Kenyan case law
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Ninah Mbithe Mutiso v Joseph Musyoka Mutevu [2016] KEHC 2116 (KLR)
✦ The application is well supported and merited, and the costs for the application will be provided for. The application for rectification of the grant is allowed.
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Nickson Muthoka Mutavi v Kenya Agricultural Research Institute [2016] KEHC 2034 (KLR)
✦ Execution of the judgment is stayed pending the hearing and determination of the Respondent's appeal in the Court of Appeal, subject to the Respondent depositing security for the decretal sum in a joint interest earning account.
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Boniface Kingori Muini v Republic [2016] KEHC 2703 (KLR)
✦ The appeal against both conviction and sentence fails and is dismissed.
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Republic v Robert Okoth Otieno [2016] KEHC 2749 (KLR)
✦ The court ordered the parties to file affidavits to determine the reason for the accused's failure to appear in court on 09.05.2016.
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Duale Ahmed v Republic [2016] KEHC 1545 (KLR)
✦ The conviction for defilement is quashed and the sentence set aside. The appellant is set at liberty.
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Republic v Chief Magistrate’s Court at Kibera & another Ex-parte Jacklin Waithera [2016] KEHC 236 (KLR)
✦ The court holds that an order of prohibition cannot quash a decision already made, and an order of certiorari can only be issued if the decision is without jurisdiction or in excess of jurisdiction, or where the rules of natural justice are not adhered to.
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Robert Max Mulie (Executor of the Estate of Bernhard Martens) v Ismail M.H. Mawji t/a Manohar Lall & Rai (MLR) Associates [2016] KEHC 8645 (KLR)
✦ The application is rejected as the circumstances do not disclose a clear case for an interlocutory mandatory injunction.
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Moses Kabue Karuoya v Republic [2016] KEHC 2729 (KLR)
✦ The appeal is dismissed. The conviction and sentence for attempted rape are upheld.
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Republic v Director of Immigration Services & another Exparte Planet Motors Company Limited [2016] KEHC 1345 (KLR)
✦ The application is dismissed with no orders as to costs.
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Samuel Gachie Kamiti v Republic [2016] KEHC 2716 (KLR)
✦ The conviction is quashed and the sentence set aside
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Republic v Stephen Kimani Kamau [2016] KEHC 8360 (KLR)
✦ The court finds the prosecution did not make out a case to answer the charges and therefore the accused is not guilty of murder.
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Republic v Cetric Likalamu [2016] KEHC 2413 (KLR)
✦ The plea of guilty to manslaughter is not unequivocal because facts have not been read and admitted or controverted by the accused. The prosecution has not made an application to resubstitute the manslaughter charge with murder.
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Mwangi Keng’ara & Co. Advocates) v Invesco Assurance Company Limited [2016] KEHC 8719 (KLR)
✦ The court declines to order that this, or any other case, be handled as the Test Case, as the varying stages in which different cases have reached make it imprudent.
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M M v Republic [2016] KEHC 8381 (KLR)
✦ The conviction and sentence are quashed, and the child is released
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Leone Alberto Fulvio v Director of Public Prosecution [2016] KEHC 2386 (KLR)
✦ The applicant should be released on bond/bail once he has been arraigned before court
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Cecily Wanjiru Kariuki & another v Beth Gicuku Peter [2016] KEHC 2474 (KLR)
✦ The court gives the petitioners leave to respond to the respondent's application for revocation of the grant, and the petitioners are given an opportunity to challenge the respondent since the proceedings were conducted in their absence.
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Republic v County Secretary, County Government Of Kitui & another Ex-Parte Muema Kitulu Advocate [2016] KEHC 480 (KLR)
✦ The Court held that the Respondents are under a public duty to pay the Applicant the awarded costs and that the Applicant is entitled to the relief he seeks.
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Nicholus Muriuki Mutubie v Mwaniki Mbiti [2016] KEHC 2473 (KLR)
✦ The court grants the appellant's application on condition that he deposits Kshs 100,000 as security within 45 days from the date of the ruling.
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Mimosa Vile Limited v Kenya Forest Service & 2 others [2016] KEHC 1356 (KLR)
✦ The prayer for leave to apply for judicial review orders is available to the applicant, but the prayer for stay should not operate as a stay of any intended proceedings against the applicant with regard to the said LR 20842.
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Republic v Ismael Batton Sakwa (Criminal Case 35 of 2011) [2016] KEHC 2708 (KLR) (11 October 2016) (Ruling)
✦ The court finds the accused not guilty of murdering BASHIRI SAKWA and acquits him.
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Charles Mukabi v Republic [2016] KEHC 2181 (KLR)
✦ The court grants the appellant bond pending appeal on the condition of a personal bond of Kshs.500,000/- and surety of a similar amount.
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Mwendwa Mwangi v Republic [2016] KEHC 1535 (KLR)
✦ The conviction is quashed, and the appellant is set at liberty.
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Omar Mohamed Ali v Athman Helf Athman [2016] KEHC 2715 (KLR)
✦ The Kadhi's Court judgment is set aside
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Chris Munyoki Musee v Republic [2016] KEHC 1629 (KLR)
✦ The court dismissed the appellant's appeal and request to invoke alternative dispute resolution mechanisms under Article 159(2)(c) of the Constitution.
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Mbithi Peter Mutuku v Council of Legal Education & 2 others [2016] KEHC 2669 (KLR)
✦ The court grants the parties their own costs and orders the Respondents to bear the costs.