Kenyan case law
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Republic v Director of Pensions Ex-Parte Charles Wanjohi Mwangi [2005] KEHC 412 (KLR)
✦ The court dismisses the applicant's application for review with costs, finding that the applicant has been guilty of laches and the application for the order of certiorari is fatally defective.
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Janet Nyokabi Munenge v Chairman,Nairobi Liquor Licensing Court [2005] KEHC 2036 (KLR)
✦ The Preliminary Objection is dismissed with costs to the Appellant
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Leonard O. Ekisa & another v Major K. Birgen [2005] KEHC 2214 (KLR)
✦ The court awards Kshs.1,800,930 in total damages, with Kshs.450,200 each to the surviving dependants, and orders that the shares of the minor dependants be invested in an interest-earning account until they reach the age of majority.
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DONHOLM RAHISI STORES (suing as a firm) v EAST AFRICA PORTLAND CEMENT LIMITED [2005] KEHC 349 (KLR)
✦ Court has no jurisdiction to order a stay of taxation of costs
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ESTHER WANGARI KINGORI v ELIAS NJOROGE NDUNGU & another [2005] KEHC 383 (KLR)
✦ The court ordered that the applicant be allowed to withdraw a sum of Kshs.150,000/- from the estate's account, with Kshs.30,000/- to be paid to Naivasha Girls Secondary School and the balance to be applied towards university fees for Harun Ndungu.
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Republic v Registrar of Societies ex-parte Salim Sumra & 9 others [205] [2005] KEHC 2089 (KLR)
✦ The notice of preliminary objection was three-pronged: 1. The applicants' motion was incompetent and an abuse of the court process. 2. The application was in competent by virtue of Article XIX of the Kenya Football Federation (KFF) constitution.
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Joshua Mwaniki Nduati v Samuel Muchiri Njuguna [2005] KEHC 1944 (KLR)
✦ The defendant is found liable for 100% of the deceased's injuries and is ordered to pay Ksh.250,000 in general damages for pain and suffering.
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MITS ELECTRICAL COMPANY LIMITED v NATIONAL INDUSTRIAL CREDIT BANK LIMITED [2005] KEHC 251 (KLR)
✦ The court finds that the contempt proceedings are not interlocutory and that the subject matter is the motor vehicle KAN 777C with a net value of Kshs 2,802,500.
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C. P. C Industrial Products (K) Limited v Samuel Kirwa Kosgei [2005] KEHC 2116 (KLR)
✦ The appeal is dismissed. The learned magistrate's decision is upheld. The respondent is ordered to bear the costs of the appeal.
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FELIX DOMINIC MURIUNGI V KENYA COMMERCIAL BANK LTD [2005] KEHC 3131 (KLR)
✦ The plaintiff's claim is based on tort and is barred by statute. The suit is dismissed with costs to the defendant.
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Ben Young Wafula & 3 others v Elisha Chebii Chesiyna & another [2005] KEHC 1501 (KLR)
✦ The amended plaint discloses a cause of action and the verifying affidavit complies with the rules.
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Republic v R.M.M. [2005] KEHC 1970 (KLR)
✦ The court finds the subject guilty of murder. The police should have arraigned the subject before the court immediately upon his arrest and should have ensured that a parent or guardian was present during any police interview with the subject.
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Republic v Emily Kirunuka [2005] KEHC 1974 (KLR)
✦ The accused is acquitted of the charge of murder and is set at liberty.
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Elgeyo Saw Mills v Atanas Mulup Buruti [2005] KEHC 1842 (KLR)
✦ The appeal is allowed, the judgment is set aside, and the Respondent’s suit is dismissed. Each party bears its own costs.
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In Re the Estate of Simon Ndungu Njoroge (Deceased) [2005] KEHC 1605 (KLR)
✦ The court ordered the applicant to withdraw Kshs.150,000 from the estate's account and allowed the respondents to withdraw Kshs.150,000 for the education of their dependants. If insufficient funds are available, the parties can seek court approval to draw out funds from other estate accounts.
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Felix Dominic Muriungi v Kenya Commercial Bank Ltd [2005] KEHC 1852 (KLR)
✦ The plaintiff's claim is barred by statute as it is based on tort, and the suit was not validly served.
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Republic v Registrar of Societies ex-parte Salim Sumra & 9 others [2005] [2005] KEHC 2088 (KLR)
✦ The notice of preliminary objection was three-pronged: 1. The applicants' motion was incompetent and an abuse of the court process. 2. The application was in competent by virtue of Article XIX of the Kenya Football Federation (KFF) constitution.
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Arkipo Odhiambo Otieno v Kenya Bus Services Ltd [2005] KEHC 1748 (KLR)
✦ The court confirms a 75% liability against the defendant and 25% against the plaintiff. The court awards Ksh.150,000 for general damages and Ksh.38,709 for special damages.
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Ragati Factory Company Limited – Shareholders v Johnson K. Gichuru & 5 others [2005] KEHC 1202 (KLR)
✦ The court found that the plaintiff is a non-existent entity and that the plaintiff was not sued in their personal capacity or as directors of Ragati Tea Factory Company Limited.
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Republic v Shadrack Kuria Maina [2005] KEHC 1949 (KLR)
✦ The court finds the prosecution's case inadequate and dismisses the case, acquitting the accused
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JOSEPH KARANJA IKUMU & another v LUCY WAMBUI IKUMU [2005] KEHC 384 (KLR)
✦ The grant issued to the respondent on 12th January, 2005 is revoked due to deceit and fraud.
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Naftali Njeru Irungu v Republic (Criminal Appeal 1334 of 2002) [2005] KEHC 3341 (KLR) (Crim) (5 July 2005) (Judgment)
✦ The conviction is unsafe and is hereby set aside. The Appellant should be set at liberty.
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Erick Cheruiyot Kirui v Republic [2005] KEHC 1661 (KLR)
✦ The conviction is hereby quashed while the sentence is set aside. The Appellant should be released forthwith unless held lawfully.
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James Waithaka & 2 others v Republic [2005] KEHC 1893 (KLR)
✦ Quash sentences in the first count as harsh, order 12 months imprisonment. Quash conviction and set aside sentence of the third appellant. Order retrial for the second appellant.
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Republic v Permanent Secretary,Ministry of Internal Security& 2 others Ex-parte Elphas Kiprugut Koech [2005] KEHC 1937 (KLR)
✦ An order of mandamus is issued to compel the respondents to satisfy the decree amounting to Kshs.250,000/= plus costs of Kshs.59,787/= and interest in the applicant's favour.