Kenyan case law
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Teresia Muthanje Njagi & another v Niceta Runji Njagi & another [2016] KEHC 2459 (KLR)
✦ The court dismissed the application of the protestors, finding that the petitioners did not consult the protestors before filing the succession cause and that the deceased's distribution of the estate was fair and reasonable.
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Kibucho Limited (In Liquidation) v Official Receiver & 2 others [2016] KEHC 1500 (KLR)
✦ The Court allows the Attorney General's Notice of Motion and stays the orders of the High Court for 180 days to allow the Attorney General to move the Court in Misc Application No. 1259 of 1999 regarding the consent orders.
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In re M N (Baby) [2016] KEHC 1590 (KLR)
✦ The court allows the adoption and orders the child to be known as KB M, with her date of birth presumed to be October 16, 2012, and her place of birth Thika. The court appoints VS and SM as legal guardians in case of the Applicants' death or incapacity. The Registrar General is directed to enter the order in the Adoption Register, and the Director of Immigration is authorized to issue the child with a Kenyan passport.
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C N M v Z N N [2016] KEHC 2324 (KLR)
✦ The court held that the petitioner had rights under repealed law and that the respondent was not a truthful witness. The court granted the divorce and awarded custody of the youngest child to the petitioner.
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Robert James Imbaya & another v Philip Juma Akoth [2016] KEHC 1908 (KLR)
✦ The application for taking of accounts is allowed with costs to the Defendant.
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Elisha Nyagaya Onduro v Republic [2016] KEHC 1973 (KLR)
✦ The appeal is allowed, sentence set aside. The fine of KShs.260,000 is refunded to the appellant.
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Nahashon Ngige Nyagah v Stephen Armstrong Jennings & 3 others [2016] KEHC 8308 (KLR)
✦ The application is dismissed with costs as the Plaintiff has not demonstrated a prima facie case with a probability of success.
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Amos Mbugua v Republic [2016] KEHC 183 (KLR)
✦ The charge sheet is not fatally and incurably defective. The age of the complainant is 1995, and the discrepancies in the day and month of birth are not material.
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Daniel Wanyama Chacha & another v Republic [2016] KEHC 2235 (KLR)
✦ The appeal is dismissed as the prosecution's evidence was sufficient and the court's consideration of mitigation was appropriate.
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Republic v Benjamin Mwenda Karau [2016] KEHC 1659 (KLR)
✦ The court denies the application and orders the accused to remain in remand until the case is heard.
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Patrick Kofia v Gogar Farm Limited [2016] KEHC 1664 (KLR)
✦ The appeal is transferred to the Employment and Labour Relations Court.
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Morris Andabo v Republic [2016] KEHC 2532 (KLR)
✦ The appeal is dismissed in its entirety as the findings of the trial court were based on sound evidence and the law.
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Rwaken Investments Limited v Isaac Kiprop Chelunyei & another [2016] KEHC 8221 (KLR)
✦ The judgment and order of the chief magistrate are set aside and the case is remanded for a new trial.
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Republic v Joseph Musembi Mutuku & another [2016] KEHC 1932 (KLR)
✦ The court found the Accused persons not guilty of the charge of murder.
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N C V & K J K v Republic v Republic [2016] KEHC 2119 (KLR)
✦ Bail granted pending appeal
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National Bank of Kenya Limited v Ali Mohammed Abdi & 2 others [2016] KEHC 1269 (KLR)
✦ Leave is granted to the 1st and 2nd Defendant to file Amended Statement of Defence and Counterclaim
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Lawrence Kimatta v Resma Commercial Agencies Limited [2016] KEHC 1657 (KLR)
✦ Appellant's conduct in prosecuting the appeal is deemed indolent and lacks seriousness
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Koyando Investments suing through Jacob Oloo Ogut v B. N. Kotecha & Sons Limited [2016] KEHC 2333 (KLR)
✦ The court dismisses the application to strike out the defendant's statement of defence and enter judgment, finding the case not straightforward and with issues that require a full trial.
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Christine Nafula Juma v Beatrice Chirindo Tsuma [2016] KEHC 2464 (KLR)
✦ The High Court lacks jurisdiction to hear the appeal and transfers the case to the Environment and Land Court at Mombasa.
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Donald Mwarangi & another v Mejumaa Nuru Mwakio & another [2016] KEHC 2320 (KLR)
✦ The Applicants' application is allowed, and they are granted leave to file an appeal out of time and a stay of execution pending appeal, subject to depositing the decretal sum into an interest-earning account.
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Moses Mwangi v Francis Wahome Ngahu [2016] KEHC 2418 (KLR)
✦ The appeal was dismissed with the consent of the parties.
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In re of baby B L ( [2016] KEHC 1662 (KLR)
✦ The court allows the adoption application and orders the Applicants to adopt the child.
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Analik Wekesa & another v Hellen Wairimu Mwangi & another [2016] KEHC 1709 (KLR)
✦ The appeal is dismissed with costs to the Respondent
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In re of baby S K [2016] KEHC 1758 (KLR)
✦ The court allows the prayers of the Applicants and orders that they are allowed to adopt Baby S K, who shall henceforth be known as J H L.
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Julius Nthiw’a Mulinge v Florence Mutinda Mulinge [2016] KEHC 2183 (KLR)
✦ The application is dismissed with no orders as the Objector is no longer interested in revocation and the parties are negotiating to enjoin the Objector as Co-administrator.