Kenyan case law
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Samson Lemweria Ole Ntaiya v Peter Kinyanjui Ntaiya [2016] KEHC 1701 (KLR)
✦ The grant should not be revoked/annulled, but preservatory orders should issue to prevent dealing with the property pending the outcome of the ELC case.
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Benson Theuri v Richard Koisok Cherutich [2016] KEHC 2614 (KLR)
✦ The 2nd Interested Party's Preliminary Objection is upheld, and the 1st Interested Party is not enjoined as an Interested Party in the suit.
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Peter Simiyu t/a Beyond Auctioneers v Lameck Oluoch (Miscellaneous Civil Application 185 of 2015) [2016] KEHC 2608 (KLR) (17 October 2016) (Ruling)
✦ The ex parte orders are set aside, the status quo ante is restored, and the lower court proceedings are terminated.
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Robert Fred Muga & another v Republic [2016] KEHC 8349 (KLR)
✦ The court orders the release of the motor vehicle Reg. No. KBV 219Y to Moto Gari Ltd. The company is directed to produce the physical vehicle to the trial court when required.
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Republic v Kenya Revenue Authority Ex-Parte Corrugated Sheets Ltd [2016] KEHC 2672 (KLR)
✦ The ex parte application is dismissed with costs to the Respondents.
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Milicent Akinyi Owour v Halima Idd [2016] KEHC 2374 (KLR)
✦ The appeal is allowed, and the judgment dismissing the plaintiff's claim is set aside. The plaintiff is awarded Kshs.27,000 with interests and costs.
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B M A (Suing through the father B U A as the Next of Friend) v James Mwadime & 2 others [2016] KEHC 2679 (KLR)
✦ The Petitioner's son's right to education was not infringed, and the Petition is dismissed.
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Isaac Tumunu Njunge v Director of Public Prosecutions & 2 others [2016] KEHC 2673 (KLR)
✦ The Court finds that the investigation into the applicant's account does not constitute an abuse of process and denies the application for prohibition.
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Loise Njeri Ngugi v Charles Kimani Mungai & another [2016] KEHC 2256 (KLR)
✦ The appeal is dismissed as the Tribunal's decision was within its jurisdiction and in accordance with the law.
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Mwadhahabu Rajabu Tayari v Kenya Power & Lighting Company Ltd [2016] KEHC 2600 (KLR)
✦ Order for security for costs is granted
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Thomas Maingi Mulu v Republic [2016] KEHC 2659 (KLR)
✦ The appeal is dismissed and the conviction and sentence are affirmed.
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Republic v National Enviornmental Management Authority (NEMA) & 11 others [2016] KEHC 2711 (KLR)
✦ The court found that the Respondent did not act ultra vires and that the court had jurisdiction to hear the application.
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Republic v Mohamed Ekadeli Kebo [2016] KEHC 2295 (KLR)
✦ The accused is directed to give his defence to the charge of murder.
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Republic v Principal Secretary, Ministry of Lands, Housing and Urban Development & 2 others Ex-Parte Kenyatta Peter & 3 others [2016] KEHC 2582 (KLR)
✦ The Court quashed the Respondent's directives and prohibited the Permanent Secretary and his officers from implementing the order of demolishing, evicting, damaging or interfering with the applicants' properties.
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Republic v Mohamed Ekadeli Kebo [2016] KEHC 2451 (KLR)
✦ The accused is directed to give his defence to the charge of murder.
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Joshua Ngeno v Neddy Chepngeno (Suing as the administratrix and/or personal representative of the Estate of Roy Kipkirui (Deceased) & another [2016] KEHC 2586 (KLR)
✦ The court grants leave to appeal out of time and grants a stay of execution pending the hearing
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Peter Njuguna Gitau v Agnes Muthoni Nyaga & 3 others [2016] KEHC 2189 (KLR)
✦ The application is dismissed with costs
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Lucy Wanjiru & another v Attorney General & another [2016] KEHC 2618 (KLR)
✦ The petitioners' constitutional rights and fundamental freedoms have been violated.
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Africa Telecom Solutions Limited v Kiwaka General Merchants Limited & Muganda Wasulwa T/A Keysian Auctioneers (Civil Suit 694 of 2012) [2016] KEHC 8676 (KLR) (Commercial and Tax) (14 October 2016) (Ruling)
✦ The interlocutory judgment is set aside
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Republic v Gichugu Land Disputes Tribunal & 2 others Ex-Parte Samuel Gakono Ngari [2016] KEHC 2087 (KLR)
✦ The court grants the extension of time for filing the Notice of Motion and allows the costs order.
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In re F W K [2016] KEHC 2336 (KLR)
✦ The court appoints the 3 applicants as guardians of the subject with authority to collect rental income from her immovable properties, the same to be applied for her maintenance and upkeep.
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In re Estate of Munyoro Macharia (Deceased) (Succession Cause 179 of 2008) [2016] KEHC 2583 (KLR) (14 October 2016) (Ruling)
✦ The grant of letters of administration to the respondent remains in force as the applicant is not satisfied that the respondent acted in a manner that was intended to deny the other beneficiaries of the estate their inheritance.
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Mukami Mwangi v Renison Irungu Karanja [2016] KEHC 2405 (KLR)
✦ The grant of letters of administration issued on 03/08/2012 and the certificate of confirmation dated 11/07/2012 are annulled. All properties revert to the Deceased's name. Any interested party may apply for a fresh grant in fresh proceedings.
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Peter Kariuki Muchiri v Winglink Investment Limited & 7 others [2016] KEHC 8633 (KLR)
✦ The court orders the company to not alienate, encumber, or dispose of its two parcels of land until the case is heard and determined.
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Peter Mbabu Mutembei v Republic [2016] KEHC 2045 (KLR)
✦ The court reduces the bond to Ksh 300,000 plus one surety