Kenyan case law
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SAMUEL NDUNGU MACHARIA v REPUBLIC [2006] KEHC 2413 (KLR)
✦ The appeal is allowed, conviction quashed, and sentence set aside. The appellant shall be set free unless otherwise lawfully held.
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David Munyei & 3 others v Ronald Barasa [2006] KEHC 2277 (KLR)
✦ The court finds that the fourth defendant was not vicariously liable for the acts of the first, second, and third defendants. The court upholds the finding of liability for the first, second, and third defendants but dismisses the appeal of the fourth defendant.
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National Bank of Kenya v Joab Henery Onyango Omino [2006] KEHC 2446 (KLR)
✦ The injunction order is varied, and the defendant is ordered to pay KShs. 5 million within 45 days. If not paid, the injunction order will be vacated.
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Amrut Investments Limited v Sobhag H Shah & another [2006] KEHC 2457 (KLR)
✦ The court dismissed the plaintiff's suit for non-compliance with the order to provide security for costs.
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Family Health International v Jackson Musita Asira [2006] KEHC 2352 (KLR)
✦ The appellant's driver was found negligent, and the motor vehicle belonged to the appellant. The award of Kshs 100,000/= is upheld.
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Kenya Pipeline Company Limited v Nyamongo & Nyamongo Advocates [2006] KEHC 2651 (KLR)
✦ The ex parte orders of 26th October, 2005 are set aside, and the defendant's costs in the application shall be borne by the plaintiff.
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E.A.T.E. C v WILLIAM ODERA [2006] KEHC 2255 (KLR)
✦ The appeal is dismissed with costs as the consent order should not be reviewed or set aside
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Joseph Kinya Kahungu & another v Republic [2006] KEHC 2464 (KLR)
✦ Convictions of both appellants are upheld
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Alcon Holdings Ltd v Delphis Bank Limited & another [2006] KEHC 2490 (KLR)
✦ The Plaintiff is ordered to set the suit down for hearing within 14 days from today, otherwise the suit will stand dismissed.
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F.T.M v J.O.O (Divorce Cause 27 of 2005) [2006] KEHC 2291 (KLR) (Family) (25 May 2006) (Order)
✦ Proceedings of 25th May, 2006 are struck out from the court record. A fresh date is set for hearing the petition as a defended cause. The petition will be heard by any other Judge in the Family Division except the presiding judge.
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Mosoto otwoli v Mokua Otwori alias Richard Monari Meroka [2006] KEHC 50 (KLR)
✦ The application is dismissed as the court cannot grant prayers not sought and the applicant's application does not pray to reinstate the dismissed application for hearing.
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JOSEPH KWERI MBURU v COLLINS MUTURI MWAI [2006] KEHC 2459 (KLR)
✦ The court finds that the Defendant has not disobeyed the court order and has not been proved to have done the acts complained of with a view to defeating the order of the court. The proceedings fail, and the application is dismissed with costs to the Defendant.
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KANTAI & CO. ADVOCATES v KENYA BUS SERVICES LTD [2006] KEHC 2460 (KLR)
✦ Judgment is entered in favor of the applicant for the sum of Kshs.71,108/80.
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BONIFACE MURIITHI NYAGA & another v Republic [2006] KEHC 2482 (KLR)
✦ The appeals are allowed, convictions are quashed, and sentences are set aside.
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In Re the Estate of Joseph Mbaria Kiambati (Deceased) [2006] KEHC 2358 (KLR)
✦ The application is granted, and Jonathan Kiambati is appointed as the legal representative of Doris Wanjiru Chege and Richard Karanja Kiambati for the purposes of the suit.
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AYUB NDUNGU v MARION WAITHERA GACHERU [2006] KEHC 2461 (KLR)
✦ The court held that the Sale Agreement did not give rise to a legal interest capable of conferring a legal right over the suit property to the Defendant.
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ABEL GITHAIGA MUTHONI v REPUBLIC [2006] KEHC 2480 (KLR)
✦ There was sufficient evidence to support the conviction, and the sentence of 3 years imprisonment was not excessive. The sentence shall be on each limb of the charge and run concurrently.
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JOHN HARUN MWAU v STANDARD LIMITED & 2 others [2006] KEHC 1234 (KLR)
✦ The Amended Chamber Summons application is dismissed with costs to the Defendants.
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ELEGANT FREIGHTERS v ORIENTAL COMMERCIAL BANK (FORMERLY DELPHIS BANK LTD) [2006] KEHC 2447 (KLR)
✦ The court allowed the amendments but dismissed the application to enjoin the transferor.
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DAVID KAMOTHO THIONGO v REPUBLIC (Criminal Appeal 492 of 2004) [2006] KEHC 2470 (KLR) (Crim) (24 May 2006) (Judgment)
✦ The proceedings were declared null and the conviction and sentence set aside. The appellant was ordered to be set at liberty.
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LUKA NJARARUHI KAMAU v THOMAS NGURO MUNGAI [2006] KEHC 2475 (KLR)
✦ The court upholds the lower court's judgment that the suit was founded on the Sale Agreement, which was time-barred at the time it was filed.
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ROBERT MUNGAI NYAMBURA v REPUBLIC [2006] KEHC 2471 (KLR)
✦ The Appellant was convicted of robbery with violence and sentenced to four years imprisonment. The appeal on sentence is dismissed.
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ATHUMAN MATANO v MOHAMED ATHUMAN ALI TONDOO [2006] KEHC 2324 (KLR)
✦ Appeal allowed, judgment of the Senior Resident Magistrate set aside, suit dismissed
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Olive Bett Chepchumba v Republic [2006] KEHC 2469 (KLR)
✦ The appeal is allowed, the conviction and sentence are set aside, and the appellant is ordered to be released forthwith.
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EASTERN PRODUCE (K) LIMITED (KAITET ESTATE) v JOSEPH LEMISO OSUKU [2006] KEHC 2486 (KLR)
✦ The appeal is allowed. The judgment and decree of the trial court are set aside. The respondent's suit against the company is dismissed with costs.