Kenyan case law
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JOSEPH KURIA GITHINJI V KENYA FOREST SERVICE [2012] KEHC 1535 (KLR)
✦ The application is dismissed with costs
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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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PAUL NJOROGE KIMANI V KENYA REVENUE AUTHORITY & ANOTHER [2012] KEHC 1257 (KLR)
✦ The applicant is entitled to an order prohibiting the 1st respondent from detaining his goods in contravention of the law.
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REPUBLIC V ATTORNEY GENERAL & 2 OTHERS EX-PARTE COUNCILOR TITUS KIRATU & 377 OTHERS [2012] KEHC 1760 (KLR)
✦ The decision to relocate the construction site from Kinale to Kirenga was unlawful, illegal, and an abuse of power.
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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.
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RIFT VALLEY RAILWAYS LIMITED v GARISSA PARCEL SERVICES LIMITED & Another [2012] KEHC 1950 (KLR)
✦ The ex parte interlocutory default judgment against the 1st defendant is set aside, and the 1st defendant's motor vehicle registration number KBN 429F Mitsubishi Truck is released from attachment.
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NAGDA SACHIN V CASSIM WEKESA & 2 OTHERS [2012] KEHC 1572 (KLR)
✦ The Appellant is the registered owner of the vehicle and the lower court was wrong to order the vehicle to be kept at a neutral place. The permanent injunction is set aside, and the temporary injunction remains in place.
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MAGRAM BUTCHERY LIMTED V AFRICAN SAFARI CLUB LTD [2012] KEHC 1929 (KLR)
✦ The court dismissed the plaintiff's motion for summary judgment.
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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 JOSEPH MEEME & ANOTHER [2012] KEHC 1507 (KLR)
✦ The court granted the accused bail on a cash bail of Kshs. 200,000/= each or alternatively, on a bond of Kshs. 200,000/= with two sureties of a similar amount.
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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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REPUBLIC V NORTH KINANGOP DIVISION LAND DISPUTESTRIBUNAL & 3 OTHERS EXPARTE BENSON KAMAU GITONGA [2012] KEHC 1278 (KLR)
✦ The application to amend the Statement of Facts and file a further affidavit is allowed.
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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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CHARLES OKOYO JAKAMUMBO V MARTIN OCHIENG OKETCH [2012] KEHC 669 (KLR)
✦ The Court allows the application as prayed. It is satisfied that at the time of settling the terms for the execution of the decree in Msa CMCC No. 4080 of 2002, the chargees' interest should have been disclosed. That interest cannot be defeated by the sale that took place thereafter.
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REPUBLIC V KENNEDY KIPLETING [2012] KEHC 1166 (KLR)
✦ The community service sentence is set aside and the accused is set at liberty, unless otherwise lawfully held.
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REPUBLIC V COMMISSIONER OF DOMESTIC TAXES LARGE TAX PAYER’S OFFICE EX-PARTE BARCLAYS BANK OF KENYA LTD [2012] KEHC 1988 (KLR)
✦ The court held that the respondent is entitled to claim tax on payments made to international credit card companies as royalties under section 35(1)(b) of the Income Tax Act, but not on payments referred to as 'interchange fees' made by the bank to other banks.
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KILONZO & CO. ADVOCATES V JOHN NJENGA MUTUTHO [2012] KEHC 5954 (KLR)
✦ The defendant's delay in taking action after the judgment was deliberate and inexcusable, and his new application is an abuse of the court process.
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Kenneth Kiberenge Nalimae v Scholastic Chemari Wambete [2012] KEHC 1948 (KLR)
✦ The consent order is set aside as it was illegal and done without the petitioner's consent. The widows are not the administrators of the estate, and the dispute goes back to appointing an administrator.
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KENYA AIRPORTS AUTHORITY V CITY COUNCIL OF NAIROBI [2012] KEHC 5909 (KLR)
✦ The application is granted with costs to the plaintiff.
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ELIZABETH NTHENYA WAMBUA V PHILIP WAMBUA MASILA & 3 OTHERS [2012] KEHC 2031 (KLR)
✦ The court finds that the plaintiff has not established a strong prima facie case for an interlocutory prohibitive injunction against the 2nd defendant, the interests of the chargee bank, or the Commissioner of Lands.
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Cecilia Nyambura Murunga V John Ndung'u Maina [2012] KEHC 917 (KLR)
✦ Applicant's application for stay of execution granted
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OKIYA OMTATAH OKOITI V ATTORNEY GENERAL & ANOTHER [2012] KEHC 1774 (KLR)
✦ The petition is dismissed as the application is res-judicata and there are no new circumstances either of law or fact that would entitle the judge to review his previous decision.
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QUENTINE WAMBUA V NDUNDA WAMBUA KITUU [2012] KEHC 1708 (KLR)
✦ The appeal is dismissed with costs to the respondent.
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ANTONY MWANGI GICHIMO V REPUBLIC [2012] KEHC 947 (KLR)
✦ The appeal is allowed on both grounds. The conviction and sentence are quashed, and the appellant is set at liberty.
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Republic v Kitui District Land Disputes Tribunal & 2 others Exparte Mbiti Kasango & another [2012] KEHC 1903 (KLR)
✦ The Tribunal's decision is ultra vires, null and void due to lack of jurisdiction, and is quashed through certiorari.