Kenyan case law
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NANDI TEA ESTATES LIMITEDV MUSA WEISIA SONGA [2012] KEHC 1273 (KLR)
✦ The appeal is dismissed. The judgment and decree of the learned trial magistrate are upheld.
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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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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.
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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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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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NYAUNDI TUIYOO & COMPANY ADVOCATES v TARITA DEVELOPMENT LIMITED [2012] KEHC 1385 (KLR)
✦ The application is allowed in terms of prayers 1 and 2, and the applicant shall pay the respondent's costs.
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REPUBLIC V CHARO KAZUNGU SALIMU & ANOTHER [2012] KEHC 5945 (KLR)
✦ Both accused persons are directed to give their defence to the charge of murder.
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REGISTERED TRUSTEES GOSPEL OF GOD CHURCH V MOSES KAMUNDI & 5 OTHERS [2012] KEHC 2427 (KLR)
✦ The court granted the application and restrained the 1st to 5th Defendants/Respondents from using the name 'GOSPEL OF GOD CHURCHES INTERNATIONAL' and interfering with their properties.
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JOHN GIKONYO T/A GARAM INVESTMENT V GEORGE GAITI T/A URAFIKI TOURS AND SAFARIS [2012] KEHC 5808 (KLR)
✦ The appeal is dismissed with costs to the Respondent.
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MABACHA INVESTMENTS LIMITED v CITY COUNCIL OF NAIROBI [2012] KEHC 5811 (KLR)
✦ The plaintiff’s application for interlocutory injunction is dismissed. The status quo is maintained pending an appeal to the Local Liaison Committee under section 13 of the Physical Planning Act or a further appeal to the National Liaison Committee under section 15 of the Act.
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JAYNE MATI V ATTORNEY GENERAL & 2 OTHERS [2012] KEHC 5838 (KLR)
✦ The Speaker of the National Assembly is struck out as a party to the suit.
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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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REPUBLIC v THE CHAIRMAN, BUSINESS PREMISES RENT TRIBUNAL Exparte VELJI PREMCHAND SHAH [2012] KEHC 2425 (KLR)
✦ The Tribunal acted without jurisdiction in granting the ex-parte injunction and is therefore amenable to a certiorari order. The Tribunal can issue orders to preserve a tenancy, but not an ex-parte injunction.
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JOSEPH MUYA NJURU V STEPHEN NJOROGE KUNDA & 3 OTHERS [2012] KEHC 5831 (KLR)
✦ The application is dismissed with costs to the respondents. The mandatory orders seeking the removal of the respondents are not allowed due to the continuous possession of the land by the 1st respondent.
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PETER WANYONYI V REPUBLIC [2012] KEHC 2365 (KLR)
✦ The appeal succeeds, and the sentence of one year imprisonment is set aside. The Appellant shall pay a fine of Ksh.20,000/= in default to serve 6 months imprisonment.
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REPUBLIC V CHAIRMAN MT. ELGON LAND DISPUTES TRIBUNAL JAMES KIKECH EX-PARTE DAVID MWENCHER CHONGWONY [2012] KEHC 1931 (KLR)
✦ The proceedings and decision of the Respondent were a nullity and are quashed
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REPUBLIC V THE CHAIRMAN KANDUYI LAND DISPUTES TRIBUNAL EX-PARTE SAUL WEKESA NYONGESA & ANOTHER [2012] KEHC 2334 (KLR)
✦ The proceedings and award are nullified and quashed by order of Certiorari due to lack of jurisdiction under the Land Disputes Act.
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ABDULRAHMAN AHMED ABDALLA & 3 others v UHURU KENYATTA & another [2012] KEHC 2462 (KLR)
✦ We declare that the 1st respondent as a state officer is disqualified from holding a political party post. We declare that the Secretary General of KANU has no power under the Constitution of KANU to call for a National Governing Council, National Executive Committee or National Delegates Conference other than as directed by the National Chairman of KANU.
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REPUBLIC v LEONARD MWANGALA MWAKALE [2012] KEHC 2200 (KLR)
✦ The accused is found guilty of Manslaughter contrary to Section 202 of the Penal Code
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PETER MWANGI THUMBI V TEACHERS SERVICE COMMISSION [2012] KEHC 2390 (KLR)
✦ The dismissal was unlawful and the Appellant is declared not to have been dismissed from service
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NOAH WAFULA WANJALA V DAVID SIFUNA WAKHUNGU [2012] KEHC 2388 (KLR)
✦ The application for stay is dismissed with costs.
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REPUBLIC v KENYA REVENUE AUTHORITY EXPARTE ALLTEX EPZ LIMITED [2012] KEHC 2319 (KLR)
✦ The court dismisses the matter and orders the applicant to show evidence of the bond being in force before the court.
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KENYA SHOE & LEATHER WORKERS UNION v NAIROBI TANNERS LTD [2012] KEHC 33 (KLR)
✦ The termination of Moses Simiyu was unfair
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AHMED OSMAN AYUB BACHANI T/A AVISZ DRIVING SCHOOL V TANDEM INVESTMENT LIMITED [2012] KEHC 2004 (KLR)
✦ Application for stay of execution dismissed with costs
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REGINA WANJIKU & ANOTHER V KANJU TRADING LTD & ANOTHER [2012] KEHC 5809 (KLR)
✦ The court reverses the lower court's findings and awards total damages of Ksh.1,609,300/- with interest.