Kenyan case law
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LOISE NDUMBA M’MURUNGI V JOSEPH MURUGU KIRAITHA [2010] KEHC 2681 (KLR)
✦ The defendant is ordered to transfer 2 acres of parcel number Ntumburi/382 to the plaintiff. If the defendant does not transfer the land, the deputy registrar of the court is granted leave to execute the necessary documents to transfer the land to the plaintiff. The plaintiff is awarded costs of the suit.
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KENSILVER EXPRESS LTD V JOHN MWITI KABIRA [2010] KEHC 2430 (KLR)
✦ Appellant's applications for stay and to lift attachment of motor vehicle are dismissed with costs.
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MUTULI & APOPO ADVOCATES v HON. CYRUS JIRONGO [2010] KEHC 2602 (KLR)
✦ The ruling by the taxing master is set aside, and the bill of costs is remitted for taxation before another Deputy Registrar, with instructions to consider all relevant elements.
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BAKARI MOHAMED MWATETE V MARTHA WANGUI MURITHI & 2 OTHERS [2010] KEHC 1674 (KLR)
✦ The preliminary objection is overruled with no order as to costs.
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Kenya Industrial Estates v Anne Chepsiror [2010] KEHC 2177 (KLR)
✦ The Court dismissed the Plaintiff's claim due to the expiration of the lease in 1999 and the Plaintiff's failure to renew it. The Court also dismissed the preliminary objection as it was not supported by evidence.
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COMAS KIPKOECH SIGEI v MADRUGADA LTD & Another [2010] KEHC 1593 (KLR)
✦ The court awards the plaintiff Kshs.2,262,000 in total damages, including Kshs.2,000,000 for pain and suffering, Kshs.780,000 for loss of earning capacity, and Kshs.700,000 for the cost of a prosthesis.
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ELIAKIM WASHINGTON OLWENI V WILSON KIBOR MUTAI ARAP SANG [2010] KEHC 2284 (KLR)
✦ The court granted an injunction against the defendants until the determination of the main suit
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REPUBLIC v MOSES GACHOVI NJIRU [2010] KEHC 2382 (KLR)
✦ The conviction and sentence are quashed due to the illegality of the conversion of charges and the sentence.
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CORPORATE INSURANCE CO. LTD. V IBRAHIM GICHUHI MUGO [2010] KEHC 1785 (KLR)
✦ Prayers (1) and (2) of the application are granted, and the prosecution of compensation claims is stayed pending the hearing and determination of the suit.
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INTERIM INDEPENDENT ELECTROL COMMISSION OF KENYA & 2 others v [2010] KEHC 2270 (KLR)
✦ The court grants a stay of proceedings for the election inquiry under the Local Government Act in the Subordinate Court case No. 2/2008 until the finalization of the appeal filed.
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In Re Estate of Miriam Nakaiza Abdalla (Deceased) [2010] KEHC 1707 (KLR)
✦ The appeal is dismissed, and the letters of administration are revoked and annulled.
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OSMAN SALEH ABDALLA V BARCLAYS BANK OF KENYA & ANOTHER [2010] KEHC 2237 (KLR)
✦ The court finds no merit in the application and dismisses it with costs.
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R. K. LEMPAA V JOHN KANYORO NJUGUNA [2010] KEHC 2241 (KLR)
✦ The application is allowed with costs. The applicant has leave to file and serve the appeal within fourteen (14) days from the date of this order.
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LAWRENCE BARASA SIFUNA V REPUBLIC [2010] KEHC 2418 (KLR)
✦ The appeal is dismissed as there is no appeal to be heard. The case is remanded for retrial before another magistrate.
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KIRINYAGA WATER AND SANITATION COMPANY LIMITED & 3 OTHERS V TANA WATER SERVICES BOARD [2010] KEHC 2443 (KLR)
✦ The court grants the applicants leave to institute judicial review proceedings in the nature of certiorari, prohibition, and mandamus. The order of leave is directed to operate as a stay.
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AGNES NAIGU ENE NANGEYA & another v CAROLINE KINAMPU [2010] KEHC 2077 (KLR)
✦ The court allows the appeal, sets aside the order dismissing the application, and substitutes an order allowing the application for a temporary injunction.
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KENYA TEA DEVELOPMENT AGENCY v SOFIA NYABOKE KENANDA [2010] KEHC 1936 (KLR)
✦ The appeal is dismissed with costs to the respondents.
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JOSEPH KIMANI & 2 others v ATTORNEY GENERAL & 2 others [2010] KEHC 2891 (KLR)
✦ The court dismissed the petition and ordered the issuance of certified copies of the proceedings and ruling to all parties on priority basis.
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KENYA ANTI-CORRUPTION COMMISSION v MOSES C. RUTO [2010] KEHC 1579 (KLR)
✦ The respondent failed to comply with the court order.
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KASSIN NYANGAU v REPUBLIC [2010] KEHC 1939 (KLR)
✦ The appeal is dismissed in its entirety. The appellant was properly charged and convicted, and the sentence imposed is not manifestly harsh or excessive.
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MONANZA SASI GARIKA v REPUBLIC [2010] KEHC 1937 (KLR)
✦ The court finds merit in the appeal and quashes the conviction and sentence, setting aside the proceedings as a nullity.
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JUVENALIS ORINA v REPUBLIC [2010] KEHC 949 (KLR)
✦ The court finds merit in the appeal, quashes the conviction, and sets aside the sentence
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REPUBLIC v THOMAS MORONGE SAGERO & another [2010] KEHC 349 (KLR)
✦ The delay in arraigning the accused was not inordinate and was explained away by the prosecution. The references are dismissed.
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ELISHA KARE BUSIENEI v PAUL RACHUHI THUITA & another [2010] KEHC 2153 (KLR)
✦ The suit is reinstated for hearing due to the altered notice and lack of due process
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PATRICK M. MAILU & FOUR OTHERS v COUNTY COUNCIL OF KITUI [2010] KEHC 2716 (KLR)
✦ Application for leave to amend pleadings is allowed with no order as to costs.