Kenyan case law
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John Kiriba Ng’ang’a v Barclays Bank of Kenya Limited [2015] KEHC 1742 (KLR)
✦ The Plaintiff's application for extension of the interim injunction is dismissed with costs to the Defendant.
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Mutisya Kimwelu v Nzambi Mati [2015] KEHC 2197 (KLR)
✦ The appeal will succeed in part. The special damages are set aside. The general damages are set aside and the appellant is ordered to pay the respondent Kshs. 15,000/= as general damages for pain and suffering. Each party will bear their respective costs of the appeal, but the appellant will pay the costs of the proceedings in the magistrates court based on the award of general damages of Kshs.15,000/=. No interest is payable.
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Republic v CS, In Charge of Internal Security & 3 others Ex-Parte Jean Eleanor Margaritis Otto [2015] KEHC 7774 (KLR)
✦ The High Court does not have the authority to quash or prohibit criminal proceedings as it would be trespassing into the exclusive domain of the criminal court.
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Amos Mwengea Mutua v Republic [2015] KEHC 1827 (KLR)
✦ The appeal is allowed, and the appellant is fined Kshs.50,000 or serves 1 year imprisonment in default. His driving licence is cancelled for 1 year.
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Mbugua & Mbugua Advocates v Kenindia Assurance Company Limited [2015] KEHC 1344 (KLR)
✦ Judgment in favor of the applicant for kshs 49,283.76 as per the certificate of taxation dated 30th June 2015, with interest at 14% per annum from 16th June 2015 until payment in full.
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Richard Muriuki Njege v Jane Wambui Njege & 8 others [2015] KEHC 1585 (KLR)
✦ The court ordered the 1st objector to settle on land parcel No. IRIANI/KIAGUTHU.174 pending the determination of the succession cause, and restrained the petitioner and other interested parties from interfering with the 3rd interested party's occupation and from subdividing or apportioning the deceased's properties.
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Mathias Nyambu Wamoto v Republic [2015] KEHC 1993 (KLR)
✦ The court found the applicant's application to have been without merit and dismissed it
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Claris Akinyi v Republic [2015] KEHC 1676 (KLR)
✦ The kangara is not an alcoholic drink, and the sentence imposed is revised to the period served.
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Nancy Kabura Ndegwa v Republic [2015] KEHC 2182 (KLR)
✦ The court finds the appellant not guilty of the charges.
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Sophia Mustafa v Zulfa Ngasia Juma & another [2015] KEHC 2178 (KLR)
✦ The appeal is revived and the appellant is substituted by the applicant. The applicant is ordered to pay the respondent thrown away costs of Kshs 10,000 within 30 days and set down the appeal for directions or hearing within 90 days.
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C. Dorman Ltd v Kenya Railways Corporation [2015] KEHC 1339 (KLR)
✦ The court held that the plaintiff's claim for a permanent injunction and declaration is within the jurisdiction of the Environment and Land Court.
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Republic v Elijah Magati Maina & another [2015] KEHC 247 (KLR)
✦ The court granted the bond application for both accused persons, releasing them on personal bond of Kshs 500,000 each with one surety each of similar amount.
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Peter Macharia Njenga v Republic [2015] KEHC 2159 (KLR)
✦ The court found that the trial magistrate did not err in not conducting a voire dire inquiry, as the complainant gave sworn testimony and the appellant had the opportunity to cross-examine. The evidence supported the charge, and the sentence was not excessive.
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Joseph Munyoki Kalonzo v Kenya Wildlife Services [2015] KEHC 2233 (KLR)
✦ The court dismisses the contention that the court has no jurisdiction. The court awards Kshs. 4,032,000 in total damages to the plaintiff's estate, including Kshs. 5,000,000 under the Wildlife Conservation & Management Act 2013 and Kshs. 40,000 for special damages.
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Paulo Palmitessa v Giuseppe Caputo [2015] KEHC 2206 (KLR)
✦ The appeal is dismissed with costs to the respondent. The respondent shall also have the costs awarded by the trial court.
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David Nyaruri Bosando v Republic [2015] KEHC 2168 (KLR)
✦ The appellant's conviction is quashed and his sentence is set aside due to the lack of concrete proof of the complainant's age and the doubt raised by the appellant's defense.
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Charles Chege Njoroge & another v Richard Membo Guya T/A Ramogi Chemist & 2 others [2015] KEHC 2155 (KLR)
✦ The court finds that the Applicant has failed to show a legal right over the suit land, and the application is dismissed.
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Achola Jaoko & Co. Advocate v Africa Merchant Assurance Company Limited [2015] KEHC 1316 (KLR)
✦ The application is allowed, and judgment is entered for the advocate/applicant for Kshs 212,468.70 with interest at 14% from 9th July 2015 until payment in full. A decree to issue to that effect.
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Republic v Omari Bakari Munanbo Mala [2015] KEHC 1986 (KLR)
✦ The accused is found not guilty of murder and acquitted
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Changoma Abdalla Mwamvumo v Republic [2015] KEHC 1960 (KLR)
✦ The conviction is quashed and the sentence is set aside
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In re Estate of M'ikiugu M'mwirichia alias Ikugu Mwirichia [2015] KEHC 1222 (KLR)
✦ The interim orders are extended, and the Plaintiffs are required to deposit rents in a joint account with the Advocates for the parties.
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Ausilio Mungatia v Japhet Mburugu [2015] KEHC 2313 (KLR)
✦ The application is dismissed with costs to the respondents
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Prathap Industries v Unitech Industries Agencies Limited [2015] KEHC 1481 (KLR)
✦ The court finds in favor of the plaintiffs, awarding them €102,346.90 and interest from the date the suit was filed. The defendant's defence is struck out.
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Jemimah Wanjiru Mwaniki v Kenneth Wachira Mwaniki [2015] KEHC 2253 (KLR)
✦ The grant of letters of administration intestate is confirmed and the estate shall be distributed as proposed in the protestor's affidavit.
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Republic v Chairman Kirinyaga South Land Disputes Tribunal & 3 others ex-parte Edith Wanjiku Kananda [2015] KEHC 2096 (KLR)
✦ The application is dismissed with costs to the 3rd respondent.