Kenyan case law
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BERNARD K. MASAKU v REPUBLIC [2008] KEHC 3911 (KLR)
✦ The conviction is unsafe and the appeal is allowed, quashing the conviction for robbery with violence and setting aside the sentence of death.
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MINT HOLDINGS LIMITED v KENYA RAILWAYS CORPORATION & 5 others [2008] KEHC 1602 (KLR)
✦ The preliminary objection is overruled, and the application for certification as urgent and substituted service is granted.
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DENNIS KIMBUI & another v LUCY GACHERI MBURUGU [2008] KEHC 3819 (KLR)
✦ The court issued an order for stay of execution pending appeal with conditions
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KENYA ASSOCIATION OF AIR OPERATORS v DIRECTOR GENERAL KENYA CIVIL AVIATION AUTHORITY & another [2008] KEHC 1669 (KLR)
✦ Application dismissed, costs awarded to respondents
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MASTERMIND TOBACCO (K) LIMITED v ATTORNEY GENERAL [2008] KEHC 1574 (KLR)
✦ The Tobacco Control Act 2007 is declared unconstitutional, null and void.
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REPUBLIC v DAVID MAULA MAKAYAU & 2 others [2008] KEHC 1277 (KLR)
✦ The High Court cannot interfere in a part-heard criminal case due to the complainant's death, as it is the trial court's responsibility to weigh evidence. The issue of a first report for Count II is a matter of evidence to be presented before the trial court.
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REPUBLIC v BONIFACE WAMBUA KYANGU [2008] KEHC 1275 (KLR)
✦ The court finds a prima facie case against the accused and orders their respective defences to be placed.
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REPUBLIC v TAUSI SAID HASSAN [2008] KEHC 1284 (KLR)
✦ The accused is acquitted as there is insufficient evidence to establish a connection between her actions and the deceased's injuries and death.
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DUNCAN KAMBA KATABWA v KITUI EASTERN BUS SERVICES & another [2008] KEHC 1229 (KLR)
✦ The application to raise the attachment of goods and refund the Kshs. 200,000 paid to Jogan Dries Services is allowed. Motor vehicle KBB 333 G is released to its lawful owner Francis Mwangangi without cost to the objectors.
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PAUL TATIZO MUSAI & another v REPUBLIC [2008] KEHC 3798 (KLR)
✦ The sentences of imprisonment for both accused should run consecutively with the fines.
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Republic v Stojananovic Milan & another [2008] KEHC 12 (KLR)
✦ The tape in issue is not admissible in evidence due to the missing link in the chain of custody and the lack of evidence regarding its safe custody.
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NANGA KIHOTO/NAIVASHA LTD & 7 others v GABRIEL KABURU KAGUNYA & 6 others [2008] KEHC 1904 (KLR)
✦ The application is dismissed with costs to the defendants.
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BEATRICE E. J. YAGAN v JOSEPH YATOR [2008] KEHC 1903 (KLR)
✦ The application is dismissed with costs, and execution of the decree proceeds.
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AGGREY NDOMBI & another v GRACE OMBARA [2008] KEHC 2059 (KLR)
✦ The court found that the change of advocates was improperly made without court leave and struck out the notice of change of advocates. The application for stay of execution pending appeal was not heard.
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Julius Njire Muraya & another v Royal Media Services Limited & another [2008] KEHC 2007 (KLR)
✦ The court awards Kshs 4 million in general damages and Kshs 1 million in aggravated damages to the plaintiffs for defamation.
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ANTHONY MUGO MACHARIA & another v REPUBLIC [2008] KEHC 1674 (KLR)
✦ The appeals are allowed, the conviction is quashed, and the sentence of death is set aside. The appellants are ordered to be set at liberty.
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REPUBLIC v ALFRED KITSAO KAZUNGU [2008] KEHC 1401 (KLR)
✦ The accused is sentenced to six (6) months imprisonment to enable him to reflect on his past and future life.
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DICKSON NDWIGA v REPUBLIC [2008] KEHC 1673 (KLR)
✦ The evidence was sufficient to prove the offence beyond reasonable doubt, and there was no question of mistaken identity.
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EJIDIO MURAGE v REPUBLIC [2008] KEHC 1672 (KLR)
✦ The appeal is allowed, conviction and sentence of death are quashed, and the appellant is set at liberty.
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MELTON LENKAKURRO & 6 others v TAIKO MORIATI & 3 others [2008] KEHC 905 (KLR)
✦ The court declared the registration of the land parcel LTK/Entarara/145 in the defendants' names null and void.
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MELTON LENKAKURRO & 6 others v TAIKO MORIATI & 3 others [2008] KEHC 1446 (KLR)
✦ The plaintiffs are the rightful owners of the land parcel P/145.
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CASEMENT INDUSTRIES LIMITED v ATTORNEY-GENERAL & 7 others [2008] KEHC 219 (KLR)
✦ The court dismissed the application.
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DONALD OPEMI v REPUBLIC [2008] KEHC 2001 (KLR)
✦ The Appellant was found guilty of defilement and sentenced to seven (7) years imprisonment.
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JOSEPH MUTUA KYENZE v CLIFF ONGERI ONDARI & 2 others [2008] KEHC 899 (KLR)
✦ The court finds that the plaintiff was the lawful owner of the property and that the defendants fraudulently caused the transfer.
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REPUBLIC v BENARD KARIUKI NAMU [2008] KEHC 1687 (KLR)
✦ The court finds that the accused was not sane at the time of the incident due to his mental illness and acquits him of the charge.