Kenyan case law
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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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REPUBLIC V CHAIRMAN MACHAKOS DISTRICT LAND DISPUTES TRIBUNAL & ANOTHER EXPARTE PAUL MBINDYO KILOVE [2012] KEHC 1927 (KLR)
✦ The application is allowed, and prayers 2 and 3 are granted. The costs will be to the applicant from the interested party and the respondents jointly and severally.
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ABDALLA MGUTE & 2 OTHERS V MOHSIN BIN SALEH SHERMAN & 3 OTHERS [2012] KEHC 1935 (KLR)
✦ The court dismisses the application for contempt of court, finding insufficient evidence to prove the Defendants' alleged contempt.
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ELIZABETH WANGUI NJENGA & 3 OTHERS V MOTO FARMERS CO-OPERATIVE SOCIETY [2012] KEHC 1275 (KLR)
✦ The court grants an order of stay on condition that the applicants deposit a further Kshs.100,000 as security for costs, deposit the Title document in court, set the appeal for hearing within 60 days, and bear the costs.
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ANANDA MARGA UNIVERSAL RELIEF TEAM (AMURT) V AMURT (INTERNATIONAL) (Civil Case 540 of 2009) [2012] KEHC 1427 (KLR) (9 October 2012)
✦ The chamber summons is dismissed with costs
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REPUBLIC V SAMSON KARAU NJERI & ANOTHER [2012] KEHC 1985 (KLR)
✦ The charges against the accused persons are dismissed and they are acquitted.
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PETER KILONZO NTHENGE V REPUBLIC [2012] KEHC 1562 (KLR)
✦ The sentence of four years imprisonment for handling stolen goods is reduced to the balance of the term, to be served at Maina Chief's Camp under the direction of the Probation Officer Nyandarua North.
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MOHAMMED ABDUL ADAN v ARDO MOHAMMED [2012] KEHC 1881 (KLR)
✦ The appeal is allowed, and the ruling dated 23rd April, 2010 is set aside. The application dated 6th July, 2009 is allowed. The appellant is awarded costs of the appeal but costs of the lower court shall be in the cause.
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JOHN GAKUO V ALWAKA TOM OSCAR T/A HEADLINK PUBLISHERS [2012] KEHC 1428 (KLR)
✦ Application allowed, defendant to file defence within 14 days
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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.
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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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LUCY GETANGE & 7 OTHERS V HONOURABLE ATTORNEY GENERAL & 2 OTHERS [2012] KEHC 1009 (KLR)
✦ The court dismisses the Notice of Motion as the decision to wind up the Tourism Trust Fund was made within the ambit of the law and there is no need for judicial review.
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JEREMIAH MAUNDU V REPUBLIC [2012] KEHC 5935 (KLR)
✦ The conviction and sentence are upheld.
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REPUBLIC V SENIOR PRINCIPAL MAGISTRATE, NAROK & ANOTHER [2012] KEHC 1281 (KLR)
✦ The application has merits and the decision by the Tribunal, which was adopted by the Resident Magistrate, is quashed by way of certiorari, as it was exercised in excess of jurisdiction.
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ORENGE MOTIKA V DAVID OKETCH ACHIENG [2012] KEHC 1667 (KLR)
✦ The appeal is struck out with costs to the Respondent
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DAVID MUNGAI KINYANJUI & 2 OTHERS V ATTORNEY GENERAL [2012] KEHC 1723 (KLR)
✦ The arrest and charges were without reasonable cause, and the plaintiffs suffered loss and damage.
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ALBERT MUKHWANA V JULIUS ONJIRO [2012] KEHC 5961 (KLR)
✦ The application was incompetent ab initio due to the failure to notify the Attorney General prior to filing the application for leave.
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DAVID KENNETH AWORI V PHILIP GITONGA & 2 OTHERS [2012] KEHC 1288 (KLR)
✦ The Court ordered the status quo to be maintained and directed the Provincial Surveyor to prepare a report on the location and coordinates of the beacons and structures on the disputed land parcels.
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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 MUNGAI KINYANJUI & 2 OTHERS V ATTORNEY GENERAL [2012] KEHC 1740 (KLR)
✦ The arrest and charges were without reasonable cause, and the plaintiffs suffered loss and damage.
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KAMUMU KABIA v NYAKINYUA NYAKIAMBI WOMEN GROUP [2012] KEHC 1503 (KLR)
✦ Application dated 26th February 2001 will be served afresh on Respondents for a date to be taken for hearing
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JAMES B. O. ANUNDA V ROSE NAMASAJA ANUNDA (Civil Case 341 of 2010) [2012] KEHC 1358 (KLR) (9 October 2012) (Ruling)
✦ The court dismissed the application for contempt and attachment of property, but granted the Plaintiff's request for detention of the Defendant in prison for a term not exceeding six (6) months for disobeying the court's order.
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KARTAR SINGH DHUPAR & Co. LTD V GREYSTONE WORKS LTD [2012] KEHC 5927 (KLR)
✦ The court finds no merit in the appeal and dismisses it with costs.
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John Mureithi Kariuki v George Mwangi [2012] KEHC 1429 (KLR)
✦ The court finds the defendant liable for the death of the deceased and awards damages totaling KShs 344,000.
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MOSES KIMANI KAMAU & Another v REPUBLIC [2012] KEHC 2012 (KLR)
✦ The convictions and sentences are quashed, and the appellants are set at liberty.