Kenyan case law
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DANIEL WALTER RASUGU v JOHANA NYAKWOYO BUTI & 2 others [2008] KEHC 2015 (KLR)
✦ The application for a stay of proceedings is granted.
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DAVID KITETU KIMULI V CITY COUNCIL OF MAKUENI & ANOTHER [2008] KEHC 60 (KLR)
✦ The court found that the plaintiff's land was encroached upon by the County Council of Masaku and ordered the encroached land to be returned to the plaintiff.
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OBEDI NDUBI & OTHERS v KAMARA FARMERS COOPERATIVES SOCITEY [2008] KEHC 1813 (KLR)
✦ An order for stay of proceedings in Nairobi Cooperative Tribunal Case Nos. 28-36 of 2006 pending the hearing of this appeal shall issue on the following conditions: (a) The appellants shall provide security either in the form of cash for Kshs.2 million or a bank guarantee for the sum of Kshs.2 million from a reputable financial institution within 30 days from the date hereof. (b) The appellants shall file a record of appeal within 60 days from the date hereof. (c) The appellant shall take all necessary action to facilitate the speedy disposal of this appeal.
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CELINICO FLOWERS v ISAAC IRUNGU MAINA [2008] KEHC 1724 (KLR)
✦ The appeal is dismissed as the appellant failed to offer a reasonable explanation for the delay and failure to prosecute the appeal.
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AVRIL ATIENO ADONCIA V REPUBLIC [2008] KEHC 49 (KLR)
✦ The court finds that the applicant's constitutional rights were not violated, and the proceedings were regular. The application is dismissed.
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Jayne Njeri Wanjiru Kihara v Christopher L. Ajele (Returning Officer of Naivasha Constituency) & 2 others [2008] KEHC 1889 (KLR)
✦ The court ordered the C.I.D. to carry out comprehensive investigations on the ballot boxes No. 43214 and 43415 from polling to scrutiny. The report of the investigation must be filed within 60 days from the date of the order.
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MSK v SNK [2008] KEHC 335 (KLR)
✦ The application for a temporary stay of attachment and sale of the objector's goods is granted.
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MARY AOKO v REPUBLIC [2008] KEHC 1522 (KLR)
✦ The trial court's sentence is set aside and substituted with a fine of Kshs.5000/= in default three months' imprisonment from the date of conviction and sentence.
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ROSE LYDIA WAWIRA & another v REPUBLIC [2008] KEHC 2120 (KLR)
✦ The court sets aside the sentence of 3 1⁄2 years and 7 years imprisonment and substitutes a sentence of 2 years imprisonment for both appellants, to begin on 14th December 2006.
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REPUBLIC v CITY COUNCIL OF NAIROBI [2008] KEHC 2182 (KLR)
✦ The court sets aside the leave and stay orders issued to the ex parte Applicants on 3rd March 2008, and the Notice of Motion dated 5th March 2008 is no more.
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DOUGLAS OMBACHI AKORA v REPUBLIC [2008] KEHC 1523 (KLR)
✦ The appeal is dismissed as the conviction was safe and the sentence was not excessive.
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CHARLES OTIENO MUOK v REPUBLIC [2008] KEHC 1526 (KLR)
✦ The conviction is upheld, and the sentence is reduced to the period already served.
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KENBLEST LIMITED v ARTHUR OMONDI WANGOMA [2008] KEHC 1217 (KLR)
✦ The court orders the appellant to prosecute the appeal within 6 months from the date of the judgment. In default, the orders for stay of execution shall stand discharged.
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JUSTUS KAVISI KILONZO v COAST BROADWAY COMPANY LTD & another [2008] KEHC 1376 (KLR)
✦ The application is granted. The plaintiff's suit dated 5.7.2007 is struck out as against the 2nd defendant and the plaintiff's suit is dismissed as it is misconceived, bad in law, and frivolous.
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Republic v Vice Chancellor Jomo Kenyatta University of Agriculture and Technology; Mwathi & another (Ex parte) (Miscellaneous Civil Application 30 of 2007) [2008] KEHC 2252 (KLR) (Civ) (25 July 2008) (Judgment)
✦ The Court finds that the Vice Chancellor did not abuse his discretion and that the dismissal was within the mandate of the University Council.
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JOAN OGALLO & another v KENYA BUS SERVICES LTD & another [2008] KEHC 3822 (KLR)
✦ The application is allowed, and Laban Ayieko Ogallo is added as a third party plaintiff. The legal owner of the motor vehicle is available and a proper and necessary party.
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REPUBLIC v OFFICER COMMANDING POLICE DIVISION (O.C.P.D) [2008] KEHC 1256 (KLR)
✦ The application is dismissed with costs to the Respondent.
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In Re M'Muguna Maraa Deceased [2008] KEHC 1750 (KLR)
✦ The confirmed grant should be rectified to conform with the area of 1.179 hectares in the Lands Register
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ROBERT GITAU KANYIRI v CHARLES R. KAHISA & 2 others [2008] KEHC 290 (KLR)
✦ The application is granted, and the case is withdrawn from the Naivasha Principal Magistrate's Court and transferred to the High Court.
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PETER NGANGA MWAURA V ALFRED MBUGUA NGUGI [2008] KEHC 50 (KLR)
✦ The application for leave to appeal out of time is without merit; the application for stay of execution is dismissed.
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GEORGE ODINGA ORARO v STANDARD LIMITED (Civil Case 221 of 2005) [2008] KEHC 1172 (KLR) (25 July 2008) (Ruling)
✦ The court strikes out the defendant's defence and enters interlocutory judgment for the plaintiff.
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PETER SIRO NYARIKI ANGWENYI v SUSAN NJERI ANGWENYI [2008] KEHC 317 (KLR)
✦ The applicant's application for review is dismissed as he failed to provide evidence of requisite efforts to obtain evidence of Onyiego Ogwora's death and the application is based on fundamental disagreement with the previous ruling.
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PAPERMART EASTAFRICA LTD v CONCORD INSURANCE COMPANY [2008] KEHC 1812 (KLR)
✦ The court finds that the respondent's delay in returning the account opening forms does not amount to a waiver and the consent order remains in force.
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PATRICK KIENGO GAKUMBI v REPUBLIC [2008] KEHC 2034 (KLR)
✦ The court declines to grant bail pending appeal and dismisses the application without costs.
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KENYA ANTI-CORRUPTION COMMISSION v EVA M. GAITHA [2008] KEHC 1316 (KLR)
✦ The defendant's application is allowed in terms of prayer (ii) (iii) and (iv) of the Chamber Summons dated 12th February 2008