Kenyan case law
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NYARINGO OBURE V JAMES KURIA & 2 OTHERS [2012] KEHC 1407 (KLR)
✦ Plaintiff's application for injunctions is granted
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EMMANUEL OMENDA v SAFARICOM LTD [2012] KEHC 1486 (KLR)
✦ The court finds that the defendant's employees referred to the plaintiff as a credit card thief, and this was malicious.
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MANYESO KARISA KENGA V REPUBLIC [2012] KEHC 1337 (KLR)
✦ The conviction and sentence are quashed, and the appellant is set at liberty unless otherwise lawfully held.
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Sally Kibii & another v Francis Ogaro [2012] KEHC 1874 (KLR)
✦ The Court held that the Plaintiff did not discharge the burden of proof and did not adduce any evidence on liability.
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PETER NJUGUNA MBURUGU & 2 OTHERS V REPUBLIC [2012] KEHC 1564 (KLR)
✦ The court dismissed the application as lacking merit, finding that the trial magistrate acted correctly within the law and that the court's discretion was not violated.
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CANON AUTOMOBILE LTD v KWALE INTERNATIONAL SUGAR CO. LTD [2012] KEHC 1879 (KLR)
✦ The court finds in favor of the Defendant, ruling that the Plaintiff does not have ownership rights over the land parcel Kwale/Shirazi Bodo/754 and that the Defendant has proprietary rights over LR No. 27742.
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Kagwimi Kang’ethe & Company Advocates v Penelope Combos & another [2012] KEHC 1976 (KLR)
✦ The reference is hereby dismissed with costs.
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EASTERN PRODUCE (K) LIMITED V GRACE CHEMELI KIBOR [2012] KEHC 1897 (KLR)
✦ The appeal is dismissed with costs to the respondent. The deposited funds with interest earned thereof are ordered to be released to the respondent.
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CHRISTOPHER KIRUBI v ALI KHAN MUSES & Another [2012] KEHC 1591 (KLR)
✦ The court dismissed the bank's application to be joined as a 2nd defendant and to stay the execution of the mandatory injunction order.
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RNN V JSM [2012] KEHC 1957 (KLR)
✦ The marriage is dissolved, and the petitioner is granted custody of the children with reasonable access for the respondent. The respondent is ordered to provide reasonable maintenance for the children if he wishes to do so.
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IDDI BARAKA & 2 others v HAMISI ALI & another [2012] KEHC 170 (KLR)
✦ The appeal fails with costs to the respondents.
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KADET LIMITED V JOHN KAMUGO MWANGI [2012] KEHC 1655 (KLR)
✦ The court finds merit in exercising its discretion in favour of the applicant and allows the application, endorsing M/s Itonga & Co. Advocates and orders reinstatement of the interim orders granted by the court before the 10th June 2008.
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GEORGE WAWERU MBOGO v REPUBLIC [2012] KEHC 1839 (KLR)
✦ The appeal is allowed, the conviction is set aside, and the appellant is acquitted.
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REPUBLIC V ATTORNEY GENERAL & ANOTHER EXPARTE PETER BOB OYOO [2012] KEHC 1258 (KLR)
✦ The court finds merit in the Notice of Motion and allows the application for Mandamus. The 2nd Respondent is to be compelled to settle the decretal amount of Kshs.1,799,632 together with interest at the rate of 12% per annum from 17th February 2011 until payment in full. The applicant is also awarded costs of the suit.
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IN THE MATTER OF THE ESTATE OFJONATHAN KIPTOO KIRUI [2012] KEHC 1836 (KLR)
✦ The court finds in favor of the Plaintiffs, declaring them entitled to the land by adverse possession and ordering the land register to be rectified.
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CONSILLIA ATIENO PASI & 3 OTHERS V COUNTY COUNCIL OF BUTERE/MUMIAS [2012] KEHC 1425 (KLR)
✦ The application is granted, and an order of certiorari is issued quashing the decision to remove the applicants from the Cess Monitoring Committee.
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EASTERN PRODUCE (K) LIMITED v GEORGE OTIENO MATARA [2012] KEHC 1623 (KLR)
✦ The appeal is partially allowed. The award of Kshs.85,000/- in general damages is reduced by one half and so is the Special Damages. The judgment and decree are set aside, and a new award of Kshs.41,176/- is entered.
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MWANZO CHEMUSU V FESTO LUYALE (Civil Appeal 37 of 2010) [2012] KEHC 1371 (KLR) (10 October 2012)
✦ The appeal is dismissed with costs as the agreement is binding against the appellant and enforceable.
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DUNCAN NDEGWA WAURI & 16 others v BENARD KARIUKI MWANGI & 6 others [2012] KEHC 1447 (KLR)
✦ The Plaintiffs have not established a prima facie case, and the mandatory injunctions are not warranted.
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ALI MALALA WAMUKOYA v ALI OLANDO OKWETO & 2 Others (Civil Case 6 of 2010) [2012] KEHC 1586 (KLR) (10 October 2012)
✦ Application dismissed with costs
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Republic v Kirinyaga Central Division Land Disputes Tribunal & 2 others Ex-Parte Mwai Kabuthi [2012] KEHC 1792 (KLR)
✦ The 1st Respondent (Tribunal) went beyond its jurisdiction and the decision is quashed
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MOHAMMED ABDUL ADAN V ARDO MOHAMMED [2012] KEHC 5957 (KLR)
✦ The appeal is allowed, and the ruling dated 23rd April, 2010 is set aside. The appellant's application dated 6th July, 2009 is allowed.
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B.M. V S.M.M [2012] KEHC 1650 (KLR)
✦ Ex parte orders are set aside to afford the Respondent an opportunity to be heard
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AGGREY K. MUDINYU v THADDEUS ANYONYI [2012] KEHC 1580 (KLR)
✦ The application to set aside the ex-parte judgment and consequential orders is dismissed with costs.
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DAVID MUCHIRI NDUNGU 42 OTHERS V SAMSON MWANGI GAITHO & ANOTHER [2012] KEHC 1431 (KLR)
✦ The application is dismissed with costs in the cause.