Kenyan case law
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Donald Mwarangi & another v Mejumaa Nuru Mwakio & another [2017] KEHC 2845 (KLR)
✦ The appeal is dismissed, and the trial court's decision on liability is set aside. The Third Party is ordered to bear 90% liability, while the Appellants jointly bear 10% liability.
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Samuel Mburu Njenga v Republic [2017] KEHC 9549 (KLR)
✦ The court denied the application for bail and consolidation of bond terms, finding that the applicant posed a flight risk and the circumstances did not warrant bail.
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Daniel Akweza Susa v Republic [2017] KEHC 26 (KLR)
✦ The appeal is dismissed. The conviction and sentence are upheld.
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Peter Omondi Ohuma v Republic [2017] KEHC 2189 (KLR)
✦ The court finds that the prosecution proved the charge of defilement beyond reasonable doubt and that the appellant fell within the age bracket for the applicable penalty.
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Republic v Emmy Chelangat Kilel [2017] KEHC 209 (KLR)
✦ The accused is directed to give her defence to the charge of murder.
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Apollo Mboya v Attorney General & 15 others [2017] KEHC 2725 (KLR)
✦ The court held that the launch of the Kenya Government Delivery Portal during the election period is unconstitutional and unlawful.
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Bernard Kathanga Karathi v Mary Waruguru Munene & another [2017] KEHC 2810 (KLR)
✦ The preliminary objection is upheld
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Reuben Ongiri Magutu & another v Nepatoo Ole Muncha (Suing as the administrator of the Estate of Tonge Ole Muncha (Deceased) [2017] KEHC 2152 (KLR)
✦ The appellants are found to be 100% negligent and jointly and severally liable for the accident. The total award of damages is Shs.148,161.60.
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M N N v E N K [2017] KEHC 2175 (KLR)
✦ The objection to the admissibility of the audio recording and its transcript is upheld.
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Moses Kibet Chelugui v Nacico Co-operative Savings and Credit Society Ltd & another [2017] KEHC 2200 (KLR)
✦ The appeal is dismissed. Each party should bear its own costs of the appeal.
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Julius Maina Gitigi & another v Republic [2017] KEHC 1896 (KLR)
✦ The appeal of the 2nd appellant is allowed. His conviction and sentence are quashed. He is set free unless held on other lawful warrants.
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Republic v George Muthora Nyutu [2017] KEHC 310 (KLR)
✦ The accused is found to have inflicted the fatal head injury on the deceased.
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Republic v Registrar of Societies Ex parte Michael Ogogo & 8 others [2017] KEHC 2749 (KLR)
✦ The notice of motion dated 20th December 2016 and filed on 21st December 2016 is incompetent and incapable of adjudication on its merits. The notice of motion is hereby struck out.
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Archdiocese of Nairobi Kenya Registered Trustees (St. Joseph Mukasa Catholic Church Kahawa West) v National Land Commission & 2 others [2017] KEHC 9442 (KLR)
✦ The Court granted leave to the applicant to apply for orders of judicial review to quash the NLC's decision and to prohibit the 1st interested party from implementing the decision.
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Ebrahim Odhiambo Okore v Kenya Revenue Authority & 2 others [2017] KEHC 2895 (KLR)
✦ The court held that the respondents had no legal mandate to impound the petitioner’s motor vehicle and that the impounding was not based on reasonable grounds.
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Busia Teachers Training College v Kenya Revenue Authority & another [2017] KEHC 2933 (KLR)
✦ A conservatory order restraining the respondents from levying distress against the petitioner's property, including their bank accounts, and staying the operation of Agency Notices issued to the National Bank of Kenya, Kenya Commercial Bank, and Barclays Bank was granted.
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Republic v Pius Waeme Okumu & 3 others [2017] KEHC 9480 (KLR)
✦ The four accused persons are not guilty of the murder of Melkizedeck Omusumba.
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In re Estate of Late Naftaly Murege Muthigani (Deceased) [2017] KEHC 2392 (KLR)
✦ The summons for revocation of the grant must fail, and the administrator must comply with the terms of the certificate of confirmation of grant issued on 27/7/2016.
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Jerusa Auma Ogola v Beldina Apondi Onyango & 3 others [2017] KEHC 2848 (KLR)
✦ The grant is hereby revoked and all beneficiaries should be included in the subsequent proceedings.
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Ngatia & Associates Advocates v Interactive Gaming & Lotteries Limited [2017] KEHC 2789 (KLR)
✦ The advocate's bill of costs is set aside on items 1 and 2, and VAT on disbursements is set aside. The bill of costs is remitted back to the Taxing Officer for re-taxation.
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Thomas K’bahati & Peter Kaluma t/a Lumumba Mumma & Kaluma Advocates v Kenya Union of Commercial Food and Allied Workers [2017] KEHC 2916 (KLR)
✦ The Kenya Union of Commercial Food and Allied Workers Union is the client of Thomas K'Bahati & Peter Kaluma T/A Lumumba Mumma & Kaluma Advocates in Misc. Application No. 632 of 2008 and is liable to settle the said Advocates' fees.
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Michael Thuo & 2 others v Kaylift Services Limited [2017] KEHC 9526 (KLR)
✦ The defendant is found 100% liable for the accident.
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Republic v David Ojiambo Nyangueso alias Chango [2017] KEHC 2913 (KLR)
✦ The accused was found guilty of murder.
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Nakumatt Holdings Limited v Junction Limited [2017] KEHC 2382 (KLR)
✦ Nakumatt has not proven its case to the satisfaction of the court and the application is dismissed with costs to Junction Limited.
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MWR v P M [2017] KEHC 1456 (KLR)
✦ The court granted the interim injunction, allowing the applicant to continue operating the shop pending the outcome of the matrimonial property dispute.