Kenyan case law
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Republic v Raphael Amianda [2015] KEHC 1589 (KLR)
✦ The accused is found guilty of murder but is declared insane.
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Kennedy Chomba Macharia v Republic [2015] KEHC 1544 (KLR)
✦ The appeal is dismissed. The appellant will serve the sentence of 6 years. He is however at liberty to appeal against this judgment.
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Hellen Wangari Wangechi v Carumera Muthoni Gathua [2015] KEHC 1758 (KLR)
✦ The court found that the issue of jurisdiction only came up in the judgement at the eleventh hour and that the Respondent was unrepresented, thus possibly explaining why she never raised it in her pleadings.
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Republic v Murimi Njiru [2015] KEHC 1392 (KLR)
✦ The court finds no merit in the application and dismisses it.
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J.G. Builders v Plan International [2015] KEHC 1403 (KLR)
✦ The application is dismissed with costs
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Alexander Mutunga Wathome v Peter Lavu Tumbo & another [2015] KEHC 1767 (KLR)
✦ The Court finds that the Applicant is not a legal representative of the 2nd Protestor and thus cannot be substituted as the trustee of the deceased's estate.
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Republic v Richard Bichage Okumu [2015] KEHC 1941 (KLR)
✦ The accused is sentenced to a 1-year non-custodial sentence with supervision by the Probation Officer.
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Paval Properties Ltd & 2 others v Thindigua Company Limited [2015] KEHC 8333 (KLR)
✦ The application is allowed with the following terms: the case is transferred to this court, the Plaintiffs are given leave to amend their Plaint, and the Defendant is given 10 days to file its amended defence.
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In re of baby J [2015] KEHC 1727 (KLR)
✦ The court allows the adoption of Baby J by GNM and JKN, and orders that she be known as EPWN. The court appoints PMG and AWM as legal guardians in case of the Applicants' death or incapacity. The Director of Immigration is authorized to issue Baby J a Kenyan passport.
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Diani Business Welfare Association and others v County Government of Kwale (Petition 39, 45, 61 & 63 of 2014) [2015] KEHC 1968 (KLR) (23 October 2015) (Ruling)
✦ The Court found that the Act lacked public participation, as required by Articles 10 and 201 of the Constitution and Sections 87, 91, and 137 of the County Governments Act and Public Finance Management Act.
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Paola Tarlazzi (suing through his attorney and/or Agent) Carla Tarlazzi v Roberto Ciavolella [2015] KEHC 1966 (KLR)
✦ The Application is dismissed with costs.
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Orthodox Towers Management Company Limited & another v Prime Bank (Kenya) Limited & another [2015] KEHC 580 (KLR)
✦ The court ordered the defendant to allow the plaintiffs access to the account and release the funds in terms of the motion.
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Kenya Anti-Corruption Commission v Kamlesh M.D. Pattni & 16 others [2015] KEHC 1466 (KLR)
✦ The references are dismissed with costs to the 13th and 16th defendants
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John Bosco Maundu v William Wambua Kiwia & 2 others [2015] KEHC 1478 (KLR)
✦ The motion is allowed in terms of prayers 3, 4 and 5
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Pethad Ramnik Shantilal & another v Republic [2015] KEHC 1963 (KLR)
✦ The appellants were properly convicted and sentenced and their appeal is dismissed.
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Republic v Land Disputes Tribunal, Karuri & 2 others [2015] KEHC 7856 (KLR)
✦ The court declines to grant leave to the Applicant to apply for judicial review orders as prayed in the chamber summons application dated 3rd October, 2014.
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Gatts (K) Limited v Peter Awando Godial, Roselinda Amolo Awando, Tom John Awando & George Gitonga Muchiri t/a Fantasy Auctioneers (Civil Case 207 of 2014) [2015] KEHC 1483 (KLR) (Civ) (23 October 2015) (Ruling)
✦ The ex-parte judgment is set aside due to improper service of summons and the defendants have a strong defense.
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Ratemo Oira & Company Advocates v Magereza Sacco Ltd [2015] KEHC 582 (KLR)
✦ The application is dismissed with costs, as the Taxing Master's decision to strike out the bill of costs was correct and the bill was manifestly excessive and exorbitant.
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In re Matter Of The Estate Of Wanja Gachuhi Alias Margaret Wanja Gachuhi (Deceased) [2015] KEHC 1611 (KLR)
✦ Application dismissed with costs
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Elsek & Elsek (K) Limited v Kenya Commercial Bank Ltd [2015] KEHC 8324 (KLR)
✦ The Defendant is entitled to exercise its statutory power of sale upon default by the Plaintiff, but the Plaintiff is constitutionally entitled to protection of his property. The Defendant and its agents are stopped from selling off or disposing off the suit property until a new valuation report prepared by an agreed Valuer is prepared.
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Robert Githaiga Mwangi & 4 others v Kiamumbi Farmers Co-operative Society Ltd [2015] KEHC 578 (KLR)
✦ The High Court does not have jurisdiction to entertain the suit and the application for security of costs is struck out.
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James B. O Anunda v Rose Namasaya Anunda [2015] KEHC 271 (KLR)
✦ The plaintiff's application is dismissed with costs to the defendant
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Republic v Dicton Deha Mwaringa & another [2015] KEHC 1514 (KLR)
✦ The 2nd accused is found guilty of infanticide and sentenced to four (4) years imprisonment
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Maltauro Construction Co. Ltd v Sermetey Enole Sordo [2015] KEHC 1776 (KLR)
✦ The judgment is set aside due to the trial magistrate's removal from office and the late delivery of the judgment.
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Habilhalim Company Limited v Barclays Bank of Kenya Limited [2015] KEHC 1501 (KLR)
✦ The motion is well-founded. The Defendant's defence is struck out, and summary judgment is entered on the Plaintiff's claim.