Kenyan case law
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JOHN RAMA KENGA & Ten Others v MOHAMED SOUD FAKIH [2010] KEHC 1670 (KLR)
✦ The court grants the injunction restraining the defendant from selling or interfering with the plaintiffs' peaceful possession of the suit premises pending the hearing and/or determination of the suit.
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MR. ISSAK WAINAINA MUCHERU & Eleven Others v SHUWEKHA ABDALLA MUHSIN & Another [2010] KEHC 1672 (KLR)
✦ The application is dismissed for being an abuse of the court process.
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REPUBLIC v MUNICIPAL COUNCIL OF MOMBASA & 2 OTHERS [2010] KEHC 1711 (KLR)
✦ The application is allowed as prayed. The applicant is entitled to be paid the sum he was awarded in the decree by the respondent.
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AFROFREIGHT FORWARDERS LIMITED v KENYA RAILWAYS CORPORATION & ANOTHER [2010] KEHC 1134 (KLR)
✦ The application for leave to amend the defence is granted.
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DANSON NJERU MKIREMA v REPUBLIC [2010] KEHC 1719 (KLR)
✦ The appeal against sentence is successful, and the seven-year sentence is set aside. The appellant is sentenced to a fine of Kshs.8,000, to be served in default for two years.
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MARY KISINGA MALUKI v REPUBLIC [2010] KEHC 1720 (KLR)
✦ The appeal is upheld, the conviction is quashed, and the sentence is set aside as the trial magistrate failed to convict the appellant upon her plea of guilty.
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MARK OIRURI MOSE v REPUBLIC [2010] KEHC 1911 (KLR)
✦ The court dismisses the appeal and sets aside the trial court's finding of not guilty of defilement. The appellant is found guilty of defilement and sentenced to life imprisonment.
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RICHARD MAINA MAKARI & Two Others v REPUBLIC [2010] KEHC 1610 (KLR)
✦ The appeals are allowed, and the convictions and sentences are quashed and set aside. The appellants are set free.
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ISAAC GATAKA v PERISINA WAIRIMU MBURU [2010] KEHC 1619 (KLR)
✦ The learned Principal Magistrate erred in law and fact in ruling that the Appellant had been given land in the lifetime of the deceased. The Appellant has no right to inherit the land given to the Respondent's husband.
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PETER MARANGA NYANG’AU v WILLIAM NYAMWEYA [2010] KEHC 1942 (KLR)
✦ The slander was not actionable per se and special damage was not proved, thus the appeal is allowed and the respondent's case is dismissed.
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REPUBLIC v DISCIPLINARY COMMITTEE OF THE LAW SOCIETY OF KENYA Exparte Robinson ONyango Malombo [2010] KEHC 1737 (KLR)
✦ The orders of the Disciplinary Committee are quashed
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Kenya Anti-Corruption Commission v Gemini Properties Limited & 3 Others [2010] KEHC 1628 (KLR)
✦ The court finds the plaintiff's claim time barred due to the limitation period under the Limitation of Actions Act.
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MORIS ONDANYI MADIDA & another v REPUBLIC [2010] KEHC 1961 (KLR)
✦ The order releasing the fridges is dismissed, and the fridges are ordered not to be sold, leased, or disposed of until the appeal is disposed of.
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JONATHAN NJERU NGURU v REPUBLIC [2010] KEHC 1616 (KLR)
✦ The conviction and sentence are quashed, and the appellant is set free.
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ANDREW KIRIINYA & 2 others v JAMLICK MAINA WANJOHI & 3 others [2010] KEHC 1844 (KLR)
✦ The plaintiffs' application for an interlocutory injunction is dismissed, and the Chamber Summons dated 5th May 2010 is without merit. The plaintiffs are not entitled to a mandatory injunction or to deny the registered owners right to occupy and work on the suit property.
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MARGARET SOARES & another v SIMON KIMAN NJAU T/S BOMAS INTERIOR DESIGNS & 3 others [2010] KEHC 1401 (KLR)
✦ The plaintiffs' application for injunction and Anton Piller order is denied.
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KANYOTTA HOLDINGS LIMITED v KENYA SHELL LIMITED [2010] KEHC 742 (KLR)
✦ The application is dismissed. The plaintiff is allowed to proceed with the case.
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KENYA COMMERCIAL BANK LIMITED v ANN KAJUJU MAGONDU & 24 OTHERS [2010] KEHC 1397 (KLR)
✦ The court found a prima facie case of fraud and ordered the defendants' accounts to remain frozen until further orders.
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ANIL WALIA v VIJAY VIR SINGH & ANOTHER [2010] KEHC 2150 (KLR)
✦ The shares are assets capable of being attached in execution of decrees, and the decree holder does not need the authority of the directors or shareholders to sell or buy shares in the companies.
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APA Insurance Limited v City Hopper Limited & 2 others [2010] KEHC 1462 (KLR)
✦ The plaintiff is entitled to summary judgment for the sum of Ksh.3,051,824 with interest at court rates and costs of the suit.
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KENYA COMMERCIAL BANK LTD v JOHN GATU [2010] KEHC 1344 (KLR)
✦ The application for leave to amend the defence and introduce a counterclaim is dismissed with costs to the plaintiff.
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Kenya Anti-Corruption Commission v Gemini Properties Limited & 3 others [2010] KEHC 1658 (KLR)
✦ The court dismisses the plaintiff's claims due to the limitation period under the Limitation of Actions Act.
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JOSEPH IRUNGU MUTURI v REPUBLIC [2010] KEHC 1626 (KLR)
✦ The appellant's constitutional rights under Section 72 (3) (b) of the Constitution have been breached. The conviction and sentence are hereby quashed and set aside.
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In Re Estate of ESTATE OF KANYUGO WACHIRA DECEASED [2010] KEHC 1618 (KLR)
✦ The grant of Letters of Administration is suspended until the claim against the Estate is determined. The Objector is directed to establish her claim within the next six months.
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REPUBLIC v CHAIRMAN, MACHAKOS LAND DISPUTES TRIBUNAL & another Exparte PATRICK MUTUA KILONZO & another [2010] KEHC 1962 (KLR)
✦ The Tribunal had jurisdiction to deal with the claim as it involved the division of land, not title to land. The ground of the application must therefore fail.