Kenyan case law
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DANIELE SCOLARO v FABIO MARELLI & 2OTHERS [2010] KEHC 2399 (KLR)
✦ The court directs that the 1st and 3rd defendants deposit Kshs. 500,000 as security to be held by the court until the suit is disposed of.
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KARISA KILONGO v REPUBLIC [2010] KEHC 1771 (KLR)
✦ The conviction is quashed due to the contradictory evidence and the lack of reliable corroboration.
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KAHINDI KATANA CHENGO & 19 OTHERS v HAFSA OMAR MZEE HAJI [2010] KEHC 2393 (KLR)
✦ The application is allowed, and temporary restraining orders are issued against the defendants until the suit is determined.
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REPUBLIC v EDWARD KIRUI [2010] KEHC 2733 (KLR)
✦ The court finds the accused not guilty of murder and orders him set at liberty
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DAVID K. NJOROGE & 5 OTHERS V RICHARD GICHANGI & 3 OTHERS [2010] KEHC 1650 (KLR)
✦ The learned magistrate found that the elections of 4th March, 2003 were valid and that the respondents were members of SENVINET. The special members meeting of 5th September, 2003 was irregular.
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London Distillers (K) Limited v Philip Kipchirchir & 2 others [2010] KEHC 1783 (KLR)
✦ The application is dismissed save for the addition of the words 'failed to make submissions' in the preamble of the decree.
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CAPITAL CONSTRUCTION CO. LTD. V IN THE MATTER OF COMPANIES ACT [2010] KEHC 1803 (KLR)
✦ The consent order dated 13 May 2009 is vacated, and the winding up proceeding proceeds to hearing.
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ELIM ALIM JOSEPH & ANOTHER V REPUBLIC [2010] KEHC 804 (KLR)
✦ The appeals are dismissed. The appellants were properly convicted and sentenced.
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COSMOS MUGAMBI & 2 others v REPUBLIC [2010] KEHC 1837 (KLR)
✦ The court declines to reinstate the appellants' bail because they failed to abide by its terms. The court orders the O.C.S. Ntumu to inform the court about the progress in arresting the third appellant.
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REPUBLIC v SEVERIO NJAGI MUCENA & 2 others [2010] KEHC 1834 (KLR)
✦ The court finds that the accused's constitutional rights were violated and acquits all accused of murder.
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AARON MWENDA v REPUBLIC [2010] KEHC 1841 (KLR)
✦ The court declines to grant bail pending appeal, dismissing the Notice of Motion.
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PETERSON KIRAGU MUGAMBI V JOSEPH MUNUHE KAMITHA [2010] KEHC 2141 (KLR)
✦ The court finds the summons for Revocation of Grant well-founded and allows it.
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BUREAU VERITAS (K) LIMITED v KENYA BUREAU OF STANDARDS & 4 others [2010] KEHC 1812 (KLR)
✦ The application to strike out the amended defence is dismissed. The thin line between usurpation of powers and statutory body functions is triable and should be determined in court.
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LYDIAH WANGUI MACHIRA v THE BOARD OF GOVERNORS MICHINDA BOARDING PRIMARY SCHOOL [2010] KEHC 1632 (KLR)
✦ The plaintiff is entitled to Kshs.138,115 in damages, and the defendant is ordered to pay this amount without interest. The plaintiff is not entitled to interest on the Kshs.168,077.40 gratuity. The defendant shall pay the Kshs.168,077.40 gratuity to the plaintiff without interest within 30 days. Costs are to be borne by the defendant.
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MASORO KITI KOMBE V REPUBLIC [2010] KEHC 1691 (KLR)
✦ The court upheld the sentence of one month's imprisonment without the option of a fine.
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AWO SHARIFF MOHAMMED V ABDULKADIR SHARIFF ADBIRAHIM & 3 OTHERS [2010] KEHC 1809 (KLR)
✦ The court finds that the property was not sold and that the application is merely academic. Costs are awarded to the 1st objector.
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BENSON KARUTI V REPUBLIC [2010] KEHC 1829 (KLR)
✦ The court dismissed the application for bail pending appeal as the appellant's appeal does not have high chances of success and there were no special circumstances to justify bail.
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CHARLES H. K. KAMAU V BARNABAS MUCHANGI [2010] KEHC 1278 (KLR)
✦ The appeal is dismissed with costs to the respondent. The decision of the trial magistrate is hereby confirmed.
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LEONARD MBOBUA MUNGANIA V REPUBLIC [2010] KEHC 841 (KLR)
✦ The appeal is allowed, conviction and sentence quashed, and the case remanded for retrial.
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PRECIOUS GEMS LTD V MOTEMPA SUAKEI SITEYIA [2010] KEHC 1777 (KLR)
✦ The suit is struck out as it was filed in a court without jurisdiction and there is no valid suit before the High Court.
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KENNEDY KIGORWE MWITHIGA v REPUBLIC [2010] KEHC 1860 (KLR)
✦ The court granted the appellant bail pending appeal, ordering him to be released on his own bond of Kshs. 150,000 and one surety of similar amounts.
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DOUGLAS MURIUKI MBURUGU v REPUBLIC [2010] KEHC 1857 (KLR)
✦ The court dismisses the application as the applicant has not shown that Meru Chief Magistrate Court would be biased against him and the case is now part heard in Meru.
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CHARLES NYAGA v REPUBLIC [2010] KEHC 1850 (KLR)
✦ Bail pending appeal will not be reinstated due to failure to keep bail terms
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AARON MWENDA V REPUBLIC [2010] KEHC 2386 (KLR)
✦ The appeal is dismissed and the sentence is set aside, with the appellants being released after serving one month.
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MORRIS MUREGA & ANOTHER V REPUBLIC [2010] KEHC 798 (KLR)
✦ The appeals are allowed, the conviction and sentences are quashed, and the Appellants are to be retried before another magistrate.