Kenyan case law
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Pius Lawrence v Metallica Engineering Industries Limited [2009] KEHC 1957 (KLR)
✦ The plaintiff's application lacks merit and is hereby dismissed with costs to the 2nd defendant.
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ESTHER CHEPKIRUI NGENO v ESTHER CHELELGO NGENO [2009] KEHC 72 (KLR)
✦ The application for De Bonis non is allowed, and John Cheruiyot Bett is appointed as the administrator in place of Esther Ng’eno – Chepkirui.
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LUCY WANGITHI MUGAI v REPUBLIC [2009] KEHC 2630 (KLR)
✦ The appeal lacks merit and is dismissed.
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JOSEPH MWANGI IRUNGU v REPUBLIC [2009] KEHC 3345 (KLR)
✦ The appeal is dismissed. The sentence imposed was neither manifestly harsh nor excessive and was in the circumstances appropriate.
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DAVID GEORGE BELL & another v ASHUTOSH BHASIN [2009] KEHC 2056 (KLR)
✦ The sale agreement was terminated, and the plaintiffs are awarded Kshs.2,849,425.
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KENYA ACCOUNTANTS AND SECRETARIES NATIONAL EXAMINATIONS’ BOARD v PAUL KIPKEMBOI CHEMNG’OREM & 4 others [2009] KEHC 1862 (KLR)
✦ The court grants the defendant's application to file additional documents, allowing the defendant to produce the documents in evidence.
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ELIUD NJAGI NDEGWA V REPUBLIC [2009] KEHC 2249 (KLR)
✦ The proceedings were a nullity and the appeal is allowed, conviction quashed, and sentence set aside.
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KITUR ARAP SOI & another v CHAIRMAN, BOMET LAND DISPUTES TRIBUNAL & 2 others [2009] KEHC 931 (KLR)
✦ Leave is granted to file a judicial review proceeding of certiorari.
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DOSHI IRONMONGERS v COMMISSIONER FOR DOMESTIC TAXES & another [2009] KEHC 2867 (KLR)
✦ The application is dismissed with the Applicant bearing the costs.
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IN THE MATTER OF THE ESTATE OF MACHARIA WANYEKI (DECEASED & ANOTHER V PENINAH WANJIRU MACHARIA [2009] KEHC 2133 (KLR)
✦ The grant of letters of administration is confirmed in joint names of the petitioner and objector. The suit premises are to be divided into four equal portions, with Wachira's share to be shared equally between the petitioner and objector in trust.
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IN THE MATTER OF THE ESTATE OF M’MUKINDIA M’KUGIA ALIAS MUKINDIA M’KUGIA & ANOTHER V NKANATA MUKINDIA [2009] KEHC 2086 (KLR)
✦ The suit land is the net intestate estate of the deceased and shall be divided equally among his surviving children.
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John Kinoti Sammy t/a Kin Intergrated Solutions v Innscor Kenya Limited & 2 others [2009] KEHC 1880 (KLR)
✦ The 1st defendant is found guilty of contempt and fined Ksh.100,000/-
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EUNICE WAINOI MURIITHI V MARY MIRIGO KARIMI [2009] KEHC 2752 (KLR)
✦ The appeal is allowed. The judgment and decree of the subordinate court is set aside. The grant for letters of administration is confirmed in terms of the application for confirmation of grant.
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Charles Mutahi Mwangi v Imperial Bank Limited & 2 others [2009] KEHC 1732 (KLR)
✦ The plaintiff's claim cannot be granted an injunction as it can be adequately compensated for with damages
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IN THE MATTER OF W.A. (A CHILD) [2009] KEHC 2279 (KLR)
✦ The court grants the applicant permission to adopt the child and appoints the applicant's sister as the child's legal guardian.
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JOSEPH BWOGA ONDIJO V PATRICK ODHIAMBO OSODO & 2 OTHERS [2009] KEHC 2903 (KLR)
✦ The court found that there was a valid agreement of sale between the Plaintiff and the 1st Defendant, and that the 1st Defendant was in breach of the agreement by selling the suit premises to the 2nd Defendant. The court also found that the 1st Defendant acted fraudulently in selling the suit premises and that the Plaintiff lost the sum of Kshs.30,000/= paid to the 1st Defendant and also lost the money she paid to the 3rd Defendant in respect of the suit premises.
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MUTHUKIA MOSE v REPUBLIC [2009] KEHC 2632 (KLR)
✦ The sentence of 5 years imprisonment is set aside and the appellant is released from custody.
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KENNETH KIPNGETICH KIRUI v REPUBLIC [2009] KEHC 1793 (KLR)
✦ The application is granted, and the appeal is ordered to be filed within 14 days from the date of the ruling.
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New Nyamakima Company Limited v Jeremiah Waweru Mwangi & 5 others [2009] KEHC 1608 (KLR)
✦ The application is dismissed with costs to the defendants.
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LUCY WAITHERA MWANGI & 2 others v STEPHEN KIMANGA & 5 others [2009] KEHC 3226 (KLR)
✦ The application is dismissed with costs
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RAYMOND MWANGI WAWERU & 4 OTHERS V AMBOSELI COURT LIMITED [2009] KEHC 2288 (KLR)
✦ The defendant's application to dismiss the plaintiffs' suit with costs is dismissed
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JOEL MAINA GICHIMU v REPUBLIC [2009] KEHC 3346 (KLR)
✦ The appeal on sentence is allowed. The sentence of 3 years imprisonment imposed is hereby set aside. The appellant shall be released from prison custody.
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MARANGU M’MUKINDIA KIIRI V REPUBLIC [2009] KEHC 2252 (KLR)
✦ The appeal is allowed, conviction quashed, and sentence imposed set aside.
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ESTHER CHELANGAT RONO v ANDREW KIBII RONO [2009] KEHC 762 (KLR)
✦ The applicant is given leave to enlarge time to challenge the taxed costs under rules 11(1) and 11(4) of the advocates (remuneration order) within twenty-one days of the date of the order.
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NELSON KIPROTICH LANGAT v REPUBLIC [2009] KEHC 1795 (KLR)
✦ Leave to appeal out of time is granted, and the applicant is given 14 days to file the appeal.