Kenyan case law
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RONALD SIMIYU NAMASAFU v REPUBLIC [2006] KEHC 3502 (KLR)
✦ The appeal is allowed, conviction and sentence are quashed, and the appellant is set free.
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REPUBLIC v PERMANENT SECRETARY/SECRETARY TO THE CABINET AND HEAD OF PUBLIC SERVICE OFFICE OF THE PRESIDENT & 2 others Ex-parte STANLEY KAMANGA NG’ANG’A [2006] KEHC 1807 (KLR)
✦ The court declines to grant the prayers sought in the Notice of Motion and awards costs to the Respondents.
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Republic v Permanent Secretary/Secretary to the Cabinet & Head of Public Service Office of the President & another Ex-parte Stanley Kamanga Ng’ang’a & another [2006] KEHC 1577 (KLR)
✦ The court declines to grant the prayers sought in the Notice of Motion and awards costs to the Respondents
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AHMEDNASIR, ABDIKADIR, & COMPANY v NATIONAL BANK OF KENYA LIMITED [2006] KEHC 1868 (KLR)
✦ The respondent is granted leave to appeal
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E.A.T.E.C & another v FESTO AHANZA ANGOSI [2006] KEHC 1894 (KLR)
✦ The Appellants are jointly and severally liable for the assault. The Trial Court's finding is upheld.
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JOSEPH KITHEKA v MITCHEL NZIOKA & ANOTHER [2006] KEHC 1505 (KLR)
✦ The plaintiff's claim is unsustainable and dismissed with no order as to costs.
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NEEMA NUNGARI SALIM v SALIM ALI MOLLA [2006] KEHC 1769 (KLR)
✦ The properties are matrimonial properties acquired during the subsistence of the marriage and are owned jointly by the Plaintiff and Defendant in equal shares.
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REPUBLIC v SAMMY MWANGI KARANJA [2006] KEHC 1973 (KLR)
✦ The accused is found guilty of murder.
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KARURI CIVIL ENGINEERING (K) LTD v BUNGOMA MUNICIPAL COUNCIL [2006] KEHC 1877 (KLR)
✦ The application for summary judgment is granted.
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MOI UNIVERSITY v BERNARD MUMO MUSYOKI [2006] KEHC 1895 (KLR)
✦ The Court upheld the Principal Magistrate's decision to disallow the application to review the judgments/decrees and to stay the execution of the decrees.
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MICHAEL CHEBII v KIPKIYENG KEMEI & 2 others [2006] KEHC 1891 (KLR)
✦ The court finds that Michael Chebii is the son of Kipkosgei Sitienei Chebii and his third wife, Rosebella Chepkemboi, and orders that his interests be taken into account after the petitioners confirm the grant.
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REPUBLIC v MUSYOKA MUNYAO [2006] KEHC 1621 (KLR)
✦ The court finds no prima facie case to require the accused to enter his defence and acquits him.
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JOHN GITOBU RUKWARU v ARITHO IGWETA & another [2006] KEHC 1880 (KLR)
✦ The application is allowed, and the suit is dismissed for want of prosecution.
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M’IMWITHIA M’IMATHIU v JERUSHA KAYATHI GAKAMU [2006] KEHC 1886 (KLR)
✦ The Appellant failed to prove his case on a balance of probabilities and the dismissal by the learned magistrate cannot be faulted. The Appellant also did not comply with S.13A of the Government Proceedings Act.
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ELIZABETH WAMBUI NJUGUNA v HOUSING FINANCE CO. OF KENYA LIMITED [2006] KEHC 1869 (KLR)
✦ The plaintiff's application fails to satisfy the first principle in GIELLA VS CASSMAN BROWN CO. LTD (Supra) that the plaintiff has not shown a prima facie case with a probability of success.
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Kubai (Legal representative of Julia Kabirithu Murugu - Deceased) v Amatu & another (Civil Appeal 17 of 2001) [2006] KEHC 1887 (KLR) (4 July 2006) (Judgment)
✦ The appeal is dismissed as there was no evidence to prove liability for the death of Julia Kabirithu Murugu.
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ROSELINE KANYUA v LAWRENCE MBWIRIA & another [2006] KEHC 1888 (KLR)
✦ The Appeal is dismissed as the learned trial magistrate did not misdirect himself in awarding general damages of Ksh.40,000/-
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SAMUEL KANYUA NGANGA v MILKA WAIRIMU GAKUYA [2006] KEHC 139 (KLR)
✦ The appeal is allowed, and the orders of the learned magistrate are set aside. Maintenance is not awarded as there was no evidence of the respondent's demand for maintenance and the award was made before the appellant and respondent stopped living together.
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KAMUNYORI & COMPANY ADVOCATES v NANCY DIETZ [2006] KEHC 1858 (KLR)
✦ The taxation of the Bill of Costs is within the mandate of the Power of Attorney given by the client, as it is a proceeding in the recovery of damages for the client.
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ISLAM NASSIR MOHAMED v REPUBLIC [2006] KEHC 576 (KLR)
✦ The appeal is allowed, conviction quashed, and sentence set aside. The appellant shall be set free.
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Republic v Sammy Mwangi Karanja [2006] KEHC 2004 (KLR)
✦ The accused is found guilty of murder.
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KENSILVER EXPRESS LTD v JOSPHAT MARANGU [2006] KEHC 1896 (KLR)
✦ The court grants the application for transfer
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JOSEPH KIMANI GITAU, SAMMY GATERO, JOSEPH NDIRANGU, ELIAS IRUNGU KAMANDE & 5 others v SAMUEL MURIITHI NJOGU, JOSEPH SAMOEI, SAMUEL MBITHI KATHITA, ELIJAH CHERUIYOT & 11 others (Civil Suit 238 of 2005) [2006] KEHC 1638 (KLR) (3 July 2006)
✦ The preliminary objection is overruled with costs to the defendants
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RICHARD GICHANGI KIENYERE & 6 others v GENERAL ACCIDENT INSURANCE CO. LTD [2006] KEHC 1953 (KLR)
✦ The plaintiffs have established their case on a balance of probabilities, and the defendant is legally liable to settle the decretal sum.
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In re RMM (A Child) (Adoption Cause 143 of 2005) [2006] KEHC 3384 (KLR) (Family) (3 July 2006) (Judgment)
✦ The word 'may' was permissive but the court was mandated to consider making an adoption order if the age requirements were met.