Kenyan case law
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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.
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NORBERT AMONGE V MOI UNIVERSITY [2012] KEHC 1804 (KLR)
✦ The Court held that the Defendant's expulsion of the Plaintiff was invalid and that the Defendant should release the Plaintiff's examination results.
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ASENATH KARABAI MBURUGU & 6 OTHERS V M’MBURUGU KANAKE (Civil Case 1 of 2012) [2012] KEHC 2170 (KLR) (27 September 2012) (Ruling)
✦ The court granted the applicants' application for interim orders of mandatory injunction and orders of inhibition.
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BOSCO MAKAU MBONDO V REPUBLIC [2012] KEHC 1037 (KLR)
✦ The court granted the application for bond pending appeal.
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MOTALENT CONSTRUCTION CO. LIMITED V MRINZI CHIMAIRA MBETSYA [2012] KEHC 2272 (KLR)
✦ The appeal is allowed, and the judgment on damages is set aside. The Plaintiff is awarded Kshs. 152,000 in general damages and Kshs. 90,000 for future surgery and treatment.
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COUNCILLOR PETER MAINA KANGARA V ATTORNEY GENERAL & 3 OTHERS [2012] KEHC 5839 (KLR)
✦ The respondents are restrained from evicting or removing any person or demolishing any property on the suit property LR No. 209/9633, Nairobi pending the hearing and determination of the petition or until further orders of the court.
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REPUBLIC v CHAIRMAN KEIYO LAND TRIBUNAL & 3 others Exparte JAMES KIPNGETICH KIPSITEI [2012] KEHC 1781 (KLR)
✦ The Tribunal has jurisdiction to deal with matters regarding the verification of the common boundaries of two adjoining plots.
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SAMUEL MAJIWA OMACHI v REPUBLIC [2012] KEHC 5880 (KLR)
✦ The appeal is dismissed. The conviction and sentence are upheld.
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REPUBLIC V CLERK COUNTY COUNCIL OF MERU [2012] KEHC 5430 (KLR)
✦ The application is dismissed with costs as the applicant has already filed a notice of appeal.
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Paul Kiriinya v Delfina Kathiri [2012] KEHC 2139 (KLR)
✦ The court finds Kiriinya's application meritorious and grants an inhibition order.
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JACK J. KHANJIRA & ANOTHER V SAFARICOM LIMITED [2012] KEHC 5508 (KLR)
✦ The Plaintiffs cannot proceed with their case against Safaricom Limited under the power of attorney as it is not clear that the power of attorney was validly executed and registered.
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JOSEPH BAARIU IMIEMBA & ANOTHER V HON. ATTORNEY GENERAL [2012] KEHC 5869 (KLR)
✦ The High Court does not have jurisdiction to re-open the matter as the petitioners have not invoked Article 50(6) and new and compelling evidence has not been presented.
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JAMES KARANJA KAGECHE & 2 others v LAND DISPUTES TRIBUNAL AT KIKUYU & another [2012] KEHC 5916 (KLR)
✦ The application is dismissed with costs to the respondents and the interested party.
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REPUBLIC V TOWN CLERK CITY COUNCIL OF NAIROBI EX-PARTE GATKIMENTERPRISES LIMITED (Judicial Review 41 of 2011) [2012] KEHC 5940 (KLR) (Judicial Review) (27 September 2012) (Judgment)
✦ The court granted the application and issued orders of certiorari, mandamus, and prohibition.
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REPUBLIC v CHAIRMAN KEIYO LAND TRIBUNAL & 3 others Exparte JAMES KIPNGETICH KIPSITEI [2012] KEHC 1717 (KLR)
✦ The Tribunal has jurisdiction to deal with matters regarding the verification of the common boundaries of two adjoining plots.
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PAYLESS CAR HIRE AND TOURS LIMITED V IMPERIAL BANK LTD [2012] KEHC 5863 (KLR)
✦ The court dismisses the Plaintiff's application and allows the Defendant's application, dismissing the Plaintiff's application for contempt and allowing the Defendant's application to set aside the injunction.
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REPUBLIC V KENYA PORTS AUTHORITY & 2 OTHERS EX-PARTE ROSMIK TRADINGCO. LIMITED & 22 OTHERS (Judicial Review 130 of 2011) [2012] KEHC 5932 (KLR) (27 September 2012) (Judgment)
✦ The Court finds the issues of the validity and scope of the Bilateral Agreement and Gazette Notice to be live.
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CHACHA DANIEL CHACHA v REPUBLIC [2012] KEHC 5877 (KLR)
✦ The conviction of the appellant on the basis of the uncorroborated evidence was not safe. Accordingly, the conviction and sentence are quashed and the appellant is set at liberty.
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REPUBLIC V KILIBWANI DIVISIONAL LAND DISPUTES TRIBUNAL & 2 OTHERS EX PARTE CHRISTINE CHEPKETER SANG’ [2012] KEHC 1690 (KLR)
✦ The ex parte applicant's motion is allowed in terms of prayers 1, 2, and 3(a) only, with costs against the Interested Party
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P.V. RAO & ANOTHER V FARMERS CHOICE LIMITED [2012] KEHC 5852 (KLR)
✦ The application for stay of execution of the judgment and decree of the lower court is dismissed
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JULIUS ONDIEKI OSEKO V REPUBLIC [2012] KEHC 5860 (KLR)
✦ The conviction is affirmed, and the sentence is varied to a non-custodial sentence.
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ALFRED OURU OKUKU v REPUBLIC [2012] KEHC 5878 (KLR)
✦ The sentence of 12 years is upheld as neither harsh nor lenient.
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REPUBLIC V CHIEF MAGISTRATE’S COURT KIBERA & ANOTHER EX-PARTE PETER NYOIKE MUIGAI [2012] KEHC 5952 (KLR)
✦ The court granted the ex-parte application for Certiorari and Prohibition.
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PETER KAVEMBA MWONGA V REPUBLIC [2012] KEHC 5867 (KLR)
✦ All charges are quashed, and the proceedings and decisions of the subordinate court are quashed.
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BRIAN OSORO NYAMARERI V REPUBLIC [2012] KEHC 2238 (KLR)
✦ The appeal is dismissed as the appellant cannot appeal against conviction and the sentence is lawful.