Kenyan case law
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Katiba Institute v Presidents Delivery Unit & 3 others (Constitutional Petition 468 of 2017) [2017] KEHC 2183 (KLR) (Constitutional and Human Rights) (8 November 2017) (Judgment)
✦ The respondents violated the petitioner’s right of access to information
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Republic v Wilberforce Kosgei Bett [2017] KEHC 2573 (KLR)
✦ The renewed application for bail is rejected due to the likelihood of witness interference and confrontation with family members and the community.
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Joseph Mwangi Njoroge v Republic (Criminal Appeal 314 of 2012) [2017] KEHC 9714 (KLR) (Crim) (8 November 2017) (Judgment)
✦ The court found that the appellant's right to a fair trial was not violated, and that the prosecution case was not proved beyond a reasonable doubt.
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Jacob Orechi Nyakundi v Republic (Criminal Revision 68 of 2016) [2017] KEHC 9717 (KLR) (Crim) (8 November 2017) (Ruling)
✦ The application is struck out as it is overtaken by events.
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Mohamed Abdi Maalim & 2 others v Cabinet Secretary Minister of Interior and Co-ordination of National Government & 3 others [2017] KEHC 1971 (KLR)
✦ Allow the petition, grant a permanent order of prohibition against respondents from causing any illegal, forceful and unlawful removal, eviction and relocation of the current residents of Bakala location.
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Patrick Musau Ksyula v Clara Amisi Abu (Suing through next Friend Patricia Muthina Abu Mukhobi) & another [2017] KEHC 1464 (KLR)
✦ The application for stay of execution of the judgment is dismissed.
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Benson Musumbi v Republic [2017] KEHC 1855 (KLR)
✦ The court declines to grant bail pending appeal and dismisses the application, ordering the accused to stay in custody until his appeal is heard.
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Jeremiah Kirimi Mutungi v Gideon Kaumbuthu Meenye & another [2017] KEHC 1926 (KLR)
✦ Inhibition orders will remain in effect until the court ascertains whether the numbers refer to the same land. The court will issue directions for the Land Registrar and Mariara Farmers Co-operative Society Ltd to provide records and details.
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Mwahima Mwalimu Masudi v Independent Electoral and Boundaries Commission & 3 others [2017] KEHC 2258 (KLR)
✦ The court finds that the responses should be deemed as duly filed and the time for filing them should not be extended.
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Republic v University of Nairobi Exparte Bargorett Victor Kiprop [2017] KEHC 931 (KLR)
✦ The applicant's suspension and expulsion were quashed, and the applicant was ordered to be readmitted to the university and to fulfill the laid down conditions for accommodation.
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Peter Waihiga Kabiru & 2 opthers v Republic [2017] KEHC 2310 (KLR)
✦ The appeal is allowed. The conviction is quashed. Each of the sentences meted against the appellants is set aside. The appellants are to be set free.
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Republic v Robert Kiprotich Koech [2017] KEHC 496 (KLR)
✦ The accused is found guilty of murder.
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Taziana Rwamb A Mosongo v Republic [2017] KEHC 765 (KLR)
✦ The court allows the application for review and releases the applicant on bond of Kshs.100,000/= with one surety or cash bail of Kshs.50,000/=
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Elias Munene Muchira v Republic [2017] KEHC 2343 (KLR)
✦ The appellant's appeal is dismissed. The trial court's sentence is confirmed.
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Muthoni Mugo v James Osiebe & another [2017] KEHC 9589 (KLR)
✦ The application is allowed and the Plaintiff/Applicant is granted leave to proceed with the suit despite the initial suit being filed out of time, leave to amend the plaint, and costs are provided for.
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John Okal Ogwayo & another v Peter W. Masinde & 2 others [2017] KEHC 9745 (KLR)
✦ The suit is dismissed with costs, but the Plaintiffs are ordered to fix the suit for pre-trial directions within 60 days from the date of the judgment.
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Mwahima Mwalimu Masudi v Independent Electoral and Boundaries Commission & 3 others [2017] KEHC 2262 (KLR)
✦ The court will order for the scrutiny of the ballot material.
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Republic v Kennedy Muriera John [2017] KEHC 1944 (KLR)
✦ The second accused is admitted to bond with a bond of KShs.250,000/- with a surety of a similar amount.
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Omar Jibril Mohamed v County Governor, Mandera County & 3 others [2017] KEHC 2130 (KLR)
✦ The petition is dismissed as the petitioner failed to give any facts to support his case or allegations.
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A.O.Basid Limited v Takaful Insurance of Africa [2017] KEHC 9595 (KLR)
✦ The application is dismissed with costs in cause.
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Caleb Wanjohi Mwangi t/a Anica Wood Agencies v Kenya Farmers Association Limited (KFA) & 2 others [2017] KEHC 2292 (KLR)
✦ The court held that the Chief Magistrate's Court's order is enforceable and that the lease of the premises by KFA to Elizabeth Kanyungu is in breach of the order.
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Julie Opon Adele v Danson Ng’ang’a Njuguna [2017] KEHC 1661 (KLR)
✦ The Appellant is 90% liable for the accident. The award of Kshs. 150,000 in general damages is set aside and substituted with Kshs. 100,000. The award of Kshs. 2,200 in special damages is set aside and substituted with Kshs. 2,000.
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Joseph Wanjohi Irungu v Albert Kihianyu Gikaria & another [2017] KEHC 1660 (KLR)
✦ The application is dismissed with costs as the appellant has not established substantial loss and no sufficient security has been offered.
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Moses Githinji Mbaya & another v Republic [2017] KEHC 2328 (KLR)
✦ The conviction and sentence are upheld. The second ground of appeal is rejected as the prosecution proved the ingredient of robbery with violence. The theft and violence were jointly committed by Moses and Charles.
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Pekatewa Investments Company Limited v NIC Bank Limited [2017] KEHC 9611 (KLR)
✦ The judgment should be set aside and the amended defence admitted as the Defendant filed the amended defence out of time.