Kenyan case law
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Joseph Gituku Wangai v Republic [2005] KEHC 2117 (KLR)
✦ The original trial was defective and there was a mistrial; the conviction and sentences are set aside
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RICHARD KARANJA MAINA V REPUBLIC [2005] KEHC 512 (KLR)
✦ The prosecution did not establish the charge of robbery with violence beyond reasonable doubt, and the conviction is quashed.
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In Re the Estate of M’Rwito Manga (Deceased) [2005] KEHC 2064 (KLR)
✦ Petitioner's preliminary objection is upheld, objector's objection proceedings are struck out with costs to the petitioner. Petitioner's application for confirmation of grant is allowed.
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Mugoya Construction & Engineering Ltd v National Social Security Fund Board of Trustees & another [2005] KEHC 3267 (KLR)
✦ The court orders the suit and all proceedings to be stayed and the parties referred to arbitration.
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Bernard Lukoye Airo v Republic [2005] KEHC 3152 (KLR)
✦ The appeal is dismissed and the sentence is confirmed.
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Alliance Media Kenya Ltd v Monier 2000 Limited [2005] KEHC 1761 (KLR)
✦ The court found that the plaintiff has proved a prima facie case and that the defendant's claim for damages cannot be the subject of a winding up petition.
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L. N. Momanyi t/a L. N. Momanyi & Co. Advocates v George W. Schultz [2005] KEHC 1459 (KLR)
✦ The court dismissed the application to set aside the dismissal order of the application dated 11-11-03.
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David Murungi & 5 others v Republic [2005] KEHC 1898 (KLR)
✦ The convictions for robbery with violence and burglary and stealing are upheld. The sentence of death is confirmed for robbery with violence. The conviction for burglary and stealing is quashed, and the sentences of 4 years are set aside.
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ABDALLA INDIMULI ISAAC v REPUBLIC [2005] KEHC 75 (KLR)
✦ The conviction for handling stolen goods is quashed and the sentence is set aside. The appellant shall be released and set free unless otherwise lawfully held.
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Abdalla Indimuli Isaac v Republic [2005] KEHC 1982 (KLR)
✦ The conviction and sentence are quashed. The appellant shall be released and set free unless otherwise lawfully held.
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In Re the Estate of Mwirichia Amwiri (Deceased) [2005] KEHC 2072 (KLR)
✦ Grant of letters of administration to petitioner revoked
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Benard Mule Mbuvi v Republic [2005] KEHC 3273 (KLR)
✦ The appeal is dismissed. The learned trial magistrate’s finding of fact is upheld.
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Alliance Media Kenya Ltd v Monier Limited [2005] KEHC 779 (KLR)
✦ The court found that the plaintiff has proved a prima facie case and that the defendant's claim for damages is not the subject of a winding up petition.
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Rajday Alal v Karimbhai & Quarbanlite Co. Ltd [2005] KEHC 1479 (KLR)
✦ The Defendant's application is allowed
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Justus Mulei Kituku T/A Kituku & Co. Advocates v Kenya Knitting & Weaving Mills Co. Ltd [2005] KEHC 3282 (KLR)
✦ Judgment is entered for the plaintiff against the defendant for Kshs 195,859.50 with interest at court rate from the date of suit until payment in full. The defendant shall pay the plaintiff's costs of the suit.
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Joshua Mwangi Maina v Hannah Muthoni Chege [2005] KEHC 2053 (KLR)
✦ The court finds that the respondent proved her case to the required standard for defamation and the appellant was liable.
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Benard Mule Mbuvi v Republic (Criminal Appeal 969 of 2003) [2005] KEHC 2125 (KLR) (Crim) (27 July 2005) (Judgment)
✦ The appeal is dismissed. The Appellant was found guilty of stealing by a person employed in the public service and handling stolen property. The evidence against the Appellant was circumstantial and credible, and there were no co-existing circumstances that could weaken the inference of guilt.
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Jadiel Muthike Njiru v Njagi Kithinji [2005] KEHC 1810 (KLR)
✦ The application is dismissed as there is no merit and the reasons given for the absence of the counsel are not substantiated and not satisfactory.
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KARIUKI NJUGUNA & 17 OTHERS V NGATHO KAIRU & 2 OTHERS [2005] KEHC 617 (KLR)
✦ The court held that the plaintiffs and defendants should be allowed to subdivide the land according to their agreement
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Mohamed Athman Mjahid v Gateway Insurance Company Limited [2005] KEHC 1472 (KLR)
✦ The defendant is obligated to pay the balance of the judgment sum to the plaintiffs under the insurance policy.
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Isaack Kinyanjui Njoroge v Savings & Loan (K) Limited [2005] KEHC 1929 (KLR)
✦ The court finds that there is one arguable cause of action regarding the effect of the unsigned security document. If the said documents are ultimately held to be invalid, the Plaintiff may prove that the bank did not have legal authority to exercise a statutory power of sale over the suit property. However, if such power had been exercised, the Defendant will be restrained from selling the property until the suit is heard and determined.
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Rashid Tabai v Republic [2005] KEHC 3148 (KLR)
✦ The sentence is reduced from 5 years imprisonment to 3 years imprisonment.
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Kariuki M’Ng’ondu alias Kariuki Josphat M’Ng’ondu v Philip Miriti & 2 others [2005] KEHC 1581 (KLR)
✦ The court finds the defendants 100% liable in negligence and awards Kshs. 1,500,000/= for pain, suffering, and loss of amenities.
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Registered Trustee of the Diocese of Mt. Kenya South Aglican Church of Kenya v Charles Wachira Ngundo [2005] KEHC 3270 (KLR)
✦ Defendant's defense is not a proper candidate for striking out, nor is this a proper case for the grant of summary judgment.
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Republic v Edmond Irungu Macharia [2005] KEHC 1978 (KLR)
✦ The court finds the evidence insufficient to prove the Accused's guilt beyond reasonable doubt and acquits him on both counts.