Kenyan case law
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CARZAN FLOWERS (KENYA) LTD & 2 others v TARSAL KOOS MINCK B. V & 4 others [2009] KEHC 1677 (KLR)
✦ Arbitration clause exists and proceedings are stayed pending arbitration
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SERPHINE ANYANGO ANDURU & another v ANGELINE ANDURU & 2 others (Miscellaneous Succession Cause 290 of 2007) [2009] KEHC 1387 (KLR) (25 September 2009) (Ruling)
✦ The application is dismissed with costs. The firm of Rodi, Orege & Company Advocates is not disqualified from acting for the respondents.
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M’MAKINYA M’ITUNGA v KARUNTIMI RAIJI [2009] KEHC 1908 (KLR)
✦ The court finds that the plaintiff's claim of adverse possession is valid and declares that he owns the lower side of the suit property. The defendant is ordered to register the lower portion in the plaintiff's estate and the upper portion in the defendant's name.
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CITY COUNCIL OF NAIROBI v JOEL KANI OLE SIKAMOI [2009] KEHC 1636 (KLR)
✦ The application is granted
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REPUBLIC v JUDITH NANCY GACHERI MWANGI [2009] KEHC 2039 (KLR)
✦ The court finds that Charles Mwangi Kinyua is a competent and compellable witness for the prosecution.
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REPUBLIC v PERMANENT SECRETARY MINISTRY OF PUBLIC HEALTH AND SANITATION & 2 others [2009] KEHC 1743 (KLR)
✦ The charge sheet and proceedings in Criminal Case No. M269A/08 REP V LANDLORD TRANSNATIONAL PLAZA are hereby quashed by an order of certiorari. The other prayers are refused.
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REPUBLIC v PERMANENT SECRETARY, MINISTRY OF LANDS & HOUSING Ex-parte VIJAY MORJARIA [2009] KEHC 1393 (KLR)
✦ The application fails and is dismissed as the High Court in Kenya can only issue orders, not writs, in matters of judicial review.
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REPUBLIC v LAWRENCE OMONDI OKELLO & another [2009] KEHC 1179 (KLR)
✦ The court acquits the accused of murder, finding that their constitutional rights were violated due to the delay in bringing them to court.
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REPUBLIC v DIVISIONAL LAND DISPUTE TRIBUNAL NORTH KINANGOP & another Ex-parte NAHASHON MUKUNDI NGUNYI [2009] KEHC 928 (KLR)
✦ The court declines to rule on the motion and directs the applicant to serve the Attorney General as appropriate.
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BETH WANJIRU MBATIA v HENRY MUIRURI KUNGU [2009] KEHC 888 (KLR)
✦ The appeal is dismissed with costs to the Plaintiff/Respondent
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REPUBLIC v GRACE KEMUNTO KOGERO [2009] KEHC 1188 (KLR)
✦ The appeal is allowed, and the respondent is convicted of all four counts. The seized drugs are forfeited to the state.
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DAVID NJUNU MBIYU & 2 others v WHEAT & BARLEY FIELDS LIMITED & another [2009] KEHC 1956 (KLR)
✦ The application is dismissed. The judgment is not defective. The defendants' failure to file a defence was not due to inadvertence. The defendants are not granted leave to defend the suit.
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REPUBLIC v JUDITH NANCY GACHERI MWANGI [2009] KEHC 2051 (KLR)
✦ The court found that there was no clear evidence to prove a marriage between the accused and Charles Mwangi Kinyua, and thus Charles Mwangi Kinyua was a competent and compellable witness for the prosecution.
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JAMES MUNUTHI WATHINGIRA & another v STEPHEN MUCHIRI KARIUKI & 2 others [2009] KEHC 1693 (KLR)
✦ The Plaintiffs' application is without merit and is dismissed in its entirety with costs to the Defendants.
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REPUBLIC v PASCAL WAITHAKA WARUGU [2009] KEHC 1180 (KLR)
✦ The court acquits the accused of murder and sets him at liberty unless otherwise lawfully held.
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PETER WARUINGE KAGUNDA v REPUBLIC [2009] KEHC 1585 (KLR)
✦ The court grants the application for bail and suspension of the applicant's sentence pending the hearing and determination of the appeal.
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PHOEBE WANGUI KAMORE v JAMES KAMORE NJOMO [2009] KEHC 1885 (KLR)
✦ The Defendant is ordered to pay the Plaintiff KShs. 335,000/00 for arrears of maintenance and interest, with costs to be borne by the parties.
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JACKSON ODUOR OTIENO v REPUBLIC [2009] KEHC 1391 (KLR)
✦ The appeal is dismissed.
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NOAH NJUGUNA GATHENGE v TERESIAH WANINI KIBUE & another [2009] KEHC 1612 (KLR)
✦ The court granted the plaintiff's application for an order restraining the defendants from burying the deceased on the plaintiff's land.
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SAFARI LUXURY SHUTTLE LIMITED v MUNICIPAL COUNCIL OF NAKURU [2009] KEHC 1397 (KLR)
✦ The application is dismissed with costs to the respondent.
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ALICE MUGECHI MWICIGI v ATTORNEY GENERAL & another [2009] KEHC 4245 (KLR)
✦ The court declares that the petitioner's constitutional rights have been violated and dismisses the charges against her.
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KIPKOECH KANGOGO & 98 others v BOARD OF GOVERNORS & 2 others [2009] KEHC 694 (KLR)
✦ Allow the application to enjoin Daniel Toroitich Arap Moi, Jonathan Kipkemboi Moi, and Joshua Kulei as interested parties to the petition.
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M’NYERI RIMUNYA v MUKIRI W/O ZABLON & another [2009] KEHC 1958 (KLR)
✦ The court finds the plaintiff more than proved his case on a balance of probability and orders the defendants to give vacant possession of the land within 30 days. If they fail, an eviction order will be issued against both defendants.
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KENNETH NDUNG’U v ATTORNEY GENERAL & KISHOR KUMAR DHANJI VARSANI (Constitutional Application 1 of 2008) [2009] KEHC 1346 (KLR) (25 September 2009) (Ruling)
✦ The preliminary objection is dismissed
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CHRISTINE GATHONI v ESTHER GITURA [2009] KEHC 1625 (KLR)
✦ The learned magistrate's judgment was not erroneous and the appellant's appeal was dismissed.