Kenyan case law
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Mercy Kirito Mutegi v Beatrice Nkatha Nyaga & 2 others [2013] KEHC 2129 (KLR)
✦ The court declared that the 1st Respondent was legally validly and lawfully elected as the Woman Member of National Assembly for Tharaka-Nithi County.
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Philip Subili Righo & 8 others v Michael Seth Kaseme & 3 others [2013] KEHC 2072 (KLR)
✦ The Petitioners' Notice of Motion is allowed as prayed.
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Ben Njoroge & another v Independent Electoral Boundaries Commission (I.E.B.C) & 2 others [2013] KEHC 2125 (KLR)
✦ The court found that the 2nd Respondent was not properly nominated and that the process violated the Constitution and relevant laws.
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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.
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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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Dyal Singh Virdee v David Mwangi Kabiru & another [2013] KEHC 1320 (KLR)
✦ The court found the appellant wholly to blame for the accident and entered judgment in favour of the respondent.
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Cecilia Wanjiku Njoroge v National Environmental Management Authority (Nema) & another [2013] KEHC 2084 (KLR)
✦ The suit is dismissed with costs to the Defendants
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Republic v Mosocho Land Disputes Tribunal & 3 others Ex-Parte Jemimah Moraa Nyaboga [2013] KEHC 2134 (KLR)
✦ The court found that the 1st respondent's decision was a nullity due to lack of jurisdiction, and thus the 2nd respondent had no authority to adopt the decision as a judgment.
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James Murithi Kabete v James Kanyaru Chabari [2013] KEHC 936 (KLR)
✦ The application is allowed and the costs are awarded to the applicant.
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Republic. v Kennedy Ireri alias Chuma & 3 others [2013] KEHC 2034 (KLR)
✦ The prosecution has established a prima facie case against all four accused persons, and they are placed on their defence under the provisions of Section 306(2) of the Criminal Penal Code.
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Basil Criticos v Independent Electoral & Boundaries Commission & 2 others [2013] KEHC 2192 (KLR)
✦ The court dismissed the Petition and declared Naomi Namsi Shaban as the validly elected member of the National Assembly for Taveta Constituency.
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Joseph W. Mundia v Solomon K. Rugut & another [2013] KEHC 1321 (KLR)
✦ The application for an order of stay is dismissed with costs to the plaintiff.
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Order of St. Augustine Kenya Registered Trustees v Alfred Otieno & 5 others [2013] KEHC 6674 (KLR)
✦ The Plaintiff has failed to establish a prima facie case with high chances of success at the main trial.
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National Citizens Forum Initiative & 3 others v Governor of the County Of Nairobi & 4 others [2013] KEHC 2135 (KLR)
✦ No violation of petitioners' rights and fundamental freedoms
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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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R.O.O V I.G.O [2013] KEHC 1945 (KLR)
✦ The court grants the petition for divorce and dissolves the marriage, with the decree nisi becoming absolute 30 days from the judgment date. The Respondent is ordered to agree on maintenance within 14 days or file an application for it.
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Rita Walia v Anil Walia & 7 others [2013] KEHC 1295 (KLR)
✦ The application is dismissed with the applicant bearing the costs due to unexplained inordinate delay.
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Mwamlole Tchappu Mbwana & another v Boy Juma Boy & 2 others [2013] KEHC 2177 (KLR)
✦ The petition has no merit and is dismissed.
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Dr Paul M. Kithinji & another v Joan Akinyi Keno [2013] KEHC 6721 (KLR)
✦ The court declines to grant interim relief and orders the appeal to be heard and determined
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M’nkiria Petkay Shen Miriti v Ragwa Samuel Mbae & 2 others [2013] KEHC 2203 (KLR)
✦ The Petitioner failed to prove the 1st Respondent committed election offences and engaged in serious electoral malpractices
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Penina Auma Otieno (Suing As A Legal Representative Of Ezra Otieno Ongong’a(Deceased) v Charles Otieno Ayoo & 2 others [2013] KEHC 2163 (KLR)
✦ The applicant’s application is allowed in terms of prayers 1 and 2. The suit is revived only as concerns the deceased plaintiff.
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George Aladwa Omwera v Benson Mutura Kang’ara & 2 others [2013] KEHC 2155 (KLR)
✦ The petition is dismissed with costs to the Respondents, and Benson Mutura Kangara is declared validly elected as Member of the National Assembly for Makadara Constituency.
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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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Kibet Maina v Zacheus Sang [2013] KEHC 2037 (KLR)
✦ The court confirms the distribution of the estate as proposed by Zacheus Sang, sharing L.R.No. Kericho/Sosiot/601 equally between Zacheus Sang, Kipyegon Arap Maina, and Kipsegenen Arap Maina, as per the ruling of Justice Musinga in 2006.