Kenyan case law
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Republic v Dekra Ali Legeye & another [2013] KEHC 1367 (KLR)
✦ The court finds the prosecution failed to prove the accused caused the death of the deceased and thus acquits the accused of murder.
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Mombasa Maize Millers v Charles Otieno Owino [2013] KEHC 2110 (KLR)
✦ The appeal is allowed with costs. The judgment and decree of the lower court are set aside and in their place there shall be judgment dismissing the respondent's suit against the appellant with costs.
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P.K v D.A.A [2013] KEHC 2118 (KLR)
✦ The default judgment, exparte proceedings, and final judgment are set aside. The proposed answer is deemed properly filed, and the parties shall obtain a certificate, take directions, and list the petition for hearing.
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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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Preps International Limited v Barclays Bank Kenya Limited & 2 others [2013] KEHC 2075 (KLR)
✦ The court dismissed the 1st and 2nd Defendants' application and upheld the Plaintiff's contempt motion.
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Mwaniki Ireri & Co Advocates v Giant Auctioneers & another [2013] KEHC 2010 (KLR)
✦ The exparte orders issued on 3/7/2013 are hereby vacated. The respondent's application is allowed.
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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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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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Richmond Mwangi & 259 others v Lee Mwathi Kimani [2013] KEHC 2070 (KLR)
✦ The suit is dismissed for want of prosecution.
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Jared Odoyo Okello v Independent Electoral & Boundaries Commission (IEBC) & 3 others [2013] KEHC 2105 (KLR)
✦ The parliamentary election for Nyando constituency was substantially conducted in accordance with the Constitution and the electoral laws and regulations. The results as declared by the Commission are confirmed. The 3rd respondent was validly elected.
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Joyce M'kuura & 2 others v Justus Kabaya [2013] KEHC 910 (KLR)
✦ The court sets aside the ruling of the learned Senior Resident Magistrate and reinstates the suit for hearing.
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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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Mugo Mukere v District Land Registrar Embu & another [2013] KEHC 6679 (KLR)
✦ The prohibitions/restrictions on land No. MBETI/GACHOKA/1555 are removed
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Musikari Nazi Kombo v Moses Masika Wetangula & 2 others [2013] KEHC 2156 (KLR)
✦ The 1st Respondent was not validly elected, and his election as the Senator for the County of Bungoma is hereby declared null and void.
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Republic v George Wafula [2013] KEHC 2021 (KLR)
✦ The application for bail is dismissed as the release of the applicant would not serve the interests of justice.
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John Murumba Chikati v Returning Officer Tongaren Constituency & 2 others [2013] KEHC 2153 (KLR)
✦ The Petitioner's petition is dismissed, and the 3rd Respondent is declared the winner of the election.
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Nemwel Momanyi v Joseph Satia & 2 others [2013] KEHC 1936 (KLR)
✦ Petitioner's complaint is dismissed in its entirety
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Kiplangat Maina v Jonathan Maina & another [2013] KEHC 2052 (KLR)
✦ The motion is dismissed with costs to the Respondents.
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Republic v Registrar of Companies Interested Party Embakasi Ranching Co. Ltd Exparte James Banga Yancan & 6 others [2013] KEHC 2175 (KLR)
✦ The court declines to quash the AGM as it is clear that the Company had not held an AGM for two years preceding the order. The re-opening of the AGM would propagate further disputes to the detriment of the Company and its shareholders.
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R C C v E C C & another [2013] KEHC 1979 (KLR)
✦ The summons is allowed as prayed, save costs are awarded to the Respondents.
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Agnes W Kinuthia & 607 Others v University Of Nairobi [2013] KEHC 6722 (KLR)
✦ The High Court holds that the Industrial Court does not have exclusive jurisdiction over employer/employee disputes and that the suit should be transferred to the Industrial Court for disposal.
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Douglas Tumbosewo v Republic [2013] KEHC 1965 (KLR)
✦ The conviction is upheld, the sentence is legal and lawful, and the appeal is dismissed.
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Robert Omari Nyangoto v Peter Machuka Mabeya [2013] KEHC 2103 (KLR)
✦ The plaintiff failed to prove that the defendant disobeyed the court order and was not served with it, thus the application is dismissed.
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Pastor James Jessie Gitahi & 202 Others v Attorney General [2013] KEHC 6024 (KLR)
✦ The Minister has the power to make Regulations under section 147 of EMCA and such power includes the power to prescribe offences whose penalty is set out in section 144 of EMCA. The Regulation 28 is not null and void as it sets out general penalty which is in intra vires EMCA. The Regulations are not null and void for failure to comply with the provisions of section 34 of the Interpretation and General Provisions Act. The petitioners have not proved that the Regulations violate the Constitution or their fundamental rights and freedoms.
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Registered Trustees Full Gospel Churches Of Kenya v John Morwani Nyakundi, Fred Moraro Nyambega, Francis Moragu Alias Pastor Kariuki & Registered Trustees Redeemed Gospel Church Of Kenya (Civil Case 178 of 2006) [2013] KEHC 2162 (KLR) (27 September 2013) (Judgment)
✦ The court finds that the plaintiffs purchased the suit property and that the registration of the property in the name of the 4th defendant was fraudulent.