Kenyan case law
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Elizabeth Wangechi Mwai Suing as the Administrator of the Estate of Peter Mwai Mburati (Deceased) v Jamleck Mwangi Njoka & 3 others [2015] KEHC 2039 (KLR)
✦ The Court revives the suit and substitutes the deceased Peter Mburati with Elizabeth Mwai as the plaintiff
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Philip Tarakwai v Republic [2015] KEHC 1764 (KLR)
✦ The finding of the trial court that the accused was guilty but insane is quashed, and the related orders are set aside.
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Regina Kamanthe (Suing on behalf of the Estate of Boniface Muinde Nyamasyo (Deceased) v Esmond Bradley Martin [2015] KEHC 1475 (KLR)
✦ The court awards the Plaintiff Kshs.1,375,000 in total, including loss of dependency, pain and suffering, and loss of expectation of life.
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In re Estate of Charles Mungai Ngure (Deceased) [2015] KEHC 2034 (KLR)
✦ The grant of representation is revoked, and new administrators should be appointed to represent the three surviving families of the deceased.
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Intex Secretarial Bureau Ltd v Asha Ali Mansur & another [2015] KEHC 7851 (KLR)
✦ The Plaintiff/Applicant has failed to establish that it has a prima facie case with high chances of success at the main trial.
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E A A v L O O [2015] KEHC 1812 (KLR)
✦ The marriage is dissolved, and the respondent's cross-petition for division of matrimonial property is allowed.
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Republic v Principal Secretary Ministry of Lands & another Ex-Parte N.B. Fride Nilsson [2015] KEHC 7877 (KLR)
✦ The application for an order of mandamus is dismissed. An order of prohibition is issued directing the respondents not to allocate or alienate the parcel of land without giving a hearing to the applicant. The order is conditional on the land not having been allocated to a third party.
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Daniel Ouma Opondo v Republic [2015] KEHC 2165 (KLR)
✦ The court upheld the trial court's sentence of 15 years imprisonment, finding it within the law and lawful.
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M W v Republic [2015] KEHC 1998 (KLR)
✦ The appeal is dismissed. The conviction and sentence are upheld.
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Kenneth Mwaniki Njoroge v Republic [2015] KEHC 1798 (KLR)
✦ The application is dismissed with no orders as to costs.
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Benjamin Odiar Ahinda v Kenya Women Finance Trust (KWFT) Kakamega Regional Office [2015] KEHC 2139 (KLR)
✦ The order requiring the appellant to pay outstanding arrears and the order to sell the motor vehicle in default are set aside. The money deposited in court is released to the appellant.
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Philip Maingi Mueke v Republic [2015] KEHC 7798 (KLR)
✦ The appeal is dismissed. The conviction and sentence are upheld.
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Republic v George Mukanda [2015] KEHC 1682 (KLR)
✦ The court finds that there is no evidence to link the accused to the death of the deceased and therefore the accused is not guilty of murder.
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Republic v Harish Patel [2015] KEHC 1801 (KLR)
✦ The appeal is partially successful. The fine is reduced to Kshs. 300,000, and the excess of Kshs. 200,000 is refunded.
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Chrisotpher Kirubi v Ali Khan Muses [2015] KEHC 2366 (KLR)
✦ The application is dismissed as the applicant has not appealed the order allowing the respondent to demolish the wall and any structures built on the respondent's plot No 47. The applicant's prayer for the maintenance of the status quo is equivalent to asking for a stay of execution of the orders issued in respect of the application dated 11th August 2008. The remaining prayers are allowed, and the parties are directed to comply with Order 11 within 30 days of the delivery of this ruling.
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Abdi Haji Gulleid v Auto Selection (K) Ltd & another [2015] KEHC 2051 (KLR)
✦ The appellate court found the award of Kshs 300,000/= for general damages to be too low and set it aside.
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Joseph Otieno Oloo v Republic [2015] KEHC 2166 (KLR)
✦ The appeal is allowed, the sentence of 10 years imprisonment is set aside and substituted with a sentence of 4 years imprisonment for the period already served.
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Calbert Limited v Sandstorm Investment Ltd & Another [2015] KEHC 2320 (KLR)
✦ The court finds that a sum of 3 million shillings (ksh.3 million) is payable to the plaintiff as extra work due to the variation of the works. The total extra work amount is 5,880,000 shillings.
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Judith Magundho v Patrisia Akumu Apoli & 4 others [2015] KEHC 2327 (KLR)
✦ The Plaintiff/Applicant's application is struck out in its entirety, and the Plaintiff shall bear the costs.
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Joseph Kithinji M’itonga v Wilfred Mwirigi Gitonga [2015] KEHC 2059 (KLR)
✦ The petitioner is ordered to distribute to the interested party/applicant his entitlement in respect of the deceased's estate in accordance with the confirmed grant issued on 28th June 2004 within 30 days from the day of this ruling. The petitioner is also ordered to promptly and without undue delay execute all relevant documents to facilitate the transfer of the interested party's rightful share of 4 acres from Land Parcel No. Abogeta/U-Kithangari/691 in conformity with the confirmed grant.
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A N M v J W K [2015] KEHC 2191 (KLR)
✦ The plaintiff's notice of motion is dismissed. The plaintiff should no longer have access to the shop until the hearing and disposal of the originating summons.
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Moi University Staff Benevolent Fund v John Keya [2015] KEHC 1244 (KLR)
✦ The appeal is dismissed. The lower court’s judgment is upheld.
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M’anampiu M’mukindia v Francis M’ringera M’rimberia & 3 others [2015] KEHC 1237 (KLR)
✦ The application is allowed.
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In the Matter of the Estate of Kombo Mulinge [2015] KEHC 2062 (KLR)
✦ The grant is hereby revoked
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Aniket Property Investment Ltd v Hamadi Juma Mwakibibo & 8 others [2015] KEHC 2348 (KLR)
✦ The applicant is not a necessary party to the suit and the application is dismissed with costs.