Kenyan case law
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JOSEPH MWEMA KINYANZI v REPUBLIC [2012] KEHC 1802 (KLR)
✦ The appeal is dismissed in its entirety.
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AFRICAN INDEPENDENT PENTECOSTAL CHURCH OF AFRICA TRUSTEES REGISTEREDV ELIJAH MIANO GATONYE & 2 OTHERS (Civil Appeal 50 of 2012) [2012] KEHC 2039 (KLR) (28 September 2012) (Ruling)
✦ The court granted an injunction to the appellant pending the hearing and determination of the appeal, finding that the appellant has a prima facie case with high chances of success and that the respondents have entered the wrong piece of land.
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PETER KALOLA KITAVI V REPUBLIC [2012] KEHC 1798 (KLR)
✦ Conviction and sentence quashed, appellant acquitted
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DAVID MATUNDU NGUNGU V REPUBLIC [2012] KEHC 1796 (KLR)
✦ The sentences should run concurrently
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RWAMA FARMERS CO-OPERATIVE SOCIETY LIMITED V THIKA COFFEE MILLS LIMITED [2012] KEHC 5450 (KLR)
✦ The court dismisses the Defendant's application to set aside the award and allows the Plaintiff's application to adopt the award as a judgment of the court.
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DANIEL KALOKI KIOKO V WILLY MUASA KIOKO & ANOTHER [2012] KEHC 2178 (KLR)
✦ The chamber summons dated 29th July 2010 is refused. It is dismissed with costs to the Defendants.
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MUTUA KIVAYA NTHENGE V REPUBLIC [2012] KEHC 2184 (KLR)
✦ The appeal against conviction and sentence is dismissed
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MUTISO ISAIAH MUTYAUVYU V PETER NDUE MUTISO & 2 OTHERS [2012] KEHC 2132 (KLR)
✦ The court lacks jurisdiction to hear and determine the suit due to the Defendants' status as members of the cooperative society.
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APOLLO ONYANGO NJAGO & ANOTHER V SAVINGS & LOAN KENYA LIMITED [2012] KEHC 1852 (KLR)
✦ The plaintiffs' application is dismissed with costs to the defendant.
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OSHO CHEMICAL INDUSTRIES LTD V NATHANIEL KAMAU NJOROGE T/A FARMGUARD CHEMICAL COMPNAY LTD [2012] KEHC 5901 (KLR)
✦ The Defendant’s application for summary judgment is dismissed with costs.
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JOSEPHINE NDINDA DAVID V FLORENCE MUENI MULE [2012] KEHC 1906 (KLR)
✦ The court held that Mule is a trespasser and has no legal right to be in occupation of the suit premises, and thus David is entitled to an order of eviction and costs.
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Kenya Commercial Bank Limited v Sun City Properties Limited & 5 Others [2012] KEHC 5872 (KLR)
✦ The application for stay of execution is allowed subject to the Defendants depositing Kshs.30,000,000 within 45 days in an interest earning account in the joint names of the Advocates firms representing the parties.
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JANE MBITHE MUTUKU v THE CHAIRMAN, B.O.G., KYETHIVO SECONDARY SCHOOL & another [2012] KEHC 2096 (KLR)
✦ The Defendants did not borrow money from the Plaintiff
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REPUBLIC v JOSEPH WANJOHI NDUNG’U & 2 Others [2012] KEHC 1997 (KLR)
✦ The court allowed the application for bail on reasonable terms.
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NYAMAI MUSYOKA v REPUBLIC [2012] KEHC 2233 (KLR)
✦ The conviction for the alternative charge of indecent act with a child is quashed. The conviction for defilement remains. The sentence of 20 years imprisonment is upheld.
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ATTORNEY-GENERAL & another v ONAMU APINDI [2012] KEHC 2107 (KLR)
✦ The application is dismissed with costs to the Respondent.
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D.W. V REPUBLIC [2012] KEHC 1569 (KLR)
✦ The conviction and sentence are quashed, and the appellant is set at liberty.
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AITHI MA AATHI MTITIO ANDEI RIVER RANCHING GROUP & 3 others v SIMON TREVOR & 3 others [2012] KEHC 2242 (KLR)
✦ The court refuses to strike out the Plaintiffs' suit and directs them to file an appropriate application for amendment of the plaint to properly describe the suit land and for substitution of the officials of the 1st Plaintiff.
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ARNOLD MUATHA MAINGI v KATELEMBO MUVUTI ATHIANI CO-OPERATIVE RANCHING SOCIETY LIMITED & another [2012] KEHC 2133 (KLR)
✦ The Plaintiff's claim of adverse possession against the 1st Defendant is dismissed with half of the costs of the suit. The Plaintiff's claim of adverse possession against the 2nd Defendant is sustained, but the defects in the suit can be rectified by joinder and amendment.
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DOUGLAS MWANGI MUTERU V HOSEA NDERI KAREITHI [2012] KEHC 1595 (KLR)
✦ The application for stay of execution pending appeal is dismissed with costs to the Respondents, but a stay of execution for 14 days is granted to enable the Applicant file an application for stay of execution in the Court of Appeal.
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REPUBLIC V COSMAS NZUKI VALEKI [2012] KEHC 1832 (KLR)
✦ The court finds that the accused has a case to answer and reminds him of his statutory rights.
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MUTUKU MBITHI V COAST BUS SAFARIS LTD & ANOTHER [2012] KEHC 2232 (KLR)
✦ Damages awarded under the Law Reform Act: Pain and Suffering - KShs 15,000/00, Loss of Expectation of Life - KShs 100,000/00. Damages awarded under the Fatal Accidents Act: KShs 150,300/00. Special damages awarded - KShs 22,580/00. All awards are subject to 25% contributory negligence.
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Mosica Properties Ltd v Postal & Telecommunications Employees Housing Co-op Society Ltd [2012] KEHC 2177 (KLR)
✦ The application for committal to civil jail is dismissed as the Plaintiff's managing director was not personally served with the court order. The Plaintiff's managing director is fined KShs 50,000 and ordered to serve 3 months imprisonment for contempt. The Plaintiff's prayer to withdraw the advertisement is dismissed.
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JOHN GICHERU KARIUKI V REPUBLIC [2012] KEHC 81 (KLR)
✦ The conviction is quashed, the sentence set aside, and the appellant set at liberty unless otherwise lawfully held.
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PETER PAUL MUTHOKA v FRANCIS KIBIBA LELO [2012] KEHC 2080 (KLR)
✦ The Defendant's defence is struck out and judgment entered for the Plaintiff as prayed in the plaint.