Kenyan case law
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Paulo Kimaiyo A. Tenai & 2others v Joseph Kibunei Tenai [2013] KEHC 1912 (KLR)
✦ The court holds that the Objector's case is without basis and actuated by greed and lack of good faith. The Letters of Administration shall issue to the Petitioners exclusively.
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David Kiarie Mwangi & 2 others v Republic [2013] KEHC 6673 (KLR)
✦ Convictions of the 1st and 2nd appellants are upheld. Conviction and sentence of the 3rd appellant are quashed and set aside.
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Republic v Galma Abagaro Shano [2013] KEHC 1984 (KLR)
✦ The application for bail is dismissed. The accused is at liberty to renew his application once the key witnesses have testified.
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Joseph Njoroge Kangarua v Harrison Wagacha Munyui [2013] KEHC 2078 (KLR)
✦ The application for joinder of the applicant as a plaintiff and for the transfer of the Kiambu Law Courts suit to the High Court is dismissed with costs.
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Republic v Victor Mbote Kanyatta [2013] KEHC 2029 (KLR)
✦ The court finds that the prosecution has established a prima facie case to warrant putting the accused on his defence. The court finds that the accused Victor Mbote Kanyatta has a case to answer.
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Kenya Union of Printing, Publishing, Paper Manufacturers & Allied Workers v Highlands Paper Mills Ltd [2013] KEHC 6686 (KLR)
✦ The court cannot force content into a CBA as it must be a voluntary document, but it can insist on negotiation between the parties.
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Joseph Ndolo Maweu v Republic [2013] KEHC 2000 (KLR)
✦ The conviction and sentence are quashed and set aside
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Republic v Richard Kibor Cheboi [2013] KEHC 1830 (KLR)
✦ The court holds that the prosecution's case was insufficient to prove the accused's guilt, and tilts in favor of the accused.
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Republic v Peter Kuria Kiarie [2013] KEHC 2008 (KLR)
✦ Application for bail dismissed. The accused is ordered to be at liberty to renew his application once the key witnesses have testified and the situation on the ground has improved.
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Republic v Siakago Division (Mbeere North District) Land Disputes Tribunal & another [2013] KEHC 2019 (KLR)
✦ The proceedings at the Land Dispute Tribunal were unprocedural, null and void. The Tribunal's orders for subdivision and issuance of new title deeds were ultra vires.
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Republic v John Maina Njiiri & another [2013] KEHC 2014 (KLR)
✦ The court allows the applications but imposes strict conditions to ensure the accused attend trial.
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M.W v Republic [2013] KEHC 1915 (KLR)
✦ The appeal is dismissed in its entirety. The appellant shall continue to serve the same sentences unless he is otherwise lawfully set free.
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Republic v Commissioner of Lands & 27 others Ex-Parte Jane Wairimu Mwangi & 9 others [2013] KEHC 2096 (KLR)
✦ The Notice of Motion dated 20th May 2012 is dismissed with no order as to costs
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Doris Wamuyu Mungara v Republic [2013] KEHC 6678 (KLR)
✦ The appeal is allowed, and the conviction and sentence are set aside.
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Alexander Munene R. Nguu & 2 others v Njue M’Tetu & 3 others [2013] KEHC 2108 (KLR)
✦ The application is dismissed with costs.
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Republic v Ibrahim Adan Ibrahim [2013] KEHC 1290 (KLR)
✦ The court finds there is no case to answer and records a finding of not guilty
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David Murimi Muriuki & another v Mwathi Kaba & another [2013] KEHC 2131 (KLR)
✦ The court finds that the defendant holds the land in trust for himself, the plaintiffs, and his other children, and declares that the plaintiffs are entitled to one acre of the land.
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Charles Ngatia Nguyo v Ekira Gathoni Kariithi & Another [2013] KEHC 2053 (KLR)
✦ The plaintiff is not entitled to 2.62 acres of the disputed land.
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Ruth Thuguri Mathenge v Margaret Waruguru W/O Githegi [2013] KEHC 6663 (KLR)
✦ The court finds that the plaintiff is entitled to half share of the property through the principle of Kikuyu Customary Trust and adverse possession.
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Republic v Joseph Marangu M’muriithi Alias Kihara Alias James Mwangi Ndirangu alias & another [2013] KEHC 2007 (KLR)
✦ The court denies bail to the accused due to compelling reasons to ensure the interests of justice are served.
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Republic v Joseph Mburu Njoroge [2013] KEHC 2026 (KLR)
✦ The application for bail is dismissed due to the real likelihood of interference with the key prosecution witness.
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Isaac Ngugi v Nairobi Hospital & 3 others [2013] KEHC 6023 (KLR)
✦ The court finds that the detention of the deceased for non-payment of hospital bills violates Articles 28 and 29(a) of the Constitution.
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Nyambene Miraa Traders Association (Nyamita) Suing Through its Chairman Leandro Ngalu Baariu & 2 others v National Agency for the Campaign Against Drug Abuse (Nacada) 7 2 others [2013] KEHC 2113 (KLR)
✦ The court grants the application to join the Wajir South Professional Forum as an interested party.
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Njeru Mairani & 2 others v Attorney General & 4 others [2013] KEHC 2059 (KLR)
✦ The court found that the declaration was made without proper representation of the Mbeere Community members, violating the rules of natural justice.
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Doune Farms Ltd v Richard Soi & 6 others [2013] KEHC 1364 (KLR)
✦ The court declines to grant the orders sought and declines to grant a temporary injunction