Kenyan case law
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JINAT INVESTMENTS LIMITED v MUNICIPAL COUNCIL OF KISII [2009] KEHC 2518 (KLR)
✦ The order of injunction is granted, allowing the plaintiff to continue construction but not a bar to the defendant's supervisory role.
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ELECTRO RESEARCH LIMITED. v MERI MIZRAHI & 5 others [2009] KEHC 3222 (KLR)
✦ The plaintiff's application to further amend its amended plaint is allowed.
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PATRICK OTOZO MASIZA V REPUBLIC [2009] KEHC 2196 (KLR)
✦ Petitioner's rights to be arraigned in court within 14 days after arrest were violated, but not set free.
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REPUBLIC v ANNAH WAITHERA & 6 OTHERS [2009] KEHC 2994 (KLR)
✦ The court orders the 6th accused to be compensated for the delay in bringing him to court pursuant to section 72(6) of the Constitution.
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CORNEL MUSANDO OTIENO v REPUBLIC [2009] KEHC 1726 (KLR)
✦ The appeal is dismissed. The trial court's decision to allow the production of MFI 34 on August 28, 2008, is upheld.
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REPUBLIC v WAFULA KAMUKOTA [2009] KEHC 1860 (KLR)
✦ The accused was legally insane at the time of the offence and is found guilty of the four counts of murder.
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REPUBLIC V COLLINS CHEPKWONY & ANOTHER [2009] KEHC 176 (KLR)
✦ The accused are found guilty of murder.
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TAIFA OUTDOOR LIMITED v MUNICIPAL COUNCIL OF MOMBASA [2009] KEHC 3270 (KLR)
✦ Interlocutory injunction granted
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CHRISTOPHER MICHAEL STRONG v MWANGI MWANIKI GITONGA [2009] KEHC 3129 (KLR)
✦ The instruction fees are taxed off, and the getting up fees are awarded at one-third of the instructions fees, which is Shs. 18,333/30.
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MOMBASA CLUB LIMITED & another v SAMUEL MUINDE KIMULI [2009] KEHC 2057 (KLR)
✦ The application for stay of execution is dismissed with costs.
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CITY HOPPER LIMITED T/A CITI HOPPA v SAMUEL KAMAU NJOROGE T/A CITI SHUTTLE [2009] KEHC 3057 (KLR)
✦ The plaintiff's application is allowed. The order of dismissal is set aside, and the application is reinstated to hearing.
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DOMINIC ALI RAJAB & another v REPUBLIC [2009] KEHC 1666 (KLR)
✦ The convictions and sentences are quashed, and the appellants are set at liberty.
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KIAMBU BRANCH OF KENYA UNION OF POST- PRIMARY TEACHERS & another v KENYA UNION OF POST- PRIMARY TEACHER & another [2009] KEHC 3366 (KLR)
✦ The court granted leave to the applicants to come on record as advocates for the KUPPT branches.
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JULIUS MUCHIRA NGUU v ELIZABETH MUTHONI & 3 others [2009] KEHC 3368 (KLR)
✦ The motion is dismissed with costs to the Respondent/Plaintiff
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KINYUA MURI v ROSE WANGUI NGIGIE [2009] KEHC 3210 (KLR)
✦ The proceedings are set aside due to improper service of the motion and the motion is marked as stood over generally.
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RUTH JEMUTAI KOSGEI v SPENCER KIPRUTO KIMELI & another [2009] KEHC 1894 (KLR)
✦ The court finds the defendant liable for the deceased's death and awards damages to the plaintiff's estate.
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JAMES MATUNGU SANDUKU V REPUBLIC [2009] KEHC 2959 (KLR)
✦ The appeal is allowed, and the appellant is set at liberty.
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MASEFIELD TRADING (K) LTD v RUSHMORE COMPANY LIMITED & another [2009] KEHC 3279 (KLR)
✦ The court dismissed the application for review and set aside the order to examine the director of the 1st defendant. The court held that the plaintiff had discharged the burden placed upon it and the order issued by the court was valid.
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ALI RAMA v REPUBLIC [2009] KEHC 1430 (KLR)
✦ The application is dismissed in its entirety
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EPHANTUS NDUHIU NDEGWA v CO-OPERATIVE BANK OF KENYA LTD. [2009] KEHC 3241 (KLR)
✦ The court granted the interlocutory injunction.
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KENYA OIL COMPANY LTD V KENYA PORTS AUTHORITY [2009] KEHC 2482 (KLR)
✦ The court held that the defendant's counterclaim is a valid defense and cannot be dismissed. The issues raised in the counterclaim must be determined in a full trial.
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DUNCAN OUMA MAJIWA V UNITED INSURANCE COMPANY LIMITED UNDER STATUTORY MANAGEMENT [2009] KEHC 2564 (KLR)
✦ The application is dismissed with costs.
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REPUBLIC v DISTRICT COMMISSIONER, TRANSMARA DISTRICT & another Ex-parte LETWAT OLE KRTOM [2009] KEHC 2545 (KLR)
✦ The application is without merit and dismissed with costs to the interested party
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ALICE NTHENYA MUTUNGWA & another v SUSAN KAVATA MUTUNGA [2009] KEHC 4258 (KLR)
✦ The application is dismissed with costs to the respondent.
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DANIEL LUTTA V REPUBLIC [2009] KEHC 2195 (KLR)
✦ The Petitioner's rights to be arraigned in court within 14 days after arrest as enshrined in Section 72 (3) of the Constitution were infringed. However, that infringement would not lead to the setting free of the Petitioner. The Petitioner will be accorded a fair trial as provided by section 77 of the Constitution which trial should not be held to be unfair due to the detention of the Petitioner for more than 14 days.