Kenyan case law
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KENYA OIL COMPANY LIMITED & ANOTHER v KENYA PETROLEUM REFINERIES LIMITED [2010] KEHC 721 (KLR)
✦ The application for appointment of arbitrator is disallowed with costs to the defendants.
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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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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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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 OIL COMPANY LIMITED & ANOTHER v KENYA PETROLEUM REFINERIES LIMITED [2010] KEHC 2288 (KLR)
✦ The application for appointment of a sole arbitrator is disallowed with costs to the defendants.
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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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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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JOSEPH WACHIRA WAITHAKA v SUSAN WANGECHI WAITHAKA & Two Others [2010] KEHC 1654 (KLR)
✦ The applicant's application is dismissed with costs to the respondents
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C.R.M v M.M.M [2010] KEHC 1181 (KLR)
✦ The court finds in favor of the petitioner and grants an order for dissolution of marriage.
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Rising Star Commodities Limited v Dr. Victor Kioko Munyaka [2010] KEHC 600 (KLR)
✦ The application is dismissed, and the matter is to be heard inter partes on the earliest possible date, Wednesday 7th July, 2010.
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REPUBLIC v NAIVASHA LAND DISPUTE TRIBUNAL & another Ex-parte AFRICAN ORTHODOX CHURCH OF KENYA [2010] KEHC 1874 (KLR)
✦ The Tribunal had jurisdiction to entertain the claim between the interested party and the applicant regarding plot 614.
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PETER KIMUTAI KATAM v VICKY CHEBET KONES [2010] KEHC 773 (KLR)
✦ Decree of divorce granted on the ground of desertion
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KAJUNA IDD NOOR v RAPID KATE SERVICES LTD & FOUR OTHERS [2010] KEHC 1566 (KLR)
✦ The plaintiff did not abuse the court process and the application to strike out the suit is dismissed.
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DEPOSIT PROTECTION FUND BOARD v CITY CABANAS LTD. [2010] KEHC 401 (KLR)
✦ The application is dismissed
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ANISON NYAHIRI MUHINDI v SAMSON GETANGITA NKWENGE & 2 others [2010] KEHC 2252 (KLR)
✦ The plaintiff's occupation of the suit land is not adverse to the interest of the defendants as it was with the deceased's consent.
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PHERIS WANJIRU v KHUZEIMA MOHSIN MAMUJEE & another [2010] KEHC 1778 (KLR)
✦ The Plaintiff is ordered to be reinstated to the premises and the attached goods are to be returned to her.
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In Re Estate of Kipsang Kandie (Deceased) [2010] KEHC 2134 (KLR)
✦ The application for a stay of execution is dismissed with costs.
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KENYA ANTI-CORRUPTION COMMISSION v JAMES RAYMOND NJENGA & another [2010] KEHC 2068 (KLR)
✦ The defences raised by the 2nd Defendant are a sham and raise no triable issues, thus they are struck out and judgment is entered for the Plaintiff.
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REPUBLIC v CHAIRMAN LURAMBI LAND DISPUTES TRIBUNAL Ex-PARTE SAULO SHIBOKO MUKULO & 3 OTHERS [2010] KEHC 2037 (KLR)
✦ The tribunal’s award is null and void due to lack of jurisdiction. The application for judicial review is allowed with costs to the ex-parte applicants.
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ONESMUS KAMAU KARIUKI v REPUBLIC [2010] KEHC 1999 (KLR)
✦ The court reduces the sentence from 20 years to 15 months imprisonment.
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In Re Estate of Marita Musuruve Kivihya (Deceased) [2010] KEHC 2038 (KLR)
✦ The objection proceedings are declared proper for full hearing.
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REPUBLIC v SANINGO KINAYO & Another [2010] KEHC 1573 (KLR)
✦ The court finds that the evidence does not point exclusively and irresistibly to the guilt of the accused persons and is below the threshold of a prima facie case.
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REPUBLIC v CHAIRMAN, MT. ELGON LAND DISPUTES TRIBUNAL [2010] KEHC 2165 (KLR)
✦ The court finds the application merited and allows it, quashing the award of the tribunal and declaring it null and void for lack of jurisdiction.
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In Re Estate of N W G (DECEASED) [2010] KEHC 1192 (KLR)
✦ Esther Waitheru is entitled to inherit the deceased's land, and the Grant will be rectified to accommodate her by giving her a portion of 0.41 hectares out of N W W's share of 1.21 hectares.
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VIVIENE NJERI MATIRU v KIBABA NGURU & 2OTHERS [2010] KEHC 1661 (KLR)
✦ The caution lodged by the 1st defendant was lifted, the defendants' defence and counterclaim were struck out, and judgment was entered as prayed in the plaint.