Kenyan case law
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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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David Rakoi Ole Kuronoi v Morosua Ole Kodonyo [2012] KEHC 1912 (KLR)
✦ The injunctive orders are set aside, and the status quo is maintained pending the hearing and determination of the suit.
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ELIZABETH NJERI HINGA & ANOTHER V NATIONAL ENVIRONMENTAL MANAGEMENT AUTHORITY & ANOTHER EXPARTE ELIZABETH NJERI HINGA & ANOTHER [2012] KEHC 1681 (KLR)
✦ The court has jurisdiction to hear and determine the application for extension of time, as the applicants have invoked both Order 50 Rule 6 and Order 51 Rule I of the Civil Procedure Rules and the inherent powers of the court.
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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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DELAMERE ESTATES LIMITED V G4S SECURITY SERVICES LIMITED [2012] KEHC 1220 (KLR)
✦ The court will exercise its discretion in the appellant's favour and order that this matter be set down for hearing within the next 6 months from today's date, failing which the appeal will stand dismissed.
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AKAMBA PUBLIC ROAD SERVICES LTD v MARGARET MODANI MUSALIA (Civil Appeal 655 of 2008) [2012] KEHC 1713 (KLR) (12 October 2012)
✦ The court upheld the special damages award of Ksh.1600/- but reduced the general damages award to Ksh.300,000/-.
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PETER MWANGI KIGOTHO V REPUBLIC [2012] KEHC 680 (KLR)
✦ The declaration of dangerous sexual offender is set aside. The sentence of fifteen years is reduced to ten years.
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AKAMBA PUBLIC ROAD SERVICES LTD v MARGARET MODANI MUSALIA [2012] KEHC 1730 (KLR)
✦ The court upheld the award of Ksh.600,000/- as general damages for pain and suffering and loss of amenities, considering it within limits set by other decided cases and within the financial capacity of Kenyans.
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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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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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Daniel Mumos Kabuga V Republic [2012] KEHC 1953 (KLR)
✦ The conviction is upheld, and the sentence is confirmed.
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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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REPUBLIC V UASIN GISHU LAND DISPUTES TRIBUNAL THRO’ THE ATTORNEY GENERAL & ANOTHER EXPARTE MORRIS SHIKUKU & ANOTHER [2012] KEHC 1007 (KLR)
✦ The court finds that the Tribunal acted within its mandate and there are no compelling reasons to issue the order for certiorari as prayed for in the Notice of Motion.
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BELISI K. ASENA V JAPHET ISINGA [2012] KEHC 1311 (KLR)
✦ The court allows the application for a temporary injunction to restrain the defendant from evicting the plaintiff from the portion of land she occupies and uses, pending the hearing of the main suit.
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REPUBLIC V INSPECTOR GENERAL(STATE CORPORATIONS) EX-PARTE ISAIAH F KIPLAGAT [2012] KEHC 1758 (KLR)
✦ The application fails and is dismissed with costs to the respondent
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LG ELECTRONICS AFRICA LOGISTICS FZE V CHARLES KIMARI [2012] KEHC 5548 (KLR)
✦ Order granted
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Karisa Safari v Republic (Criminal Appeal 115 of 2010) [2012] KEHC 1996 (KLR) (11 October 2012) (Judgment)
✦ The conviction and sentence are upheld
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INTEGRATED CCTV SECURITY LTD v KENYA AIRPORTS AUTHORITY (Civil Suit 590 of 2012) [2012] KEHC 1718 (KLR) (11 October 2012)
✦ The court directs a joint valuation of the work done by the Plaintiff under the agreement with the Defendant, with the costs to be covered by the respective parties.
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Samuel Mwangi Wanjama v Josphine Wanjuri Riunge [2012] KEHC 1790 (KLR)
✦ The court orders that the suit land be distributed as follows: the objector 1.4 acres and the petitioner 0.6 acres.
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IN THE MATTER OF BABY A.C [2012] KEHC 1688 (KLR)
✦ The court is unable to render a judgement due to lack of evidence of the applicants' financial status and living conditions.
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HARRISON MUNDIA KABURU v REPUBLIC (Criminal Appeal 117 of 2011) [2012] KEHC 1809 (KLR) (11 October 2012) (Ruling)
✦ The application for bail pending appeal is allowed and the appellant is granted bond of Ksh. 500,000/- with one surety of like amount in the alternative the same may be released on cash bail of Ksh. 250,000/-
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David Langat V St. Lukes Orthopaedic and TraumaHospital Limited & 2 others [2012] KEHC 1975 (KLR)
✦ The Court restrained the Second Defendant from interfering with the Third Defendant's financial facility with Ecobank Kenya Limited and from carrying out the First Defendant's business/operations from the Third Defendant's hospital premises.
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Ongera Moguche v State [2012] KEHC 1819 (KLR)
✦ The appeal is dismissed. The sentence of 2 years imprisonment is neither harsh nor excessive.
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Republic v Business Premises Rent Tribunal [2012] KEHC 1789 (KLR)
✦ The stay orders were obtained by concealment of material facts and are hereby set aside.
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Mark Matori Ondienga v Republic [2012] KEHC 1835 (KLR)
✦ The appeal is dismissed as the evidence supports the conviction for obtaining money by false pretenses