Kenyan case law
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JOSEPHINE NTHUKA V REPUBLIC [2012] KEHC 1568 (KLR)
✦ The appeal is allowed, conviction quashed, and the sentence imposed set aside. The appellant should be set at liberty.
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MUTUA KIVAYA NTHENGE v REPUBLIC [2012] KEHC 2185 (KLR)
✦ The conviction and sentence are upheld
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AFRICAN SAFARI CLUB LTD V KIMANA TIKONDO GROUP RANCH & 5 OTHERS [2012] KEHC 2136 (KLR)
✦ The application is dismissed with costs to the Defendants. The interim injunction is lifted.
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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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JOHN MBURU V REPUBLIC [2012] KEHC 1755 (KLR)
✦ The appeal is dismissed in its entirety.
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PLATINUM TRADERS LTD V EAST AFRICAN PORTLAND CEMENT & CO. LTD & ANOTHER [2012] KEHC 2189 (KLR)
✦ The application is allowed as prayed. However, the parties are reminded of the provisions of Order 40 Rule 6 of the Civil Procedure Rules.
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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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REPUBLIC V LAND DISPUTES TRIBUNAL, NGONG DIVISION & 2 OTHERS [2012] KEHC 2172 (KLR)
✦ The decision of the Tribunal was made without jurisdiction and was illegal ab initio, thus the application for judicial review is allowed.
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Kenya Tanzania Uganda Leasing Limited v Mukenya Ndunda & another [2012] KEHC 2188 (KLR)
✦ The Plaintiff's case is upheld, and the 2nd Defendant is ordered to pay Kshs.3 million in damages and to release the motor vehicle titles within 30 days or pay Kshs.300,000.
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REPUBLIC V PETER MUTHUI MUSAU & ANOTHER [2012] KEHC 1991 (KLR)
✦ The application for bail is allowed on the following terms: each applicant is released on a personal bond of Ksh. 500,000/= plus one surety in the same amount to be approved by the Deputy Registrar of this court. Each applicant shall be reporting to the officer incharge (OCS) of the Police Station that originated the information every Tuesday of every week until the case is heard and determined. Each applicant shall attend the mention of this case every after 30 days until the case is heard and determined.
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REPUBLIC V DISTRICT LAND ADJUDICATION & SETTLEMENT OFFICER MAKUENI EX PARTE MUTUNGI NZIOKA & ANOTHER [2012] KEHC 2098 (KLR)
✦ The notice of motion dated 18th August 2002 is dismissed with costs to the Interested Parties.
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BARCLAYS BANK OF KENYA LTD V ELIZABETH AGIDZA & 2 OTHERS [2012] KEHC 5874 (KLR)
✦ The Plaintiff's suit is barred by Sections 6 and 7 of the Civil Procedure Act and is an abuse of the court process.
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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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JAMES NG’ANG’A MUGO v REPUBLIC [2012] KEHC 1946 (KLR)
✦ The bail terms are revised to a bond of Kshs. 1,000,000/- with two sureties of like amount.
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PETER KALOLA KITAVI V REPUBLIC [2012] KEHC 1798 (KLR)
✦ Conviction and sentence quashed, appellant acquitted
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KILIMANI JUNIOR ACADEMY LIMITED V S.M. NZIOKI T/A NZIOKI TAX CONSULTANTS [2012] KEHC 5865 (KLR)
✦ The court declines to grant the motion and dismisses it with costs.
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MUTUKU MWATHA V REPUBLIC [2012] KEHC 1920 (KLR)
✦ The appellant's conviction and sentence are set aside, and the case is referred back to the Resident Magistrate Court for a retrial.
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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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MALOMBE NZILA V MUINDI MUSILI [2012] KEHC 2111 (KLR)
✦ The appeal will be fixed for hearing in Machakos.
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REPUBLIC V MUSILI TULO [2012] KEHC 1831 (KLR)
✦ The accused is convicted of murder.
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JOSEPH KAMUYA MAITHA v ELIZABETH KAMENE NDOLO (sued as Executrix of the Last Will of Joseph Musyimi Lele Ndolo, Deceased) & 3 others [2012] KEHC 2131 (KLR)
✦ The court will allow the application for a stay of proceedings pending the appeal before the Court of Appeal.
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DAVID MUNYUA NGOTHO V WILSON OCHIENG’ ONGWACH (Civil Appeal 23 of 2002) [2012] KEHC 1626 (KLR) (27 September 2012)
✦ The appeal is dismissed with costs to the Respondent.
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CRESCENT CONSTRUCTION CO. LTD V KENYA PORTS AUTHORITY & ANOTHER [2012] KEHC 5905 (KLR)
✦ The application is granted, and the Plaintiff is allowed to liquidate the balance of the decretal sum after the set-off in quarterly monthly installments.
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MAURICE OKOTH OKORE & ANOTHER V REPUBLIC [2012] KEHC 5894 (KLR)
✦ The court finds that the appellants' pleas were unequivocal and that the trial court did lawfully convict on such plea. The appellants lost the right to appeal against conviction. The court orders that they be set at liberty forthwith unless otherwise lawfully held.
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CHARLES ODHIAMBO KISERA V MAKINI SCHOOL [2012] KEHC 5840 (KLR)
✦ The court sets aside the intended ruling and orders the application to be heard interpartes.