Kenyan case law
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PETER PAULMBURU NDURURI v JAMES MACHARIA NJORE [2008] KEHC 840 (KLR)
✦ The application for an injunction pending appeal is dismissed as the advocate was not on record and the application was not properly filed.
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RUTH SYOMBUA MUOKA v KENYATTA NATIONAL HOSPITAL BOARD & 3 others [2008] KEHC 1644 (KLR)
✦ Ksh.100,000 is released to the plaintiff for the minor's upkeep
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KENNEDY MOGESI ONYAMBU v REPUBLIC [2008] KEHC 1524 (KLR)
✦ The conviction and sentence are upheld. The evidence was sufficient to justify the conviction, and the sentence was not shown to be harsh or excessive.
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SANA INDUSTRIES COMPANY LTD v PETER GATHAIYA MUREITHI [2008] KEHC 2058 (KLR)
✦ The court declines to grant the order for stay of execution pending appeal.
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ELIUD NKUNJA v REPUBLIC [2008] KEHC 2129 (KLR)
✦ The conviction is quashed and the sentence of death is set aside. The appellant is set free.
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In Re Karanja Gathatwa Deceased [2008] KEHC 1744 (KLR)
✦ The grant of letters of administration is hereby confirmed. The deceased’s estate is to be shared among the deceased’s survivors comprising of four beneficiaries from the first house and six beneficiaries from the second house. The land be divided accordingly and each administrator to hold the portions in trust of their respective households in equal shares. Once the ownership of the land at Kanunga group ranch and Kikopey is established that it belongs to the deceased, the portions of land belonging to the deceased will be shared among the beneficiaries equally.
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KARISA KATANA MBITHA v REPUBLIC [2008] KEHC 1410 (KLR)
✦ The court dismissed the appeal and upheld the conviction and sentence of 5 years imprisonment with hard labour.
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PATRICK MUNENE NCHEBERE v REPUBLIC [2008] KEHC 2130 (KLR)
✦ The conviction is quashed, and the appellant is set free
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LIVINSTONE OUMA MUDENYO & 2 others v REPUBLIC [2008] KEHC 2231 (KLR)
✦ The appeals are allowed, convictions are quashed, and sentences set aside
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BP SHELL KENYA LIMITED & another v NYERI DISTRICT CO-OPERATIVE UNION LIMITED [2008] KEHC 1249 (KLR)
✦ The application to compromise the suit is allowed, and the suit is marked as compromised. Plaintiff No. 2 and defendant are bound by the agreement, and costs are awarded to the applicant.
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LABAN KAROGOI MIGWI & OTHERS v AGNES NTHENYA MUTUA [2008] KEHC 901 (KLR)
✦ The court orders the defendant to remove the encroached building from the plaintiff's land within 60 days at her own cost.
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JULIUS MWANGI WAWERU v REPUBLIC [2008] KEHC 2127 (KLR)
✦ The conviction and sentence are quashed due to violation of the appellant's constitutional rights
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KENYA NATIONAL SHIPPING LINE LTD. v CONSTATINE OKUMU MASINDE [2008] KEHC 1433 (KLR)
✦ The appeal is dismissed for being an abuse of the court process.
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REPUBLIC v ANTONY MWAMBANGA JUMWA & 4 others [2008] KEHC 1402 (KLR)
✦ The prosecution established a prima facie case, and the accused are placed in their defence.
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BP SHELL KENYA LIMITED & another v NYERI DISTRICT CO-OPERATIVE [2008] KEHC 3772 (KLR)
✦ The application to mark the suit as compromised is allowed, and the plaintiffs are bound by the agreement.
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MARY WAITHIRA MUIRURI v KURIA NG’ANG’A [2008] KEHC 830 (KLR)
✦ The judgment is set aside due to the defendant's and her advocate's absence during the trial.
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BENSON TITO BULIMU & another v REPUBLIC [2008] KEHC 2238 (KLR)
✦ The appeals are dismissed as the conviction and sentence were proper and lawful.
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REPUBLIC v LAND DISPUTE TRIBUNAL MARAGUA & another [2008] KEHC 906 (KLR)
✦ The tribunal exceeded its jurisdiction and the ex pate applicant's application for certiorari and prohibition is granted.
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CECILIA WAIRIMU NJAGI & another v PERIS KEMUMA NYAREGA [2008] KEHC 1642 (KLR)
✦ The dismissal order is set aside, and the parties proceed to a pre-trial conference hearing with costs of Ksh.5,000 to the defendant.
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ELIJAH KABUI MUTAHI v REPUBLIC [2008] KEHC 3904 (KLR)
✦ The conviction and sentence are quashed, and the appellant is ordered to be released unless otherwise lawfully held.
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K.M v REPUBLIC (Criminal Appeal 260 of 2004) [2008] KEHC 1407 (KLR) (29 July 2008) (Judgment)
✦ The appeal is allowed, conviction and sentence are quashed, and the appellant is released
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LABAN KAROGOI MIGWI & OTHERS V AGNES NTHENYA MUTUA [2008] KEHC 59 (KLR)
✦ The court finds that the defendant's land encroaches on the plaintiff's land by 1.37m to the north and 0.56m to the south, covering an area of 18.91 square meters.
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PETER KANINI NDEGWA AND ANOTHER v ROBERT WOKABI NGATIA [2008] KEHC 1641 (KLR)
✦ An injunction is granted to restrain the defendant from entering, interfering, threatening, and alleviating the plaintiff with her quiet occupation.
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MARY WAITHIRA MUIRURI v KURIA NG’ANG’A [2008] KEHC 825 (KLR)
✦ The judgment is set aside due to the defendant's and her advocate's absence during the trial.
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NJOROGE WAITWIKA v WANYOIKE WAITWIKA [2008] KEHC 1643 (KLR)
✦ The court declared that the defendant holds the two parcels of land in trust for the plaintiff and ordered their delivery according to the elders' award.