Kenyan case law
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ROSE WAKUTHII MWANGI NJUNU v EDWARD KITHINJI & 2 others [2008] KEHC 1240 (KLR)
✦ The plaintiff's application for disqualification of the court is dismissed. The plaintiff's application for stay of proceedings is also dismissed.
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NZILILI MUTHINGA v JULIUS MBILO MUINDE & another [2008] KEHC 1292 (KLR)
✦ The Application is without merit and is dismissed with costs.
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REPUBLIC v MAURICE BLAZIO ODHIAMBO [2008] KEHC 3804 (KLR)
✦ The trial is declared null and void abnitio, the information is quashed, and the accused is acquitted of the offence of murder.
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Abdul Munialo Sadik v Republic [2008] KEHC 3983 (KLR)
✦ The appeal is declared a mistrial, and the matter is listed for fresh hearing of the appeal against sentence.
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REPUBLIC v NELSON MURIMI KINYUA & another [2008] KEHC 1633 (KLR)
✦ The court finds that the accused's constitutional rights were violated and acquits both accused persons of the charge of murder.
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JOHN MURIU NGIGI v ALICE WAMBUI KAHONU [2008] KEHC 1607 (KLR)
✦ The court denies the application for leave to file an appeal out of time
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DAVID WAINAINA MUBEA v REPUBLIC [2008] KEHC 1632 (KLR)
✦ The appeal is allowed, and the appellant's conviction and sentence are quashed. The appellant shall be set free unless otherwise lawfully held.
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AVENUE FRESH PRODUCE LIMITED v VIJAY KUMAR SHAMJI PATEL (Civil Appeal 466 of 2008) [2008] KEHC 1603 (KLR) (24 September 2008) (Ruling)
✦ The appeal is valid as the Tribunal order is not an order capable of execution. The court has jurisdiction to grant a temporary injunction and an order for stay of execution pending appeal.
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PETER IRUNGU WAINAINA v NJUGUNA KIHARA [2008] KEHC 1474 (KLR)
✦ The suit fails and is hereby dismissed with no order as to costs.
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LUCAS WEKESA AUGUSTINE & another v REPUBLIC [2008] KEHC 946 (KLR)
✦ The convictions and death sentences are quashed, and the appellants are ordered to be set free
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JOSEPHINE NDANU v JOSHUA NZIVE MULWA [2008] KEHC 1308 (KLR)
✦ The application is dismissed with costs to the respondent
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In Re The Estate of Chege Kabiru (Deceased) [2008] KEHC 1255 (KLR)
✦ The Court finds the Objector did not prove her right to inherit as a 'wife' and dismisses the revocation summons. The estate is to be distributed between the Petitioner and Virginia Waceke Kabiru.
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REPUBLIC v MWALIMU M. CHIWAYA [2008] KEHC 1322 (KLR)
✦ The accused was unlawfully detained for 30 days, and his rights under Section 72(3) of the Constitution were violated.
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NYWERI DEVELOPMENT GROUP & 16 OTHERS v MATUMANI VENTURES LTD & another [2008] KEHC 1291 (KLR)
✦ Only paragraphs 6, 7, 16, and 17 of the Further Affidavit are expunged
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REPUBLIC v FRANCIS KIVAI KITONYI [2008] KEHC 1278 (KLR)
✦ The trial in the subordinate court was a nullity and the conviction and sentence are quashed. The appeal is allowed and the appellant shall be retried at the Machakos CM'S Court by anyone other than M.N. Gicheru Esq SPM.
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ALBERT GACHERU KIARIE t/a WAMAITU PRODUCTIONS v SIMON MUIRURI KIREHU t/a ONE STOP NDUTI MUSIC STORE [2008] KEHC 1646 (KLR)
✦ The court finds the defendant liable for copyright infringement and orders an inquiry into damages.
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NJOROGE & ANOTHER V CATHERINE WANJIKU KIHARA [2008] KEHC 121 (KLR)
✦ The grant issued to the respondent is revoked, and a grant is issued in favor of the applicant.
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REPUBLIC v ELIZABETH WANZA MUVEA & 2 others [2008] KEHC 1281 (KLR)
✦ The court finds the prosecution failed to prove guilt beyond reasonable doubt and acquits the accused persons
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REPUBLIC v MARTIN THIONG’O KIOI [2008] KEHC 1635 (KLR)
✦ The court finds and holds that a prima facie case has been made, and the accused is put to his defence.
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IRENE NADUPOI GITAU v STEPHEN KAMAU & another [2008] KEHC 842 (KLR)
✦ The plaintiff will prove, after being heard in a trial, that they are the beneficial owners of the suit property including the defendant.
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Njoroge Njagi v Catherine Wanjiku Kihara ( In Re the Estate of Daniel Githinji Njoroge) [2008] KEHC 1516 (KLR)
✦ The grant issued to the respondent is revoked and a grant is issued to the applicant
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DAVID WANJOKI WAMUGI v MUHOTETU FARMERS CO. LTD [2008] KEHC 1636 (KLR)
✦ The plaintiff did not ballot for plot No. 507, failed to prove his entitlement to the third share, and did not sell 8 acres with the defendant's full knowledge.
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MANCA FRANCESCO v REGISTRAR OF TITLES MOMBASA & another [2008] KEHC 891 (KLR)
✦ Court dismisses the Notice of Motion and orders each party to bear their own costs
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DAVID WANJOKI WAMUGI v MUHOTETU FARMERS CO. LTD (Civil Suit 120 of 2001) [2008] KEHC 1637 (KLR) (23 September 2008) (Judgment)
✦ The plaintiff did not ballot for plot No. 507, failed to prove his entitlement to the third share, and did not sell 8 acres of plot 507 with full knowledge of the defendant. The plaintiff's case is dismissed with costs to the defendant.
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NOAH NJOGU MBUGUA v REPUBLIC [2008] KEHC 1280 (KLR)
✦ The court finds that the applicant was not unlawfully detained and that his continued detention is not unconstitutional.