Kenyan case law
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LUCY NYAMANU KIMANI v LAWRENCE MBURU MUTHIGA [2006] KEHC 1781 (KLR)
✦ The application for stay pending appeal is hereby dismissed with costs to the Respondent and against the appellant/applicant.
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POSTAL CORPORATION OF KENYA v JOB GACHANGE NJAGI [2006] KEHC 1778 (KLR)
✦ The appeal is dismissed with costs to the Respondent and against the Appellant. The Appellant is ordered to pay damages as follows: General Damages K.Shs.1,000,000/-, Special Damages K.Shs.511,334/-, Loss of earning capacity K.Shs.189,000/-, and Respondent awarded costs and interest at court rate.
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BENARD GAITHUMA NJUGUNA v B.P. KENYA LTD [2006] KEHC 2075 (KLR)
✦ Judgment is entered in favor of the defendant, B.P. Kenya Ltd., for the sum of Kshs. 8,789,623/81, with the plaintiff paying Kshs. 2,269,899.81 in part satisfaction and the balance within 14 days.
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In Re Mwariki Farmers Company Limited [2006] KEHC 2046 (KLR)
✦ The application to set aside the order restoring the company to the Register of Companies is dismissed.
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SIMON MUCHIRI v VIRGINIA NJERI CHURU (? 34 of 1997) [2006] KEHC 2044 (KLR) (21 June 2006)
✦ The application is dismissed with costs.
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DAVID IRUNGU v RICHARD WACHIRA [2006] KEHC 2033 (KLR)
✦ An order for stay of execution pending appeal shall issue on condition that the applicant shall pay all outstanding rent to the Respondent and shall continue to pay Rent as and when it falls due.
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In Re Golden Grains Limited [2006] KEHC 2042 (KLR)
✦ The court restores the name GOLDEN GRAIN LIMITED to the Register of Companies in Kenya and orders its advertisement in the Kenya Gazette at the company's costs. No order as to costs.
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REPUBLIC v REUBEN KIPTANUI KIPTOO [2006] KEHC 1944 (KLR)
✦ The prosecution has established a prima facie case and the accused is placed on his defence.
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NATIONAL CEREALS & PRODUCE BOARD v MBWANJI LIMITED (Civil Case 4260 of 1992) [2006] KEHC 2058 (KLR) (20 June 2006)
✦ The defendant did not owe the plaintiff KShs.13,099,945.40 for goods sold and delivered at the defendant's request.
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REPUBLIC v THE DISTRICT LAND ADJUDICATION OFFICER TRANS-MARA DISTRICT & ANOTHER Exparte WILSON TALENGO LEMUNGE [2006] KEHC 401 (KLR)
✦ The application is rejected and dismissed as the adjudication officer did not act ultra vires and the rules of natural justice were followed.
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Kapolonto Ole Kenana & 2 others v Republic [2006] KEHC 3432 (KLR)
✦ The appeal is allowed, the conviction is quashed, and the sentence is set aside. The bonds executed by the appellants are nullified and they are set at liberty.
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ELIJAH KIPNG’ENO ARAP BII v KENYA COMMERCIAL BANK LIMITED [2006] KEHC 2112 (KLR)
✦ The court dismissed the plaintiff's application for an injunction, finding that the plaintiff had no locus to allege illegality of the defendant's board meeting and that the plaintiff was not indebted to the defendant.
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KENYA REVENUE AUTHORITY v HEADLINK PUBLISHER LIMITED & another [2006] KEHC 2090 (KLR)
✦ The application is allowed in terms of Prayer 3 and 6 of the Chamber Summons dated 10th February 2006.
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DEDAN MWANGI THUKU v KIAMURIUKI BUS SERVICES LTD [2006] KEHC 2055 (KLR)
✦ The application is dismissed with costs. The plaintiff should wait until the full trial of the suit and if the suit is decided in his favour, he will be entitled to damages.
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REPUBLIC v DISTRICT LAND ADJUDICATION OFFICER TRANS-MARA DISTRICT & another [2006] KEHC 61 (KLR)
✦ The application is rejected and dismissed as the adjudication officer did not act ultra vires and the rules of natural justice were followed.
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ISAAC ORAPA v REPUBLIC [2006] KEHC 1487 (KLR)
✦ Bail is granted to the applicant unless there are militating circumstances
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RAPHAEL KURIA KIWARA V ATTORNEY GENERAL [2006] KEHC 2092 (KLR)
✦ The plaintiff's claim is dismissed with costs
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OSCAR IYAITE v REPUBLIC [2006] KEHC 1746 (KLR)
✦ The Children’s Act overrides the Penal Code in the issue of bail for a child charged in a criminal court. Bail should be granted unless there are militating circumstances.
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REPUBLIC v CHAIRMAN CHEPTAIS LAND DISPUTES TRIBUNAL Ex-parte BENJAMIN KISIERO & another [2006] KEHC 1734 (KLR)
✦ The application is merited as the same has been made within 6 months as by the relevant law enjoins
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SANKALE OLE KANTAI T/A KANTAI & COMPANY ADVOCATES v KENYA BUS SERVICES LIMITED (? 1048 of 2005) [2006] KEHC 2110 (KLR) (20 June 2006)
✦ The court grants summary judgment in favor of the applicant for KShs. 56,758/80 and awards interest on the taxed costs at 9% per annum from 20th February 2006.
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KIAHURIA PROPERTIES LTD v NATIONAL BANK OF KENYA LTD & another [2006] KEHC 2155 (KLR)
✦ The court grants leave to the 1st Defendant to amend its Defence
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REPUBLIC v KYUSYA KIVWIA [2006] KEHC 1708 (KLR)
✦ The court finds no evidence linking the accused with the murder and thus acquits him.
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CHARLES KIMAITA MWITHIMBU v JOSEPH R.C. MWIRIGI MUGUNA [2006] KEHC 2068 (KLR)
✦ The court will give directions on how to proceed and will not give a final judgment until proper directions are given by the court.
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REPUBLIC v DARMI KALICHA & another [2006] KEHC 2051 (KLR)
✦ The appeal is dismissed as the case had too many defects and the prosecution could not prove the respondents handled the stolen items.
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ELKANAH ORARE OTUNDO v RAEL OTUNDO [2006] KEHC 2076 (KLR)
✦ The defendant's application is allowed, and the plaintiff's plaint is withdrawn and transferred to Kisii High Court.