Kenyan case law
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REPUBLIC v PETER BARASA MAFUTA [2009] KEHC 2033 (KLR)
✦ The court finds the prosecution failed to prove the offence of murder against the accused and acquits him.
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PROCAR LIMITED v CHARTERED VALUERS LTD [2009] KEHC 1921 (KLR)
✦ The court dismissed the preliminary objection, finding that the respondent did not have lawful authority to instruct the auctioneer to levy distress.
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Safaris Unlimited (Africa) Ltd v Muchanga Investments td (Environment and Land Case 293 of 2009) [2009] KEHC 1700 (KLR) (23 September 2009) (Ruling)
✦ The suit is struck out as res judicata and an abuse of judicial process
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KENNETH KAIGA LUKA v REPUBLIC [2009] KEHC 1955 (KLR)
✦ The applicant's pre-trial constitutional rights were violated. The charge facing the applicant should not be declared nullity and quashed.
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PATRICK NZIOKI MUASA & 2 others v REPUBLIC [2009] KEHC 2024 (KLR)
✦ The convictions and sentences are quashed, and the appeals are allowed. The appellants shall be retried as soon as possible.
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REPUBLIC v JOSEPH NJUGUNA KOIGI [2009] KEHC 2014 (KLR)
✦ The court finds that the accused's constitutional rights were infringed due to the delay, but declines to terminate the trial, ordering compensation instead.
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QUERESH MULI MUTINDA & another v REPUBLIC [2009] KEHC 2023 (KLR)
✦ The conviction is upheld.
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JOEL MUTINE MUTUKU & another v REPUBLIC [2009] KEHC 2027 (KLR)
✦ The trial is declared a nullity, convictions are quashed, and sentences set aside. A retrial is ordered by a different magistrate, and prosecution witnesses who did not testify in the original trial are not to be called.
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CLEOPHAS JUMA v REPUBLIC [2009] KEHC 231 (KLR)
✦ Application is dismissed
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RIFT VALLEY RAILWAYS (K) LIMITED v KENYA SHELL LIMITED [2009] KEHC 4 (KLR)
✦ The application is dismissed with costs. The respondent is at liberty to proceed with the winding up cause.
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REPUBLIC v BERNARD MWENGA WILSON [2009] KEHC 2011 (KLR)
✦ The court finds that the delay in bringing the accused to court was justified as it allowed him to obtain medical treatment. The preliminary objection is overruled, and the accused is ordered to be compensated pursuant to section 72(6) of the Constitution.
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REPUBLIC v GERALD CHIBAYI ESIKURI & 2 others [2009] KEHC 2017 (KLR)
✦ The accused are hereby set at liberty and shall be free unless otherwise lawfully held.
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P.M.N v A.M.K [2009] KEHC 4198 (KLR)
✦ The petitioner's case succeeds, and the decree nisi of divorce is granted.
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REPUBLIC v CHARLES MIRORO OKEO [2009] KEHC 1182 (KLR)
✦ The court acquits the accused of the charges of murder due to the violation of his constitutional right to a speedy trial.
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MUTISO MUNYAO v REPUBLIC [2009] KEHC 2018 (KLR)
✦ The conviction is quashed and the appellant is set at liberty
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ROBERT NJOROGE & 2 others v REPUBLIC [2009] KEHC 1973 (KLR)
✦ The Appeal is allowed, the Appellants' conviction quashed and sentence set aside, and they shall be retried at Kangundo SRM's Court by a magistrate other than S.A. Okato Esq, Ag. PM.
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REPUBLIC v PERMANENT SECRETARY MINISTRY OF ROADS & 3 others Ex-Parte KINGFISHER PROPERTIES LIMITED [2009] KEHC 1899 (KLR)
✦ The notice issued by the 2nd Respondent is illegal and null and void, and is quashed. The respondents are ordered to remove markings and prevent further interference with the applicant's property. The respondents are also ordered to bear the costs of the applicants and the interested party.
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JOHANNAH KIPSOIMO TOO v WILLY YATOR ROTICH KAMUREN [2009] KEHC 1907 (KLR)
✦ The application is allowed in terms of prayer (b) of the Chamber Summons dated 24th June, 2009.
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ANDREW WEBUYELE BIKETI v CHINESE CENTRE FOR PROMOTION OF INVESTMENT DEVELOPMENT TRADE & 2 others [2009] KEHC 1946 (KLR)
✦ Order for stay of execution pending appeal granted with conditions
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MALAKWEN ARAP KIMASWAI v WILLY YATOR ROTICH KAMUREN [2009] KEHC 1903 (KLR)
✦ The application for an interlocutory injunction is granted.
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CHARLES MATHEKA v HACO INDUSTRIES LIMITED [2009] KEHC 1979 (KLR)
✦ The court dismissed the Plaintiff's application for an injunction pending appeal.
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MUSYOKA KITUU v REPUBLIC [2009] KEHC 2021 (KLR)
✦ The conviction is set aside due to language issues and the failure to demonstrate the language in which the plea was taken and the evidence was interpreted.
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MARY NANJALA WACHWENGE v KENYA COMMERCIAL BANK LTD & ANOTHER [2009] KEHC 1799 (KLR)
✦ The applicant's application is dismissed with costs
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Republic v TOWN CLERK, CITY COUNCIL OF NAIROBI & 2 others Ex-parte PETER NJENGA MWANGI T/A NJENGA MWANGI & CO. ADVOCATES [2009] KEHC 949 (KLR)
✦ The court dismissed the applicant's motion for an order of mandamus.
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In Re Estate of Kiiru Wanjohi (Deceased) [2009] KEHC 1836 (KLR)
✦ The grant of representation issued to the sons was confirmed.