Kenyan case law
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DAVID GACHURU NGUGI v REPUBLIC [2008] KEHC 1617 (KLR)
✦ The appeal is allowed, conviction quashed, and sentence set aside.
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Menginya Salim Murgani v Kenya Revenue Authority [2008] KEHC 1568 (KLR)
✦ The Court found that the defendant had no right, in law, to terminate the plaintiff's employment due to the lack of a fair hearing and violation of the rules of natural justice.
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PETER ITHEBU MWANGI V REPUBLIC [2008] KEHC 85 (KLR)
✦ The appellant’s prosecution was undertaken in violation of his constitutional rights. The trial was thus defective and a nullity.
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Erastus Ndambuki Mutisya v Republic [2008] KEHC 3981 (KLR)
✦ The appellant is found guilty of corruption and sentenced accordingly.
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PETER ITHEBU MWANGI v REPUBLIC [2008] KEHC 3919 (KLR)
✦ The appellant's prosecution was undertaken in violation of his constitutional rights, and the trial was thus defective and a nullity.
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PONNUTHURAI BALAKUMAR V REPUBLIC [2008] KEHC 55 (KLR)
✦ The charge is quashed and the applicant is acquitted
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REPUBLIC v KABWESHA COSMAS SAMPA [2008] KEHC 952 (KLR)
✦ The accused's constitutional rights were not fundamentally breached. The Preliminary Objection is dismissed.
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L.W.W v T.C [2008] KEHC 1658 (KLR)
✦ The marriage is dissolved, and the respondent is ordered to pay costs.
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RIVERLAND LIMITED v RISING FREIGHT LIMITED [2008] KEHC 1482 (KLR)
✦ The Defendant is responsible for the loss of the goods due to the fraud of its servant and is liable for the Plaintiff's loss.
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JOSEPH MBURU GITAU & 626 OTHERS V THE COMMISSIONER OF POLICE [2008] KEHC 94 (KLR)
✦ The application is struck down due to the lack of personal service of the orders.
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DANIEL ADENYI v REPUBLIC [2008] KEHC 1129 (KLR)
✦ The appeal is allowed, conviction and sentence of death are quashed, and the appellant is set free
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HASSAN ALI MADAFU v REPUBLIC [2008] KEHC 1131 (KLR)
✦ We allow the appeal by quashing the conviction and setting aside the sentence of death. The appellant is hereby set free unless lawfully held.
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KENYA NATIONAL CAPITAL CORPORATION v CHIEF LAND REGISTRAR [2008] KEHC 1682 (KLR)
✦ The Chief Land Registrar is hereby directed to endorse the charges back in the Register from where he removed them in error.
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MOSES SOMOINE OLE SAKUDA v GEORGE SAITOTI & 2 others [2008] KEHC 1688 (KLR)
✦ Order for stay of proceedings pending appeal for 21 days
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In Re CK (a Minor) [2008] KEHC 1451 (KLR)
✦ The applicants are hereby forthwith authorized to adopt Baby CK and Baby GW, and the Registrar General is directed to enter these adoptions in the Register of Adoptions.
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NDIMA TEA FACTORY CO. LIMITED v KENYA TEA DEVELOPMENT AGENCY LTD [2008] KEHC 295 (KLR)
✦ The Management Agreement is null and void and inoperative, and the Defendant is not entitled to proceed with the application.
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DANIEL MAKAU NYINGI & 3 others v CITY COUNCIL OF NAIROBI [2008] KEHC 202 (KLR)
✦ The application is granted, the suit is dismissed for want of prosecution.
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JACOB MWAVULA v REPUBLIC [2008] KEHC 1133 (KLR)
✦ The court dismisses the appeal, finding that the prosecution's case was proved beyond reasonable doubt and that the contradictions in the testimonies do not affect the outcome.
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REPUBLIC v ERNEST SAKWA KWEYU [2008] KEHC 1123 (KLR)
✦ The preliminary objection is dismissed, and the case is directed to proceed to full hearing.
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MARGARET JOSEPH MUKUA v ATTORNEY GENERAL [2008] KEHC 1657 (KLR)
✦ The court finds that the plaintiff proved her claim of unlawful arrest and confinement and awards her a total sum of Kshs.400,000 including general damages and costs.
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PETER P.M. NDURURI V THE ATTORNEY GENERAL [2008] KEHC 67 (KLR)
✦ The court issues an order of mandamus in terms of prayers 1 & 2 of the Notice of Motion dated 20th April 2005.
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MBURU MUNGAI v MUMAKA CONSTRUCTION CO. LITD [2008] KEHC 1663 (KLR)
✦ The appeal is dismissed with costs as the plaintiff failed to prove his case against the defendant
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KANGIRI FARMERS CO-OPERATIVE SOCIETY LTD v COMMISSIONER FOR CO-OPERATIVE DEVELOPMENT [2008] KEHC 1681 (KLR)
✦ The court finds no merit in the application and dismisses it with costs going to the Respondent and Interested Parties.
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CHARLES LUTTA KASAMANI v DISCIPLINARY COMMITTEE [2008] KEHC 1580 (KLR)
✦ Leave to file Judicial Review proceedings is granted, but stay orders are declined.
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CREDIT CORPORATION LIMITED v ROWLAND AND WANGIRE NDEGWA trading as ROWLAND ASSOCIATES [2008] KEHC 194 (KLR)
✦ The application is allowed, and the defendant is granted the right to participate in the trial and cross-examine the plaintiff's witnesses.