Kenyan case law
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IN THE MATTER OF THE ESTATE OF GATHONI GICHINGIRI GITHINJI (DECEASED BTWNELIZABETH WAMUYU GITHINJI & ANOTHER [2009] KEHC 2134 (KLR)
✦ The protest is struck out with costs to the petitioner. The grant is confirmed as sought in the application dated 21st August, 2008 with costs again to the petitioner.
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REPUBLIC v ROBERT MOENIA OMOLO [2009] KEHC 1181 (KLR)
✦ The accused is acquitted of murder due to the unexplained delay in arraigning him in court.
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CALVIN ODHIAMBO LANDO v REPUBLIC [2009] KEHC 2370 (KLR)
✦ The appellant's conviction is unsafe and is quashed, and he is set at liberty.
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JULIUS BONIFACE KARURU M'EBUTHANIAv HENRY MWORIA M'MUTUA & 3 others [2009] KEHC 2873 (KLR)
✦ The court grants the application to transfer the case from Maua Magistrate Court to the Chief Magistrate Court at Meru.
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PAUL KIRUHI NYINGI & another v FRANCIS WANJOHI NYINGI [2009] KEHC 2555 (KLR)
✦ The court confirms the grant of letters of administration and distribution as proposed by the petitioners, with the protest dismissed.
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DANIEL KIBE RITHO v FREDRICK MUTONYI GITONGA [2009] KEHC 3388 (KLR)
✦ The court held that the defendant was a trespasser and ordered him to vacate the suit premises
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MBURU KINANI V KANYEKI FARMERS COOPERATIVE [2009] KEHC 2476 (KLR)
✦ The application by the plaintiff cannot be allowed. The plaintiff will have to await the decision of the minister in regard to the appeal lodged by the defendant. The proceedings in this case are stayed pending the appeal.
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DALY & FIGGIS & CO. ADVOCATES v KARUTURU NETWORKS LTD & another [2009] KEHC 3402 (KLR)
✦ The respondents' application seeking to stay the taxation of the advocate-client bill of costs is dismissed with costs to the applicant.
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REPUBLIC V PETER NGATIA MWANGI [2009] KEHC 2251 (KLR)
✦ The court finds the prosecution did not prove the charge beyond reasonable doubt and acquits the accused
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BONIFACE NJUGUNA GAKURU v PAUL NJOROGE GAKURU [2009] KEHC 2764 (KLR)
✦ The appeal is dismissed with no order as to costs as the parties are brothers.
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MERCY WAMBUI THUO V K-REP BANK [2009] KEHC 2750 (KLR)
✦ The appeal is dismissed with costs to the respondent.
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DALY & FIGGIS & CO. ADVOCATES v KARUTURU NETWORKS LTD & another [2009] KEHC 3387 (KLR)
✦ The respondents have no competent appeal pending before this court and the application seeking to stay the taxation of the advocate-client bill of costs is dismissed.
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DALY & FIGGIS & CO. ADVOCATES V KARUTURU NETWORKS & ANOTHER [2009] KEHC 2186 (KLR)
✦ The respondents have no competent appeal pending before the court and the application seeking to stay the taxation lacks merit.
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JOSEPH NGUNJIRI MACHIRA V MICHAEL RUKENYA [2009] KEHC 2743 (KLR)
✦ The court finds no merit in the appeal and dismisses it with costs to the respondent.
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NASSER AHMED T/A AIR TIME BUSINESS SOLUTIONS v CELTEL KENYA LTD [2009] KEHC 3027 (KLR)
✦ The court ordered the sum of Kshs.10,000,000 to be deposited in an interest earning account in the names of the counsel for the plaintiff and counsel for the defendant in a reputable bank to be agreed between the said advocates.
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NEPHAT MUCHIRI WAGACHAU V MARGARET KARIUKI & 3 OTHERS [2009] KEHC 2705 (KLR)
✦ The amended plaint is struck out with costs to the defendant
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REPUBLIC v SARAH WAITHIRA NJUGUNA [2009] KEHC 2639 (KLR)
✦ The accused is acquitted due to the unexplained delay in arraigning the accused and the lack of sufficient circumstantial evidence.
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DAVID MUSYIMI NDETEI v DAIMA BANK LTD (IN LIQUIDATION) [2009] KEHC 3019 (KLR)
✦ The plaintiff has established a proper case for the court to compel the DPFD to consider the proof of debt forms and settle the claim.
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David Musyimi Ndetei v Daima Bank Ltd (In Liquidation) [2009] KEHC 3021 (KLR)
✦ The plaintiff has established a proper case for the court to compel the liquidator to consider the proof of debt forms and settle the claim.
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CHARLES KIRIRA KIMANI V KARACHU JAMES NJUGUNA [2009] KEHC 2745 (KLR)
✦ The appeal is allowed, the decree of the trial court is set aside, and an order is substituted for the respondent in the sum of Kshs.200,000/= together with interest at 100% from date of payment thereof and costs of the suit also with interest thereon.
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REPUBLIC V SANNY NJAGI MBOGO & ANOTHER [2009] KEHC 2178 (KLR)
✦ The accused persons were placed onto their defence pursuant to Section 306 (2) of the Criminal Procedure Code.
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EMIRATES NATIONAL OIL COMPANY (SINGAPORE) PRIVATE LTD v TRITON PETROLEUM CO. LTD [2009] KEHC 3401 (KLR)
✦ The court appointed Ponangipalli Venkata Ramana Rao as an interim liquidator of the company pending the winding up petition.
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CALVIN ODHIAMBO LANDO V REPUBLIC [2009] KEHC 2369 (KLR)
✦ The appellant's conviction is unsafe and is quashed. The appellant is set at liberty.
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IN THE MATTER OF THE ESTATE OF NGARI MURANDI alias LIVINGSTONE MBARIU (DECEASED & ANOTHER VWILFRED MURANDI MAINGI [2009] KEHC 2136 (KLR)
✦ The objector is entitled to letters of administration intestate.
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IN THE MATTER OF THE ESTATE OF GEOFFREY NJORI S/O GACHOYA (DECEASED & ANOTHER V LYDIA WAMUCII NJOORI [2009] KEHC 2132 (KLR)
✦ The Tetu property should be shared equally between the co-wives, and the grant shall be confirmed along the lines proposed by the protestor.