Kenyan case law
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Mercy Nduta Mwangi t/a Mwangi Keng’ara & Company Advocates v Invesco Assurance Company Limited [2017] KEHC 2209 (KLR)
✦ The trial court was correct in dismissing the appellant's Notice of Motion as the respondent had raised a triable issue that the appellant's fees had been fully paid.
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Benson Kimanja v Georgina Wairimu Muchungu [2017] KEHC 2391 (KLR)
✦ Leave is granted to file an appeal out of time, a stay of execution is granted pending the appeal, and costs are to abide the outcome of the appeal.
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Paul Mboya Ochieng v Isiah Omwange Ongoro [2017] KEHC 10128 (KLR)
✦ The respondent's claim was not proved on balance of probabilities, and the defendant was not liable for the respondent's unlawful arrest, wrongful detention, and malicious prosecution.
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In re F (Baby) [2017] KEHC 2400 (KLR)
✦ The applicant is allowed to adopt Baby F, who shall be known as T J N W. The child shall be presumed to be Kenyan by birth, and the applicant shall assume all parental rights and duties.
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Maurice Milimu Amahwa v Ethics & Anti-Corruption Commission [2017] KEHC 2298 (KLR)
✦ The court denied the conservatory orders as the evidence did not satisfy the court that there were exceptional circumstances warranting interference, and the Respondent was under statutory compulsion to investigate crimes.
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Elizabeth Ongoro Amollo v Francis Kajwang Tom Joseph & 2 others [2017] KEHC 2509 (KLR)
✦ The court allows the Petitioner to file a rectified certificate and directs it to be filed and served within the specified time frame.
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In re G M (Baby) [2017] KEHC 2405 (KLR)
✦ The applicant is allowed to adopt Baby G M, who is hereby declared to be Kenyan by birth. A M M is appointed as legal guardian in case of the applicant's death.
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Bakhresa Food Products (K) Limited v Advent Limited [2017] KEHC 9746 (KLR)
✦ The Court grants a temporary injunction restraining the Defendant from using the Plaintiff's trademark 'Uhai' in its product Uhai Premium Drinking Water.
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A N M v D M M [2017] KEHC 2366 (KLR)
✦ The court finds the marriage irretrievably broken down and dissolves the marriage.
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Alex Muchira Mwangi v Jade Mugure Mwaura [2017] KEHC 9593 (KLR)
✦ The appeal is dismissed with costs. The lower court file shall be released to the lower court.
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Mitch Benjamin Kilonzi t/a Intellicom East Africa v Eco Bank Limited [2017] KEHC 80 (KLR)
✦ The court finds in favor of Intellicom, ordering Ecobank to pay Kshs. 3,253,614 and interest at court rates from the date of filing the suit.
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Lucy Wanjiru Mwangi v Gregory Mwaura Ng’ong’a [2017] KEHC 995 (KLR)
✦ The application for review is dismissed, and the previous ruling remains in force with the minor beneficiary receiving a share of the rental income equal to the other beneficiaries.
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In re T B (Minor) [2017] KEHC 1048 (KLR)
✦ This court is of the opinion that this Adoption would be in the best interest of the child and allows the Applicants' application. The Applicants, H G N and L N K are hereby allowed to adopt BABY T B. H G N and L N K are hereby appointed as legal guardians of the child should any eventuality arise.
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Hunkar Trading Company v Total Kenya Ltd [2017] KEHC 84 (KLR)
✦ Plaintiff's prayer for a mandatory injunction is declined, but prayer for a temporary injunction is allowed
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Abikheir Abdullahi Dubow v Independent Electoral and Boundaries Commission & 2 others [2017] KEHC 2546 (KLR)
✦ The court declines to grant the recount and scrutiny orders at this interlocutory stage due to the need for evidence. The respondent is ordered to provide certified copies of forms 35A and 35B to the petitioner and the court.
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Elizabeth Wanjiru Karuga v Paul Karuga [2017] KEHC 2248 (KLR)
✦ The properties in Nairobi and Eldoret are matrimonial property and should be shared equally between the parties. The ancestral land in Ndarumi is not matrimonial property and remains with the Respondent's family.
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Republic v Kennedy Radiala Muchiri & 3 others [2017] KEHC 165 (KLR)
✦ Each accused is directed to give his defence to the charge.
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M O C v A C M [2017] KEHC 954 (KLR)
✦ The marriage is dissolved, and the parties are ordered to file a matrimonial property suit to determine their shares.
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R N M v R M N [2017] KEHC 1804 (KLR)
✦ The Court makes an order for the payment of a lump sum of Kshs 350,000/= to the Applicant by the Administrators of the Deceased's Estate from the joint account operated by the two Administrators, as provision for the Applicant's basic needs pending confirmation of the grant issued to the Administrators.
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Peter Miriti M’ikiao v Josphat Mutuma M’ikiao [2017] KEHC 1810 (KLR)
✦ The court will determine the distribution without disturbing the status quo, and the Land Registrar and Surveyor will write a report on the beneficiaries' current land settlement.
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In re Estate of Johana Gethi Kaburi (Deceased) [2017] KEHC 377 (KLR)
✦ The application is deemed to be properly before the court, the respondents' Replying Affidavit is admissible, the order for citation of the dependants of Rose is merited, and the applicant has made out a prima facie case for the grant of injunctive orders.
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Republic v Perez Kiptoo Kipruto [2017] KEHC 2602 (KLR)
✦ The accused is sentenced to five (5) years imprisonment for manslaughter.
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Peter Kimanzi Malii & Titus Kikuyu Muasya v Republic [2017] KEHC 108 (KLR)
✦ Appeal dismissed on conviction, sentence confirmed and altered to run concurrently
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Republic v Colliatus Gaciata Cosmas [2017] KEHC 2229 (KLR)
✦ The court denies bail to the accused due to the risk of absconding and the threat from the accused's family.
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Republic v John Nkoroi Ruberi [2017] KEHC 1967 (KLR)
✦ The court disallows the accused's application for bond due to the family's unwillingness to offer surety and the father's negative reaction to the accused's release.