Kenyan case law
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Elias Lonyangareng Alias Kaki v Republic [2013] KEHC 1163 (KLR)
✦ The appeal is dismissed as the conviction and sentence were proper and in accordance with the law.
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Mathia v Lesuuda & another (Election Petition 13 of 2013) [2013] KEHC 2194 (KLR) (Civ) (27 September 2013) (Judgment)
✦ The court will determine the validity of the 2nd Respondent's nomination and the election of the 1st Respondent.
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Republic Of Kenya v Public Procurement Administrative Review Board & another Ex-Parte Nelson Korir & 3 others [2013] KEHC 2145 (KLR)
✦ The Board's decision to dismiss the application due to it being filed out of time was upheld, as the Board had jurisdiction to investigate the timeliness of the request and could not consider other grounds.
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Daniel Kariiyu Mungai v Equity Building Society & another & 2 others [2013] KEHC 6724 (KLR)
✦ The advocate's application for judgment on the taxed costs is granted with costs.
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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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Esposito Franco v Caroline Jepkemoi Waiyaki & another [2013] KEHC 6730 (KLR)
✦ The application for dismissal of the suit is refused with costs.
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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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Agnes W Kinuthia & 607 Others v University Of Nairobi [2013] KEHC 6722 (KLR)
✦ The High Court holds that the Industrial Court does not have exclusive jurisdiction over employer/employee disputes and that the suit should be transferred to the Industrial Court for disposal.
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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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C W N v P N K [2013] KEHC 2221 (KLR)
✦ The court dismissed the plaintiff's application for contempt citation and the defendant's application for injunctive orders.
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Jane Rwamba Mwaniki v Ndwiga Muthara & another [2013] KEHC 2031 (KLR)
✦ The Petitioner is not barred from rising against any intermeddling in the estate of the deceased in the same Succession Cause.
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Joshua Musyoka (Suing for and on behalf of Independent Presbyterian church of Kenya v Japheth Mulandi Kitui [2013] KEHC 2106 (KLR)
✦ The court transfers the case to Garissa High Court for hearing and determination.
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Amos Muriithi Kariamatu v Margaret Wambui Wamugunda & another [2013] KEHC 2160 (KLR)
✦ The court finds that the plaintiff is the registered absolute proprietor of the land and that the defendants are in occupation of the land. The court grants a temporary injunction to prevent the defendants from cutting trees or committing acts of wastage pending the hearing of the suit.
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Presbyterian Church of East Africa – Pwani Presbytery & another v Juma Jefa Mboe & an other [2013] KEHC 2178 (KLR)
✦ The Court finds in favor of the Plaintiffs and orders specific performance, a permanent injunction, and the demolition of unauthorized structures.
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PKR v JJB [2013] KEHC 6647 (KLR)
✦ The appeal is dismissed, and the appellant is not discharged from his parental responsibilities.
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Pcea Tumutumu Hospital v Medicomp Techno Services Ltd [2013] KEHC 1892 (KLR)
✦ The application to strike out the statement of defence is dismissed, and the main suit should be fixed for hearing.
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Peter Lotangor v Republic [2013] KEHC 1132 (KLR)
✦ The conviction and sentence are upheld with a reduced sentence to 3 years imprisonment.
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In re the Estate of Jolly Jimmy Githieya (Deceased) [2013] KEHC 2201 (KLR)
✦ The application is allowed, and the certificate of confirmation of grant dated 17th May 2001 shall be rectified to accord with the proposal in paragraph 14 of the supporting affidavit sworn on 9th November 2007.
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Republic v Joseph Kamande Maina [2013] KEHC 1158 (KLR)
✦ The accused is found not guilty and acquitted
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M S A v P K A [2013] KEHC 1942 (KLR)
✦ The court's decision to stay the Respondent's application pending the Court of Appeal's decision on the marriage's validity.
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Joseph Muraguri Mbitu v Francis Ngari Wamunyu [2013] KEHC 1882 (KLR)
✦ Leave to file appeal out of time is granted, and the applicant is ordered to file the appeal within 14 days. A temporary stay is granted pending the appeal, and the subordinate court is ordered to furnish the applicant with certified copies of the proceedings and judgment within 14 days.
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In the Matter of Baby R [2013] KEHC 6645 (KLR)
✦ The court allows the applicant's application to adopt the child. The consent of the biological parents of the child is hereby dispensed with. The applicant, R M M, is hereby allowed to adopt the child, Baby R [minor]. She shall hereafter be known as M N M [minor]. K W M is hereby appointed the legal guardian of the child in the event of the untoward happening to the applicant.
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Newton Mungala v Inspector-General of Police & 4 others [2013] KEHC 2126 (KLR)
✦ The 1st, 2nd, 3rd, and 4th respondents are restrained from demanding the petitioner to produce the vendor (Jeff Kiriga Gicharu) to the investigative arm of government.
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Joseph Wambugu Muriithi v Nyeri Motors Services Ltd [2013] KEHC 1891 (KLR)
✦ The court finds that the credit note of Ksh. 150,000/- was to cover interest or earlier payments and the Appellant was entitled to the same.
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B N K v E M M [2013] KEHC 1331 (KLR)
✦ The court will not disturb the orders of the lower court granting custody of the minor to the Respondent and visitation rights to the Appellant. The Appellant will contribute to the welfare of the minor by making monthly payments towards maintenance of the child.