Kenyan case law
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Daniel Njoroge Wanyoike v Republic [2016] KEHC 2306 (KLR)
✦ The Appellant's conviction for attempted defilement of a child is upheld, and the sentence of 10 years imprisonment is affirmed.
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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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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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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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Kenya Commercial Bank Ltd v Bryceson N. Kuboka T/A Airport Africana Restaurant (Civil Appeal 101 of 2015) [2016] KEHC 2559 (KLR) (14 October 2016) (Judgment)
✦ The appeal is dismissed with costs.
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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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Amcon Builders Ltd v Vintage Investment Ltd & another [2016] KEHC 2580 (KLR)
✦ The court file should be reconstructed, and the suit should not be dismissed for want of prosecution.
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James Allan Chege v Zipporah Wambui Mumo [2016] KEHC 2477 (KLR)
✦ The order of the lower court confirming the grant of letters of administration intestate is set aside, and the certificate of confirmation of grant is cancelled. The properties comprising the estate shall revert to the name of the Deceased.
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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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Mwadhahabu Rajabu Tayari v Kenya Power & Lighting Company Ltd [2016] KEHC 2600 (KLR)
✦ Order for security for costs is granted
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Noah Lokol Ibrahim v Republic [2016] KEHC 2062 (KLR)
✦ The conviction is upheld and sentence confirmed.
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John Waweru Mwangi (Suing as administrator of the estate of Mark Mwaura Mwangi) v Linus Moses Kosambo & 2 others [2016] KEHC 2692 (KLR)
✦ The application has merit and is allowed. The third party is ordered to deposit the sum of Kshs 11,119,500 to Court within 45 days of this date.
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In re Estate of Scholastica Wanjiru Wanyee (Deceased) [2016] KEHC 2352 (KLR)
✦ The law firms of Messrs. J M Njenga & Co. and Masore Nyang’au & Co. shall file the bank statement or statements referred to in order (iv) of the consent that was recorded before Kimaru J. on 24th June 2014.
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Erick Odhiambo Wayoga v Republic [2016] KEHC 1887 (KLR)
✦ The appeal is without merit, conviction upheld, and sentence confirmed.
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John Owino Obunde (Suing for and on behalf of 82 others) v Technical University of Mombasa & another [2016] KEHC 2742 (KLR)
✦ A stay of the November 23, 2015 order is granted, and JKUAT/TUM is ordered to graduate the Petitioners with Engineering Degrees upon satisfactory completion.
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Didmus Wekesa Barassa v Inspector General of Police & 2 others [2016] KEHC 8288 (KLR)
✦ The application is dismissed with no costs as the Applicant has not demonstrated a breach of his Constitutional rights or freedoms by the police.
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In re Estate of M O K (Deceased) (Succession Cause 33 of 1995) [2016] KEHC 2565 (KLR) (13 October 2016) (Judgment)
✦ The court dismissed the application for revocation of the grant and the protest, finding that the deceased was the first registered owner of the land and that the plaintiff is not a beneficiary to the deceased's estate.
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Samuel Ing’ati v Republic [2016] KEHC 2216 (KLR)
✦ The appeal is dismissed. The Appellant shall serve the entire term of his imprisonment.
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Gilbert Agiwana Khadeji v Pheobe Luvembe Witaba (Succession Cause 12 of 2014) [2016] KEHC 2724 (KLR) (13 October 2016) (Judgment)
✦ The Hamisi Court had jurisdiction to hear the succession cause. The grant and confirmation were defective and obtained fraudulently.
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In re Estate of Elisha Otieno Odera Ex parte Daniel Ochieng Odera [2016] KEHC 2612 (KLR)
✦ The Originating Summons is dismissed as the ex parte applicant has not come within the terms of the Limitation of Actions Act.
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Mbarachu Njane v Boniface Mwangi [2016] KEHC 2178 (KLR)
✦ The trial court's decision on quantum was fair and reasonable, and the amount awarded was reasonable and assessed with moderation.
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Alexander Okinda Anangwe v Reuben Muriuki Kahuha & 4 others [2016] KEHC 8303 (KLR)
✦ The Defendants have not convinced the Court that any grounds for setting aside the consent judgment exist. The notice of appeal was filed out of time, and there is no evidence of a substantive appeal. The Notice of Motion dated 6th June 2016 is dismissed with costs to the Plaintiff.
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Babalanda Wilson v H. Young & Co. East Africa Limited [2016] KEHC 2515 (KLR)
✦ The court finds that the Foreign Judgments (Reciprocal Enforcement) Act, Cap 43 has not been fully complied with and directs the applicant to serve the summons upon the respondent for an inter partes hearing.
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Paul Oramisi Olu v Republic [2016] KEHC 2430 (KLR)
✦ The appeal has no merit and the sentence imposed by the trial court is upheld.
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N.K. Brothers Construction Co. Ltd v David Mulei [2016] KEHC 2067 (KLR)
✦ The application is granted.