Kenyan case law
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REPUBLIC v LAND ADJUDICATION OFFICER IGEMBE/TIGANIA DISTRICT [2009] KEHC 794 (KLR)
✦ The ex parte applicant's application is merited, and the decision of the Adjudication Officer is quashed and the matter remanded for reconsideration with the aid of a committee.
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REPUBLIC v MARY KARUGIRA M’MUTUNGI & 2 others Ex-parte JULIUS KAREMANU JOEL & 3 others [2009] KEHC 795 (KLR)
✦ The ex parte applicants are entitled to an order of certiorari to quash the decision of Meru Central Land Dispute Tribunal No. 7 of 2005.
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REPUBLIC v CHAIRMAN MERU CENTRAL LAND DISTRICT TRIBUNAL & 3 others [2009] KEHC 1757 (KLR)
✦ The ex parte application is dismissed with costs to the interested party. The orders of stay of proceedings are lifted and vacated.
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REUBEN NJOROGE v REPUBLIC [2009] KEHC 1177 (KLR)
✦ The appeal is allowed, conviction and sentence quashed, appellant set at liberty
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PATEL MUKESH BHAI AMBALAL v REPUBLIC [2009] KEHC 1175 (KLR)
✦ The conviction for handling stolen goods is quashed and the sentence set aside. The fine is reinstituted to the appellant.
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REPUBLIC v JACKSON KITHINJI BURUKI [2009] KEHC 2040 (KLR)
✦ The court finds that the accused's constitutional rights were not violated and dismisses the preliminary objection.
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BETH WANJIRU MULINGE v JAMES MUTONGA MULINGE [2009] KEHC 1675 (KLR)
✦ The Taxing Master's decision was overturned, and the application for taxation of the bill of costs was dismissed.
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M’MBWIRIA M’ARACHI v M’MUKIRI M’ARIMI & 3 OTHERS [2009] KEHC 1959 (KLR)
✦ The learned magistrate’s judgment is upheld, and the appellant’s appeal is dismissed with costs.
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ANN W MWANGI v TOWN CLERK [2009] KEHC 1870 (KLR)
✦ The application is dismissed with costs as the Applicant failed to satisfy the court that the Town Clerk has been served with the court order or is aware of the court order.
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JOSEPH KIMUTAI CHEMUREN v ALFRED ASUNGA MUREVE [2009] KEHC 1572 (KLR)
✦ The appeal is dismissed with costs to the respondent. The award of KShs.500,000/= less 20% contribution by the trial court shall not be interfered with.
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JOSEPH MBAYA v HERMAN LUVANDALE LUVASI [2009] KEHC 409 (KLR)
✦ The court did not stay the proceedings in Butali Court and instead consolidated the cases for simultaneous hearing.
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REPUBLIC v SAMWEL MWIRIGI NKANATA [2009] KEHC 2041 (KLR)
✦ The accused's constitutional rights were violated, and the trial cannot continue due to the delay.
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AMALGAMATED SAWMILLS LIMITED v LUCY WANJIKU NDUNGU [2009] KEHC 1142 (KLR)
✦ The appeal is allowed, and the judgment and decree of the lower court are set aside. The suit is dismissed.
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JOSEPH MBAYA V HERMAN LUVANDALE LUVASI [2009] KEHC 368 (KLR)
✦ The court did not stay the proceedings in Butali Court and instead transferred the case to this court for simultaneous hearing of both claims.
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CMC MOTOR GROUP LIMITED & another v THE SENIOR PRINCIPAL MAGISTRATE (MILIMANI COMMERCIAL COURTS) [2009] KEHC 1871 (KLR)
✦ Application dismissed with costs
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REPUBLIC v REGISTRAR OF POLITICAL PARTIES EX-PARTE HARKMAN MUIRURI MUNIU INTERIM CHAIRMAN) PROPOSED KENYA AFRICAN MAU MAU UNION & 2 others [2009] KEHC 1878 (KLR)
✦ The application is dismissed with each party bearing their own costs.
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In Re The Estate of George Gichura Gaturu (Deceased) [2009] KEHC 878 (KLR)
✦ The will is declared invalid and illegal, and a grant of confirmation is issued to the Public Trustee. The properties are distributed between the widows and their children.
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REPUBLIC v LAND DISPUTES TRIBUNAL, MARAGUA & another [2009] KEHC 1741 (KLR)
✦ The court allowed the motion and quashed the award of the Land Disputes Tribunal and the proceedings in Kigumo Senior Resident Magistrate's L.D.T. Case Number 6 of 2007, finding that the Land Disputes Tribunal acted in excess of its mandate.
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MURAD EBRAHIM MURAD & another v KENYA COMMERCIAL BANK LTD & another [2009] KEHC 2464 (KLR)
✦ The application is granted, and the orders made dismissing the applications dated 25th March 2008 and the other setting down the application dated 19th October 2009 are set aside.
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SAMUEL WAMUTU WAIGANJO v ZOHRA BARAKA & another [2009] KEHC 1929 (KLR)
✦ The trial magistrate's judgment was set aside, and the appellant is awarded Kshs.513,845 for the goods sold and delivered.
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CRISPIN MAGIMA NDORIA & 3 others v JOSEPH MWANIKI NJAGI & 2 others [2009] KEHC 1838 (KLR)
✦ The application is dismissed with costs to the Plaintiffs
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ELISTONE MBELA & 20 others v 1. JAMES RUITHA, MANAGING DIRECTOR, NATIONAL HOUSING CORPORATION & 2 others [2009] KEHC 1117 (KLR)
✦ The court ordered the Respondents to reinstate and put David Mbogho back to possession and occupation of his premises, and to submit an account of all fees received from the Applicant for 'distraining fees'.
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PENINAH WANGARI MURACHIA v COSMOS LIMITED & another [2009] KEHC 1927 (KLR)
✦ The appeal is dismissed with costs.
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MOHAMMED ASHRAF SADIQUE & another v MATTHEW OSEKO T/A OSEKO AND COMPANY ADVOCATES [2009] KEHC 1812 (KLR)
✦ The court found the applicants' advocates guilty of contempt of court and ordered them to serve prison sentences or fines.
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REPUBLIC v PETER KURIA KABURU [2009] KEHC 1801 (KLR)
✦ The accused is convicted of murder, and the court declines to acquit him due to the violation of his constitutional rights. The court orders that the accused be punished for the offense and that the police compensate him for the violation of his rights.