Kenyan case law
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NICHOLAS SHIRAO & another v REPUBLIC [2005] KEHC 91 (KLR)
✦ The conviction and sentence are quashed and set aside.
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Majdoon Kenya Limited v Kenya Oil Company Limited [2005] KEHC 2433 (KLR)
✦ The Plaintiff's application for contempt proceedings is dismissed as the Plaintiff did not seek leave of the court before filing the chamber summons.
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Republic v Minister for Lands and Settlement & 3 others ex parte Julius Kiboro Njogoo Mitugo [2005] KEHC 2484 (KLR)
✦ The application is struck out with costs to the respondents
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Nicholas Shirao & another v Republic [2005] KEHC 3158 (KLR)
✦ The conviction is quashed and sentence set aside due to the trial magistrate's misdirection in allowing an unqualified prosecutor to prosecute.
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In re Estate of Gatana Gakuru (Deceased) [2005] KEHC 2322 (KLR)
✦ The 1994 will is valid and the 1984 will is revoked. The petitioners are granted the grant of representation of the deceased estate.
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DANIEL MUIRURI NJIHIA v ASSOCIATION OF MEMBER EPISCOPAL CONFERENCES IN EASTERN AFRICA [2005] KEHC 40 (KLR)
✦ The court grants the application to transfer the civil cause to Milimani Commercial Courts, Nairobi.
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Nzembi Muchiri v Gabriel Mbiti Mulei [2005] KEHC 3245 (KLR)
✦ The Chamber Summons is dismissed with costs to the Respondent as the Plaintiff has not filed a Plaint with an accompanying interlocutory application for an injunction.
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NAMAI ODDER BEATRICE V KENYA REINSURANCE CORPORATION LTD [2005] KEHC 360 (KLR)
✦ Plaintiff's Preliminary Objection is dismissed with costs
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Mitchell Cotts Freight (K) Ltd v Marship Limited [2005] KEHC 2199 (KLR)
✦ The court is satisfied that the matter should go for trial due to a triable issue regarding the agency relationship.
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LALCHAND SHAH & RAMBHA SHAH V KENINDIA ASSURANCE COMPANY LTD (Civil Case 981 of 2003) [2005] KEHC 549 (KLR) (2 June 2005)
✦ A declaratory judgment is entered in favor of the plaintiffs, ordering the defendant to satisfy the judgment sum in CMCC 8455/02 in the sum of Ksh.1,033,144 inclusive of costs and interest up to 25.7.03.
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Madison Insurance Co Ltd v Peter Mutunga Musila & another [2005] KEHC 1539 (KLR)
✦ The application is dismissed with costs as the plaintiff has not shown a good and sufficient cause for not having filed the appeal in time.
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Edward Mwangi Wachira v John Kiritu Mwenje & 2 others [2005] KEHC 2341 (KLR)
✦ Notice of Motion dated 20th May 2005 is hereby dismissed
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Caltex Oil Kenya Ltd v East African Spectre Ltd [2005] KEHC 2491 (KLR)
✦ The application for leave to amend the statement of defence and counterclaim is granted.
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Boniface Mungai Machanga v Republic [2005] KEHC 2575 (KLR)
✦ The conviction is confirmed and the sentence of death is upheld
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JOSEPH MWANIKI WAWERU & another v REPUBLIC [2005] KEHC 3242 (KLR)
✦ The convictions and sentences are quashed, and the Appellants are set at liberty unless otherwise lawfully held.
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Sammy Mwaniki Theuri v Republic [2005] KEHC 2574 (KLR)
✦ The court upheld the conviction and sentence of death, finding the charge sheet to be valid and the appellant to be in company with others.
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Lila Vadgama v Deposit Protection Fund Board [2005] KEHC 2505 (KLR)
✦ The preliminary objection is dismissed with costs to the applicant.
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Sammy Njeru v Linear Coach Co. Ltd [2005] KEHC 2329 (KLR)
✦ Judgment against the 1st defendant is set aside ex debito justitiae, while the judgment against the 2nd defendant is upheld.
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Mechanized Systems Limited v Guardian Bank Limited [2005] KEHC 1729 (KLR)
✦ The application is certified urgent and will be heard before the plaintiff's application dated 3rd January, 2005.
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Lilian Wangui Kimani v Republic [2005] KEHC 1183 (KLR)
✦ The plea of guilty was unequivocal and the sentence is varied to run concurrently.
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EPHANTUS MUCHERU MWANGI V KENYA RAILWAYS CORPORATION & ANOTHER [2005] KEHC 3130 (KLR)
✦ The suit is time barred under section 87(b) of the Kenya Railways Corporation Act and is hereby struck out with costs to the defendant.
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Rebecca Waithira Joseph & another v Hannah Wambui Kibu [2005] KEHC 2253 (KLR)
✦ The Chamber Summons dated 17th January, 2002 is hereby dismissed.
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Joyce Kasozi Ceino & another v Tukero Ole Kina [2005] KEHC 122 (KLR)
✦ The plaintiffs lack the necessary capacity to bring the suit as they have not applied for and obtained letters of administration. The plaintiffs' concern is the preservation of the deceased person's estate, and the Law of Succession Act does not apply in this situation.
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In Re the Estate of Mwangi Nganga (Deceased) [2005] KEHC 2567 (KLR)
✦ The application is dismissed as fatally defective due to technical defects in the form of the application and the supporting affidavit.
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Rosemary Epurukel v P. C. Absalom Kariuki & another [2005] KEHC 1582 (KLR)
✦ The 1st defendant is found negligent and held liable for the shooting and the 2nd defendant is held vicariously liable. The plaintiff is awarded Kshs. 575,000 in total.