Kenyan case law
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WANJAU MWANGI v NGARI MWANGI [2008] KEHC 2315 (KLR)
✦ the appeal is incompetent and invalid due to the lower court's judgment not being dated
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LINDA WATIRI MURIUKI v NEVILLE PATRICK GIBSON WARREN & 3 OTHERS [2008] KEHC 2375 (KLR)
✦ The application is not only misconceived; it also lacks merit and must be refused. It is hereby dismissed with costs to the Plaintiff.
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JULIUS KIMOLO MASEKI & 7 others v REGISTERED TRUSTEES POSTAL CORPORATION OF KENYA STAFF PENSION SCHEME [2008] KEHC 1971 (KLR)
✦ Conservatory orders are granted to prevent the respondents from evicting the petitioners from the specified premises for a period of 90 days.
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BERNARD MACHEA NGICHURU v ATTORNEY GENERAL [2008] KEHC 2369 (KLR)
✦ The court finds that the Plaintiff's motor vehicle was unlawfully and illegally sold by the police. The court awards the Plaintiff special damages of KShs. 40,000/00 for the value of the vehicle.
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BAKARI ALI OGADA & 245 Others v UNILEVER KENYA LIMITED [2008] KEHC 3823 (KLR)
✦ Defendant's application to strike out the Plaintiffs' suit is dismissed with costs.
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REPUBLIC v PUBLIC PROCUREMENT ADMINISTRATIVE REVIEW BOARD [2008] KEHC 1918 (KLR)
✦ The Court dismissed the application, finding no procedural impropriety that could have affected the award to the lowest tenderer.
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QUERARSSIM NIKOLOV NIKOLOV v ATTORNEY GENERAL [2008] KEHC 1910 (KLR)
✦ The Chamber Summons is dismissed as the applicant should have applied for bail straight and clear.
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In Re Robert Kumu Komu [2008] KEHC 2247 (KLR)
✦ The Receiving Order is rescinded
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KIHARA MUTTU AND 20 OTHERS & another v STANDARD LIMITED& 2 others [2008] KEHC 2371 (KLR)
✦ The court reinstates the dismissed applications and sets aside the orders of dismissal, but Plaintiffs must pay Defendants' costs of KShs. 10,000/00.
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KENPOLY MANUFACTURERS LIMITED v CRISPINUS I. IMBELESIA & another [2008] KEHC 2454 (KLR)
✦ The court will allow the application by notice of motion dated 4th June, 2007, and grant a stay of execution of the decree of the lower court pending disposal of the appeal.
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MURIU MUNGAI & CO ADVOCATES v NEW KENYA CO-OPERATIVE CREAMERIES LTD [2008] KEHC 1915 (KLR)
✦ The court dismissed the reference as the taxing officer had not misdirected himself on the law and facts, and the client did not provide reasons for the items to be set aside or varied
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REPUBLIC v WILLIAM CHESIR KIPKORE [2008] KEHC 3923 (KLR)
✦ The court dismisses the charge and orders the accused's release.
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DIAMOND SHIELD INTERNATIONAL LTD v JOYCE WANJIRU MWAURA [2008] KEHC 2293 (KLR)
✦ Interim reliefs granted pending arbitration
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In Re: MUNICIPAL COUNCIL OF ELDORET [2008] KEHC 1843 (KLR)
✦ The court granted leave to the exparte applicant to file the judicial review proceedings and awarded costs to the exparte applicant.
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NJUGUNA KANOGA v KIMANI KANOGA [2008] KEHC 1130 (KLR)
✦ The High Court dismissed the appeal, holding that the Tribunal had jurisdiction to handle the land dispute and that the judgment entered by the principal Magistrate's Court Muranga was valid.
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GERALD MUTONGA KARIUKI & 2 others v SIMON NDUNG’U KIMANI & 2 others [2008] KEHC 1122 (KLR)
✦ The court declines to grant the orders sought by the applicants and dismisses the Notice of Motion with costs.
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REPUBLIC v ROBERT WEKESA WESONGA [2008] KEHC 2366 (KLR)
✦ The court finds that the prosecution has not proved the accused's guilt beyond reasonable doubt and acquits him.
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BENARD KAGIA NJUGUNA v FRANCIS WAMBURURU NJAU [2008] KEHC 1941 (KLR)
✦ The court orders the removal of the caution and eviction of the defendant from the land.
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MATHEW OTIENO ONUKO v KENYA WILDLIFE SERVICES LTD [2008] KEHC 2444 (KLR)
✦ The appeal is allowed, the order of dismissal is set aside, and the case is reinstated for assessment and award of general damages
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PETER NJERU WANJIRU v REPUBLIC [2008] KEHC 2334 (KLR)
✦ The appeal is dismissed. The conviction and sentence are upheld.
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SAUMU HESSEIN v REPUBLIC [2008] KEHC 2331 (KLR)
✦ The appeal is allowed on sentence, the term of imprisonment is set aside and substituted with a one-year term of imprisonment.
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JOHN GITHUI MITHAMO v ROBINSON NJERU GITHAE & 2 OTHERS [2008] KEHC 2544 (KLR)
✦ The petition is incompetent for lack of service and failure to provide a receipt required by Rule 3(1) of the Rules.
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ABDULLAH OMAR IBRAHIM v REPUBLIC [2008] KEHC 2032 (KLR)
✦ The conviction is quashed and the sentence is set aside.
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LOIS SIANOI KONANA v PERMANENT SECRETARY MINISTRY OF LANDS AND HOUSING [2008] KEHC 1968 (KLR)
✦ The court allows the intended interested party to be joined as an interested party in the Judicial Review proceedings.
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MARGARET WANJIKU MUHIA v NGANGA MUTURA & another [2008] KEHC 3841 (KLR)
✦ The court dismisses the eviction suit filed by the defendants and stays the adverse possession suit pending determination by the Lands Disputes Tribunal.