Kenyan case law
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Republic v Cannobbio Piero Piero [2012] KEHC 1981 (KLR)
✦ The acquittal is quashed, and the case is remanded for retrial.
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DYER & BLAIR BANK LTD V EQUITY BANK LTD & ANOTHER [2012] KEHC 5432 (KLR)
✦ The court granted the witness summonses and allowed Safaricom Limited to adduce evidence through sworn evidence by an officer familiar with the company's communication systems.
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Kipkoech Maiyo v Jackson Kiptabot Koskei, Attorney General & Chairman Land Disputes Tribunal Kabiyet Division (Civil Suit 47 of 2006) [2012] KEHC 2058 (KLR) (19 September 2012) (Ruling)
✦ The application dated 20th January 2009 is dismissed with costs to the 1st Defendant.
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SARODENA HOTEL LIMITED V FAIRVIEW INVESTMENTS LIMITED (Civil Appeal 149 of 2012) [2012] KEHC 2383 (KLR) (Civ) (19 September 2012) (Ruling)
✦ The application for stay of execution is dismissed with costs to the respondent
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Republic v Chairman, Land Disputes Tribunal Soy Division, Uasin Gishu District Resident Magistrate Eldoret, Ambrose Kimaru Munai & District Land Registrar Eldoret Ex Parte Norah Onchonga Onwonga, George Arunga T/A Jone Brooks Consultants Ltd & Paul K. Maswai (Miscellaneous Civil Application 52 of 2006) [2012] KEHC 2059 (KLR) (19 September 2012) (Judgment)
✦ The Tribunal's decision is quashed, and the 1st applicant's title is protected.
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PAUL K. BULLUT & ANOTHER v CHEMWOLO TOROITICH [2012] KEHC 2055 (KLR)
✦ The application is dismissed with costs.
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E.A.T.E.C LIMITED v ETUKO ETIR MOKHODI [2012] KEHC 2021 (KLR)
✦ The appeal is allowed, the judgment is set aside, and the Respondent's suit is dismissed with costs.
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M.W. v REPUBLIC (Criminal Appeal 291 of 2010) [2012] KEHC 2077 (KLR) (19 September 2012) (Judgment)
✦ The appeal is allowed, the conviction quashed, and the sentence set aside. The Appellant is ordered to be released immediately.
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Homebase Properties Ltd v Equatorial Commercial Bank & 3 others [2012] KEHC 2276 (KLR)
✦ The application is dismissed with costs to the 1st Defendant/Respondent.
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Dysseleer Mireille Lesoipa v Manual Lesoipa [2012] KEHC 1547 (KLR)
✦ The court ordered a fresh medical report to be compiled by the Medical Officer, Samburu, to assess the defendant's condition and determine if he is competent to testify.
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Alex Ngabu Muthui v Highlands Inn Limited & another (Winding Up Cause 1 of 2006) [2012] KEHC 2072 (KLR) (19 September 2012) (Ruling)
✦ The Petition is not incompetent and the Petitioner has locus standi.
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EASTERN PRODUCE (K) LTD V PATRICK JUMA MAINA [2012] KEHC 2020 (KLR)
✦ The court overrules the arguments of res judicata and grants a stay of execution of the decree pending the appeal.
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Julius Nyarotho v Attorney General & 3 others [2012] KEHC 2317 (KLR)
✦ The motion is not fatally defective, and the court will hear and determine the dispute.
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RASHID JUMA BEDZIMBA v ABDULKADIR HASSAN AZIZ & 2 others [2012] KEHC 5794 (KLR)
✦ The Preliminary Objection is hereby dismissed with costs.
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Raphael Ndiwa Bukose & Another v Samuel K. Kinyai & others [2012] KEHC 2070 (KLR)
✦ The court dismissed the appeal and upheld the judgment of the subordinate court, finding the appellants 100% liable for the accident and awarding damages as per the subordinate court's judgment.
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JAMES KIPRONO TINEGO V PETER KHISA MUSUNGU (Civil Suit 161 of 1998) [2012] KEHC 1316 (KLR) (19 September 2012)
✦ The Plaintiff is the registered owner of the land and the Defendants have no case against him.
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NJONJO, OKELLO & ASSOCIATES V KETAN LALIT CHINDRA DOSHI & ANOTHER [2012] KEHC 2013 (KLR)
✦ The court grants judgement in favour of the Applicants against the Respondents in the sum of Shs. 664,793/- and grants interest on the amount from the date of the Ruling on the taxation proceedings.
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PLATIMUM TRADERS LTD V KITA GENERAL STORES [2012] KEHC 5913 (KLR)
✦ Application for summary judgment is disallowed as the Defendant has a credible defence based on cash deposits to the Plaintiff's accounts.
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MICHAEL KIMAIYO V DAVID CHERUIYOT [2012] KEHC 1391 (KLR)
✦ The application is dismissed. The plaintiff's prayer for stay of proceedings of the succession cause is declined. The plaintiff's prayer for an interim injunction is also dismissed.
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REPUBLIC V ISSA OMAR SHEDE [2012] KEHC 5944 (KLR)
✦ The accused is directed to give his defence to the charge of Murder.
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NARAN HIRANI T/A CLASSICO BUILDERS V MAINA MWANGI [2012] KEHC 1808 (KLR)
✦ The objector's application is dismissed with costs to the plaintiff.
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REPUBLIC V HEAD TEACHER, KENYA HIGH SCHOOL & ANOTHER EX-PARTE SMY [2012] KEHC 5443 (KLR)
✦ The court finds in favor of the applicant and grants the requested reliefs.
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Republic v Head Teacher, Kenya High School & another; SMY (A Minor Suing Through her Mother and Next Friend AB) (Exparte) (Judicial Review 318 of 2010) [2012] KEHC 2492 (KLR) (Judicial Review) (18 September 2012) (Judgment)
✦ The limitation that denies the right of Muslim girls to manifest their religion by wearing a hijab in school was reasonable and justifiable.
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CLEMENT ARAP RONO & 3 OTHERS V ELISHA CHUMO & 2 OTHERS [2012] KEHC 1296 (KLR)
✦ The appeal is dismissed. The learned resident magistrate's ruling is upheld.
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OMAR KOMBO V REPUBLIC (Criminal Appeal 133 of 2011) [2012] KEHC 5858 (KLR) (18 September 2012) (Judgment)
✦ The appeal has no merit regarding the conviction, but the sentence is reduced to 4 years for Count 1 and 2 years for Count 2, to run concurrently.