Kenyan case law
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ROBERT KARIUKI WACHURI & ANOTHER V REPUBLIC [2012] KEHC 1546 (KLR)
✦ Affirm conviction for robbery with violence, quash conviction for possession of firearms, set aside death sentence for possession of firearms, confirm death sentence for robbery with violence.
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IN THE MATTER OF BABY S.N (Adoption Cause 103 of 2012) [2012] KEHC 1621 (KLR) (Family) (12 October 2012) (Judgment)
✦ The applicants are granted the authority to adopt Baby S.N.
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Basil Criticos v Attorney General & 8 others & 4 others [2012] KEHC 1480 (KLR)
✦ Conservatory orders are issued to prevent the Respondents from subdividing, allotting, or dealing with the Petitioner's land LR No. 5865.
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REPUBLIC V DISTRICT CRIMINAL INVESTIGATION OFFICER- KILINDINI EXPARTE MUSAZI DENON [2012] KEHC 672 (KLR)
✦ The application is allowed, and the judgment in No. 108 of 2010 is applied to 107 of 2010 and 109 of 2010.
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NZOIA SUGAR COMPANY v ATTORNEY GENERAL [2012] KEHC 5544 (KLR)
✦ The judges of the former Industrial Court are State Officers and the provisions of the Constitution, including Article 74, apply to them. The award is declared unconstitutional.
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MOLO MOUNT MINERAL WATER LIMITED V INDUSTRIAL DEVELOPMENT BANK LIMITED [2012] KEHC 1345 (KLR)
✦ The Plaintiff's suit is hereby dismissed with costs to the Defendant.
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Orbit Chemical Industries Ltd v Attorney – General [2012] KEHC 1901 (KLR)
✦ The court dismissed the plaintiff's application to remove squatters and pay damages or compensation, finding that the registration of the caveat was lawful and that the plaintiff's claim for damages or compensation is not warranted.
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DAVID MUNGAI KARIUKI V REPUBLIC [2012] KEHC 1990 (KLR)
✦ The court dismissed the appeal as having no merit, confirming the trial court's sentence and extent thereof as legal and appropriate.
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Mugure Mahinda v Ali Mohammed Farah [2012] KEHC 1910 (KLR)
✦ The proper order to make is that the Appellant deposit the sum of Ksh 828,098/= together with accrued interest to 31.10.2012 into court within 60 days of the date hereof.
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Republic v Boniface Kyalo Ngemu [2012] KEHC 1959 (KLR)
✦ The court sentences the accused to serve six (6) years imprisonment.
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Elijah Gatehi Ndirangu v Eustace Gitonga Warutere [2012] KEHC 1998 (KLR)
✦ The Defendant was not duly and personally served with hearing notice for 1st November 2010, and the case shall proceed to hearing in the normal course of events.
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Republic v Kasaine Lankas [2012] KEHC 1971 (KLR)
✦ The court finds there is no prima facie evidence to put the accused to his defence and acquits him of the offence of murder.
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Kanyike Ole Sadera & another v Raphael Lekishon Koikai [2012] KEHC 1807 (KLR)
✦ The court will examine the evidence on the plaintiffs' claims and the defendant's defense.
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Muchoki Mwangi & another v Charles Wainaina F.Mungai [2012] KEHC 8 (KLR)
✦ The court dismissed the objection and granted the petition for letters of administration.
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John Waweru Wanjohi & 27 others v Attorney General & 6 others [2012] KEHC 5557 (KLR)
✦ The court found that the composition of the National Land Commission did not adequately reflect the regional and ethnic diversity required by the Constitution.
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Margaret Wanjiru Mburu & 3 Others v Kenya Commercial Bank & 2 others [2012] KEHC 1855 (KLR)
✦ The stay orders do not bar the filing of the present suit for purposes of collection of the deceased's assets. However, the distribution of the assets must be done by the duly appointed legal representatives of the estate.
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Republic V James Musau Kakui [2012] KEHC 1961 (KLR)
✦ The accused is discharged and released, unless otherwise lawfully held
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REPUBLIC V KENYA REVENUE AUTHORITY EX-PARTE BOAZ MAKOMERE & 2 OTHERS [2012] KEHC 1932 (KLR)
✦ The prayer for stay is declined. Costs are awarded to the Respondent and Interested Party. The Ex-parte Applicant can move Court for an early hearing of the main motion.
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Paul Kioko v Samuel G. Karinga & 2 others [2012] KEHC 1806 (KLR)
✦ The court finds that the plaintiff has capacity to sue and that the defendants are properly sued. Juma Hamisi and Afro Train (TZ) Limited are found to be 70% responsible for the accident. The court awards special damages and general damages to the plaintiff.
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ANDERS BRUEL T/A QUEENSCROSS AVIATION V KENYA CIVIL AVIATION AUTHORITY & ANOTHER [2012] KEHC 1979 (KLR)
✦ The court finds no merit in the application and dismisses the petition.
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REPUBLIC V RESIDENT MAGISTRATE NAKURU LAW COURTS & 2 OTHERS [2012] KEHC 1563 (KLR)
✦ An order of certiorari is issued to quash the decision of the Resident Magistrate Nkur Law Courts, and the Applicants and Interested Party are directed to apply to the Land Registrar to ascertain and fix the proper boundaries for the respective parcels of land.
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Samuel Gashegwa Waithera v Republic [2012] KEHC 1958 (KLR)
✦ The conviction is set aside and the appellant is released forthwith, unless otherwise lawfully held.
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MENENGAI OIL REFINERIES LTD V JEREMIAH MWAURA WANDETO [2012] KEHC 1344 (KLR)
✦ Affirming the liability of the appellant and the quantum of damages
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SAID ABDALLA AZUBEDI V TRUST BANK LTD [2012] KEHC 1214 (KLR)
✦ The application for stay of execution of the judgment is granted with conditions
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HOPEWELL HIGH SCHOOL LIMITED v MINISTRY OF EDUCATION & 2 OTHERS [2012] KEHC 1825 (KLR)
✦ The closure notice is quashed as it was not issued by the Minister and is therefore void ab initio.