisonment and hard labor is upheld.
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GITHII COMMERCIAL AGENCIS LTD. vs MADATALI CHATUR [2002] KEHC 1233 (KLR)
✦ The application is dismissed with costs as the plaintiff has not raised a prima facie case with probability of success.
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YASSIN MAHORA vs REPUBLIC [2002] KEHC 414 (KLR)
✦ The appeal on sentence succeeds, and the sentence is reduced from 4 years to 2 years.
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WILLINGTON OKWAKO AMERE vs REPUBLIC [2002] KEHC 378 (KLR)
✦ The conviction is quashed and the sentence set aside
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WILSON KIBET SOGOMO v TOROKASI MINIKHA MWASHI & ANOTHER [2002] KEHC 856 (KLR)
✦ The court held that the appellant was not negligent and thus not liable for the deceased's death.
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WAYI MUTHINJA vs JOHN NJOROGE MURAGE [2002] KEHC 631 (KLR)
✦ The plaintiff's case has no merit and is dismissed with costs to the defendant.
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WILFRED MACHARIA NAHASHON vs JOHN MBUGUA GITHAE & ANOTHER [2002] KEHC 818 (KLR)
✦ The court dismissed the appeal, finding that the respondents were treated as sons of the deceased and that the deceased intended to treat them as such. The court also found that the respondents had a right to the deceased's estate and land.
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WILLIAM MBUGUA KAMAU & ANOTHER vs WILSON WIATHAKA GITAU & PARTNERS [2002] KEHC 822 (KLR)
✦ The appeal is dismissed with costs
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ZEDEKIAH KHATE SILENGE v SIMON BIKETI WEKESA [2002] KEHC 968 (KLR)
✦ The ex parte judgment is set aside as it was irregularly entered, and the suit is remitted for retrial.
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GODFREY MWANGI GITAO vs AMOS GICHOHI NGONJO [2002] KEHC 1065 (KLR)
✦ The court rules that the CID report is biased and lacks evidential value, thus dismissing the defendant's claim of full payment.
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GEORGE OCHIENG OLOO vs KENYA COMMERCIAL BANK LIMITED [2002] KEHC 835 (KLR)
✦ The appeal is dismissed with costs.
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ZAMBEZI RITEY vs SAMPERU NKONGONI [2002] KEHC 1017 (KLR)
✦ The court directs fresh service upon the respondent through the court's process server, and requires the respondent to file and serve his replying affidavit or consent within 14 days.
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Z C B vs J B N B [2002] KEHC 296 (KLR)
✦ The marriage is dissolved, and a decree nisi issues to become absolute six months hence. The respondent has custody of the children, but the petitioner has free visitation rights.
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SIMON NJOROGE NDUNGU vs REPUBLIC…….. [2002] KEHC 463 (KLR)
✦ The prison sentence on each limb is reduced to a period served and the strokes to 2 strokes which be inflicted and the appellant be released forthwith thereafter.
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FRANCIS KARIUKI KINGORI vs REPUBLIC [2002] KEHC 490 (KLR)
✦ The appeal is allowed, conviction quashed, sentence set aside, and the appellant shall be released forthwith unless otherwise lawfully held.
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ZAINABU IMANI SHOKO vs ELIUD MUITA IKUA [2002] KEHC 302 (KLR)
✦ The court finds no consummation occurred, thus the marriage is invalid.
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HAMISI SHABAN .. vs REPUBLIC [2002] KEHC 152 (KLR)
✦ The maximum sentence of 3 years imprisonment is not appropriate. The sentence is set aside and substituted with a 12-month imprisonment from the date of the first conviction.
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GODFREY KIHIKA vs DANIEL ODHIAMBO DUNDI [2002] KEHC 861 (KLR)
✦ Appellant's application for stay of execution of Tribunal's order is dismissed