Kenyan case law
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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.
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DANIEL N. ONCHANGI OIRA & another v ESTHER NYABIAGE ONKWARE [2010] KEHC 2275 (KLR)
✦ The respondent proved that the 1st appellant was the owner of the motor vehicle registration No. KAN 697 B. The appellants were found fully liable for the accident. The award of Kshs. 200,000/= as general damages is upheld. Special damages are reduced to Kshs. 39,015/=. The appellants shall bear the costs of the appeal.
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PAUL GATHARA V ATANASIO MURUIKI KINYUA [2010] KEHC 1578 (KLR)
✦ Appellant's application for a stay of execution of the lower court decree is allowed on condition that he deposits Kshs.20,000/- within 30 days.
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JAMAL RAMADHAN YUSUF & ANOTHER V RUTH ACHIENG ONDITI & ANOTHER [2010] KEHC 381 (KLR)
✦ The appellants were not negligent and did not cause the accident, and the subordinate court's apportionment of liability was incorrect.
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J.M & another v Attorney General [2010] KEHC 1663 (KLR)
✦ The court dismissed the appellants' claims for damages.
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NASHON OLUOCH V KENYA TIMES MEDIA TRUST LTD [2010] KEHC 2243 (KLR)
✦ The application is dismissed as frivolous.
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MOGOKO OMANWA V NORAH K. NYAMBATI [2010] KEHC 356 (KLR)
✦ The applicant's claim of adverse possession was dismissed as the originating summons was incompetent and bad in law for failure to comply with the mandatory requirements of Order XXXVI rule 3D of the Civil Procedure rules. The threshold of twelve years for adverse possession had not been attained, and the applicant's claim was clearly misguided.
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MARY KWAMBOKA ONGERI v TERESIA NYAMOITA MORARA [2010] KEHC 423 (KLR)
✦ The court finds in favor of the applicant, declaring that she holds the parcel LR.No. West Mugirango/Siamani/5270 in trust for the applicant and determining her beneficial share.
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JOHN MUHANDA MUYA & ANOTHER V STANLEY K. KURIA & ANOTHER [2010] KEHC 1630 (KLR)
✦ The first defendant (Stanley K. Kuria) is found 40% liable and the second defendant (Monica Waitera Mugo) is found 60% liable.
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MALINDI MANAGEMENT STRATEGY T/A MALINDI CASINO v STEFANO SCHIAPPACASE [2010] KEHC 2406 (KLR)
✦ The appeal will not be dismissed, but the appellant must take steps to have the file placed before the Deputy Registrar and follow up in all appropriate steps to prosecute the appeal.
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ALICE KINGORI NDUTA V REPUBLIC [2010] KEHC 2258 (KLR)
✦ The appeal is allowed, conviction and sentence quashed, and the appellant is set at liberty.
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RAMADHAN SALIM SHABAN ROBERT OGARE & ANOTHER V REPUBLIC [2010] KEHC 2358 (KLR)
✦ The application is allowed, and the case is transferred to Busia SPM Court for hearing by a magistrate of competent jurisdiction other than Mr. E. Obaga Senior Principal Magistrate.
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SATE RIDE LIMITED v JAMES ANYEGA [2010] KEHC 1902 (KLR)
✦ The respondent was found to be an employee and the appellant was ordered to pay the respondent Kshs. 188,028/80 in salary arrears and annual leave allowances.
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MORAA MASARE & 5 OTHERS v GEOFFREY MATOKE [2010] KEHC 345 (KLR)
✦ The court grants the application for stay of execution pending appeal, subject to the appellants depositing all 8 titles resulting from the subdivision of the suit premises within 7 days.
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REPUBLIC V NYANDARUA OLKALOU DIVISION LAND DISPUTES TRIBUNAL & 3 OTHERS [2010] KEHC 1878 (KLR)
✦ I order that each party bears its own costs of this application.
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KENYA TEA DEVELOPMENT AGENCY LTD. v JUSTUS KIMANI OCHARO [2010] KEHC 2255 (KLR)
✦ The termination of the respondent's employment was wrongful, but the trial court erred in awarding damages for wrongful dismissal. The appeal is allowed, and the respondent is ordered to pay two months' salary in lieu of notice plus any terminal benefits due.
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JOHNSON MWANGI IKAU V REPUBLIC [2010] KEHC 1633 (KLR)
✦ The sentence is reduced to a term that will secure the appellant's immediate release.
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CALEB OWARE MAENDE v REPUBLIC [2010] KEHC 2410 (KLR)
✦ The conviction is upheld, but the sentence is set aside and reduced to five years imprisonment with hard labour.
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KENYA TEA DEVELOPMENT AGENCY LTD v ANDREW MOKAYA [2010] KEHC 1903 (KLR)
✦ The appeal is allowed, the judgment and decree of the subordinate court is set aside, and the suit is dismissed with costs to the appellant.
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BENARD SIKUKU v REPUBLIC [2010] KEHC 2413 (KLR)
✦ The appeal is dismissed, conviction and sentence upheld
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D.M. v B.P.M. [2010] KEHC 373 (KLR)
✦ The petition for divorce is allowed. A decree Nisi shall issue to be made absolute within the statutory period. The petitioner is granted custody of the child.
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ALICE NEKESA WANYONYI V REPUBLIC [2010] KEHC 2422 (KLR)
✦ The conviction is upheld, and the sentence of seven years is reduced to six years, to run from November 4, 2004.
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Kipyegon Arap Rono v Ntex Construction Co. Ltd [2010] KEHC 2182 (KLR)
✦ Affirmed the judgment of the learned Chief Magistrate
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SALIM ALI ANZENZE v REPUBLIC [2010] KEHC 2049 (KLR)
✦ The appeal is dismissed as the evidence was credible and consistent, and the issue of penetration was conclusively determined.
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CATHERINE NJERI WAWERU V TERESIAH N. NGURE [2010] KEHC 2244 (KLR)
✦ The application for injunction is dismissed with costs.