Kenyan case law
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PETER KARIUKI MATHI V REPUBLIC [2012] KEHC 1699 (KLR)
✦ The conviction is upheld. The sentence is also upheld.
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PHILLIP NYANGWESO KHATERA V WILLIAN SHIMONYERE [2012] KEHC 1372 (KLR)
✦ The appeal is allowed. The decision of the Appeals Committee is null and void due to the illegality of its constituted members. The dispute remains undetermined. Each party will meet their own costs.
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CHRIST CHAPEL MINISTRIES v GLORIA NDUNGE KATEE [2012] KEHC 5912 (KLR)
✦ The Court granted the Plaintiff's application for a temporary and permanent injunction against the Defendant, her agents, servants, and any person claiming through her, to prevent trespassing, alienation, and interference with the Plaintiff's peaceful and quiet possession of the suit land.
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REPUBLIC v NATIONAL ENVIRONMENT MANAGEMENT AUTHORITY Exparte CORAL DRIVE LUXURY HOMES LTD [2012] KEHC 5448 (KLR)
✦ The court dismisses the Preliminary Objections raised by the Interested Parties and the Respondent and directs that the Ex parte applicant’s Notice of Motion upon leave granted be filed for hearing inter partes on a date to be fixed in consultation with the parties.
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ABSOLOM AGALA V IMCO BUILDING & ENGINEERING CONSTRUCTION [2012] KEHC 1341 (KLR)
✦ The appeal is partly successful. The appellant's claim for general damages is upheld, and the respondent's payment of Kshs.179,907/= is sufficient.
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ISSACK ADEN GONJOBO & 2 OTHERS VTOWN COUNCIL OF MANDERA & 2 OTHERS [2012] KEHC 1350 (KLR)
✦ The court granted the injunction and reserved the property pending the hearing and determination of the petition.
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Elijah Anyango Ogada v Republic [2012] KEHC 2258 (KLR)
✦ The appeal is dismissed, and the appellant is ordered to be released with an adequate punishment meted out.
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KAY CONSTRUCTION CO. LTD V ATTORNEY GENERAL & ANOTHER [2012] KEHC 5854 (KLR)
✦ The application is allowed, and the proceedings are stayed pending the hearing and determination of the substantial application.
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Obadia Micha Nyongesa v Mohammed Nyongesa [2012] KEHC 1786 (KLR)
✦ The application is incompetent and is struck out with costs.
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OBED OKWEMBA PETER V REPUBLIC [2012] KEHC 2259 (KLR)
✦ The appeal is dismissed, and the conviction and sentence are upheld.
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REPUBLIC v SAMUEL KIPKEMOI RONO (Criminal Case 126 of 2009) [2012] KEHC 1583 (KLR) (24 September 2012)
✦ The court finds the evidence insufficient to prove the accused's guilt and acquits him.
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NATIONAL BANK OF KENYA LIMITED V JOSPHAT MACHARIA WACHIRA t/a ALLIGATOR SUPPLIERS & 2 OTHERS [2012] KEHC 5829 (KLR)
✦ The application is dismissed with costs.
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1. OFFICIAL RECEIVER & LIQUIDATION OF CONTINENTAL CREDIT FINANCE LTD & ANOTHER V ZAVERCHAND RAMJI SHAH & 6 OTHERS [2012] KEHC 5834 (KLR)
✦ The judge allows prayers 2 and 3 of the application, ordering the court to give further directions on whether the proposed interested parties should be joined as plaintiffs, defendants, or interested parties.
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KENYA POWER & LIGHTING CO. LTD V DIANA ACHIENG OGUNYO [2012] KEHC 1035 (KLR)
✦ The appeal is dismissed with costs to the respondent. The award of Kshs. 75,000 in special damages is upheld.
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Migotiyo Plantation Limited v Lucy Korir [2012] KEHC 2101 (KLR)
✦ The appeal is allowed. The judgment and all consequential orders are set aside.
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KENYA COMMERCIAL BANK LIMITED V ANN KAJUJU CHARLES [2012] KEHC 5898 (KLR)
✦ The court grants the application to extend the validity of the summonses and re-issue them against the 15 Defendants
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SIMON IGECHA & 510 OTHERS V KENYA BREWERIES LTD & ANOTHER [2012] KEHC 5818 (KLR)
✦ The Plaintiffs' claim has not been compromised, and they are entitled to proceed with the suit. The Plaintiffs and the 1st Defendant have genuine disputes on several issues, and a full trial is required.
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Republic v Commissioner of Customs & Excise & 2 others Exparte Mastermind Tobacco Limited [2012] KEHC 2282 (KLR)
✦ The court found that the respondents had the legal authority to collect taxes and that the demand letters were illegal.
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Republic v Tabitha Waithera Murigi [2012] KEHC 1964 (KLR)
✦ The appeal is dismissed as there are no merits.
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KRISBIANUS MOGOIGA MUCHUNI V THOMAS CHACHA MATIKO [2012] KEHC 1034 (KLR)
✦ The court declares that the appellant is the owner of plot number 2 Kugitimo Market and issues a permanent injunction restraining the respondent from interfering with the plot.
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Amina Abdul Kadir Hawa v Rabinder Nath Anand & another [2012] KEHC 2370 (KLR)
✦ The court finds that the defendants' repudiation of the contract was justified due to the plaintiff's failure to complete the transaction.
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AFRICAN SAFARI CLUB LIMITED V MIRIAM MUTHONI MAHIHU & 5 OTHERS [2012] KEHC 5826 (KLR)
✦ The court grants the Plaintiff's prayer for an interlocutory mandatory injunction to reinstate the Plaintiff into the suit property.
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Eddah Wanjiru Mbiyu v Republic [2012] KEHC 2265 (KLR)
✦ The application is dismissed as the applicant has attempted to patch up the loopholes pointed out in the judge's decision and the provisions of the Constitution were not considered.
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SABINA MORA WANDA V SUNEKA LAND DISPUTES TRIBUNAL & 3 OTHERS [2012] KEHC 2280 (KLR)
✦ The decision of the Suneka Land Disputes Tribunal is null and void.
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MUTHUI MWAI & 2 OTHERS V STANDARD NEWSPAPERS LTD 2 OTHERS [2012] KEHC 5828 (KLR)
✦ The Plaintiffs are entitled to general damages of KShs 400,000 each.