Kenyan case law
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DANIEL WAMBUA NDABI v PETER LUKA NDUTU [2008] KEHC 3842 (KLR)
✦ The court dismissed the defendant's application for stay of execution, finding that the plaintiff would be prejudiced and that the defendant had not shown substantial loss.
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NJONGORO & CO. ADVOCATES v DUBAI BANK KENYA LIMITED [2008] KEHC 1830 (KLR)
✦ The applicant is entitled to the orders sought, including judgment for the taxed and certified costs, interest at 9% from 16th November, 2007, and no orders as to costs.
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JOHN NDEREBA MWANGI & another v REPUBLIC [2008] KEHC 2347 (KLR)
✦ The appeals are allowed, convictions and sentences are quashed, and the appellants are set at liberty
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CHARLES MBUGUA NJUGUNA v CHARLES NDUNGU KARIUKI [2008] KEHC 1818 (KLR)
✦ The court orders that the 'status quo' be maintained till the determination of the main suit, restraining both the plaintiff and the defendant from cutting down any of the 107 trees on the land.
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REPUBLIC v PERMANENT SECRETARY MINISTRY OF WORKS & another [2008] KEHC 3776 (KLR)
✦ The court grants the application to extend the time to file contempt proceedings.
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DAVID NJOROGE WAMBIA v LILIAN N. KIBUGU & another [2008] KEHC 1857 (KLR)
✦ The court declines to issue orders of mandatory injunction against the 1st and 2nd defendant. The application is hereby dismissed with costs to the 1 and 2 defendant.
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MAHESH MAHER v STANLEY KAMAU GATUNE & 7 others [2008] KEHC 1933 (KLR)
✦ The court declines to grant the interim orders sought by the petitioner and dismisses the chamber summons.
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KENNEDY MOINDI NYABUTO v REPUBLIC OF KENYA [2008] KEHC 2340 (KLR)
✦ The applicant's constitutional rights were violated, and the court discharges the applicant of the charge of murder.
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KEBIRIGO TEA FACTORY V JARED RAINI RAINI (Civil Appeal 179 of 2006) [2008] KEHC 2438 (KLR) (10 June 2008) (Judgment)
✦ The court agrees with the trial court's findings and does not disturb the apportionment of liability. The court also upholds the trial court's award of damages.
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KENYA OIL COMPANY LIMITED & another v KENYA PIPELINE COMPANY LIMITED [2008] KEHC 1849 (KLR)
✦ The application is dismissed as the applicants are attempting to substitute the court's discretion for that of the arbitrator.
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CHARLES KIPSANG ELONGOI v REPUBLIC [2008] KEHC 2258 (KLR)
✦ The conviction is quashed and the sentence set aside due to reasonable doubt regarding the identity of the robber.
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ESTHER DORCA BOCHERE ONYANCHA v ZACHARIA OKEMWA MANONO & another [2008] KEHC 2013 (KLR)
✦ The court awards special damages for medical expenses and other related costs.
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MARY NYAMBURA MBOTE v REPUBLIC [2008] KEHC 2471 (KLR)
✦ The trial was flawed and the conviction unsafe, hence the appeal is allowed
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A M. KIMANI & CO. ADVOCATES v KENINDIA ASSURANCE COMPANY LIMITED [2008] KEHC 1829 (KLR)
✦ The court finds no basis for interference with the decision of the taxing officer and disallows the reference with no orders to costs.
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JOHN NJOGU KIMANI v REPUBLIC [2008] KEHC 2473 (KLR)
✦ The sentence imposed by the trial court is reduced to the term so far served with the consequence that the appellant should be set loose forthwith unless otherwise lawfully held.
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MICHAEL MWANGI KIBE v REPUBLIC [2008] KEHC 2209 (KLR)
✦ The sentences imposed were neither harsh nor manifestly excessive, and the appeal is dismissed with the correction that the sentence for attempted rape will be served with hard labour.
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PAUL MUHORO KIHARA v BARCLAYS BANK OF KENYA LTD [2008] KEHC 2268 (KLR)
✦ The court held that the plaintiff was not terminated but retired early under the Early Retirement Scheme, and the defendant did not breach the contract or constitutional rights.
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NAHASHON NJIRU IRERI v REPUBLIC [2008] KEHC 949 (KLR)
✦ The appeal is allowed, and the appellant is ordered to be set at liberty forthwith, unless otherwise lawfully held.
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In Re Matter of Laban Mogire Mogogo (Deceased) [2008] KEHC 2335 (KLR)
✦ The court orders that the other two sons of the deceased, James O. Mogire and Meshack O. Mogire, file affidavits within 30 days to indicate their consent or opposition to the petitioner's application.
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JUSTINA AUMA ANGORO v NELSON YABESH BICHANGA & another [2008] KEHC 2253 (KLR)
✦ The application is dismissed as the objector did not establish ownership of the attached goods and the matter is res judicata.
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BHARVA BADIANI V MICROSOFT CORPORATION KENYA [2008] KEHC 37 (KLR)
✦ The court found the application to be competent and the court can issue the final order as prayed for by the applicant.
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CHARLES MACHOKA OMWEGA v REPUBLIC [2008] KEHC 1995 (KLR)
✦ The conviction is quashed and the sentence set aside due to insufficient evidence.
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KAGWIMI KANG’ETHE & Co. ADVOCATE S v MITS ELECTRICAL COMPANY [2008] KEHC 2367 (KLR)
✦ The court granted a stay of execution under the inherent powers of the court, conditional on the deposit of a joint interest earning account or a bank guarantee for the disputed amount.
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KENYA DAIRY BOARD & another v ERIC MUTUMA [2008] KEHC 2568 (KLR)
✦ Application for stay of execution is dismissed
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MAINA MBITI & 2 others v GITHUI MBITI [2008] KEHC 2571 (KLR)
✦ The applicant's application has no merit and should be dismissed.