Kenyan case law
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ABN AMRO BANK N.V v KENYA PIPELINE COMPANY [2012] KEHC 6000 (KLR)
✦ The defendant's application for security for costs is dismissed with costs to the plaintiff.
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WILFRED OMELA EJAKAIT V REPUBLIC [2012] KEHC 1987 (KLR)
✦ Each Applicant is admitted to Ksh.50,000/= bond to appear before the DCIO Mukuyuni within the next 24 hours
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COMMISSIONER OF INCOME TAX v MABATI ROLLING MILLS LIMITED [2012] KEHC 2005 (KLR)
✦ The Court of Appeal dismisses the appeals and upholds the decision of the Local Committee, finding that the interest was not chargeable to tax and thus not subject to withholding tax.
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L H Ltd & 2 OTHERS V R J W & 4 OTHERS [2012] KEHC 2301 (KLR)
✦ The judge's application for recusal was dismissed, and the Defendants' application for a variation of previous orders was also dismissed.
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SAMUEL M MAGUA V BARCLAYS BANK OF KENYA LIMITED [2012] KEHC 5955 (KLR)
✦ The appellant's application for a stay of execution is dismissed with costs
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Joseph Gitau Kinyanjui V Jackline Atieno [2012] KEHC 1894 (KLR)
✦ Appellant's appeal is dismissed as he has not explained the delay and does not have an arguable case
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REPUBLIC V VENASIO KIARAGO MWANIKI [2012] KEHC 670 (KLR)
✦ The accused is found guilty of murder.
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COMMISSIONER OF INCOME TAX V MABATI ROLLING MILLS LIMITED [2012] KEHC 5958 (KLR)
✦ The Court upholds the decision of the Local Committee and dismisses the appeals with costs to the respondent.
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NJIIRI KANYIRI & THUKU ADVOCATES V ADMINISTRATORS OF THE ESTATE OF JOHN NGUGI KIMANI –DECEASED & 5 OTHERS [2012] KEHC 5921 (KLR)
✦ The court does not find it prudent to give a ruling in the application dated 29th June, 2012 and stays the delivery of the ruling pending the hearing and determination of the two pending applications.
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DAVID MASESE MOGAKA V REPUBLIC [2012] KEHC 5937 (KLR)
✦ The court dismisses the application for bail pending the second appeal as there are no exceptional or unusual circumstances to grant bail, and the first appeal has been dismissed.
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DOLPHIN TRANSPORTERS LIMITED V BANK OF INDIA LIMITED (Civil Suit 98 of 2011) [2012] KEHC 2030 (KLR) (1 October 2012) (Ruling)
✦ The defendant's application for leave to amend the Defence and file a counterclaim is allowed
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NDUNGU KAMOCHE v MUTHONI GITHAE [2012] KEHC 2085 (KLR)
✦ The application is dismissed. The plaintiff is ordered to fix the originating summons down for hearing within 90 days.
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SAMUEL K. BARTENGE & 9 Others v KIPTOO BUNDOTICH YAGAN TUIKONG & 11 Others [2012] KEHC 1974 (KLR)
✦ The application is dismissed with costs as the suit is not scandalous, frivolous, vexatious, or an abuse of the process of the court.
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MARY MUTHONI WAMBUI v REPUBLIC [2012] KEHC 1949 (KLR)
✦ The sentence imposed by the trial court is set aside, and a probation report is ordered to determine the most appropriate sentence.
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MACHAKOS RANCHING LIMITED V JOSEPH WAMBUA [2012] KEHC 2112 (KLR)
✦ The appeal is dismissed with no order as to costs
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MN V RMM & 2 others [2012] KEHC 1908 (KLR)
✦ The appeal is dismissed with costs to the respondent, and the case is remanded to the Senior Resident Magistrate Court for expeditious hearing.
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DAVID MATUNDU NGUNGU V REPUBLIC [2012] KEHC 1796 (KLR)
✦ The sentences should run concurrently
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REPUBLIC V CHAIRMAN LAND DISPUTES APPEALS COMMITTEE AT EMBU & ANOTHER EX PARTE KYANIA THUKA [2012] KEHC 2231 (KLR)
✦ Preliminary objection is overruled with costs to the Ex Parte Applicant
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MURGIAN TRANSPORT LTD V HUNKAR TRADING COMPANY LTD [2012] KEHC 5885 (KLR)
✦ Application for review of the decree is dismissed with costs to the Plaintiff.
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ATTORNEY-GENERAL & another v ONAMU APINDI [2012] KEHC 2107 (KLR)
✦ The application is dismissed with costs to the Respondent.
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JOHN MBUVI KAVOI v REPUBLIC [2012] KEHC 1032 (KLR)
✦ The Appellant's conviction is quashed and the sentence set aside. The Appellant is set at liberty.
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REPUBLIC v SOLOMON MUTUKU MATIVO (Criminal Case 77 of 2007) [2012] KEHC 2002 (KLR) (28 September 2012) (Ruling)
✦ The accused has a case to answer and is reminded of his statutory rights.
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TUMBO MULEI V REPUBLIC [2012] KEHC 1751 (KLR)
✦ The appeal is allowed, and the case is remanded for retrial by a different magistrate.
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REPUBLIC V DISTRICT LAND ADJUDICATION & SETTLEMENT OFFICER MAKUENI EX PARTE MUTUNGI NZIOKA & ANOTHER [2012] KEHC 2098 (KLR)
✦ The notice of motion dated 18th August 2002 is dismissed with costs to the Interested Parties.
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EDWARD BARASA v REPUBLIC [2012] KEHC 1528 (KLR)
✦ The appeal on sentence is allowed, and the sentence is commuted to the term served. The appellant is set at liberty.