Kenyan case law
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SAMWEL MATOLO NGUTA & another v NDUNGU MWANGI NJUGUNA [2006] KEHC 2488 (KLR)
✦ Application dismissed with costs
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Juma Muchemi v Charles Waweru Gatonye t.a Waweru Gatonye & Company Advocates [2006] KEHC 2455 (KLR)
✦ The plaintiff's suit is frivolous and an abuse of the process of the court, and is hereby struck out with costs to the defendant.
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Peter Kamau Wanjiku v Republic [2006] KEHC 2468 (KLR)
✦ The conviction is quashed and the sentence set aside. The Appellant is ordered to be released.
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DAVID KINYANJUI NJUGUNA v NDETIKA RURAL SACCO SOCIETY LTD & another [2006] KEHC 2450 (KLR)
✦ The defendants are restrained from selling, disposing, alienating, transferring or interfering with the suit property until the substantive suit is heard and determined.
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Paul Mbeti & 4 others v Republic [2006] KEHC 2474 (KLR)
✦ The convictions of the appellants are quashed and they are set at liberty.
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Rongai Workshop Ltd v Kenblest Bakery Ltd [2006] KEHC 2101 (KLR)
✦ The decree amount, together with interest as of 23.5.06, be deposited in an interest earning account in the joint names of the parties' advocates within 30 days.
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John Kirika Kimani & Another v Hannah Njeri Ng’anga [2006] KEHC 2390 (KLR)
✦ The application for temporary restraining injunction and mandatory injunction is dismissed.
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Chogi’s Garage Limited v Attorney General [2006] KEHC 2454 (KLR)
✦ The plaintiff's application for a mandatory injunction against the government to release the vehicles is dismissed.
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David Muthee Mwangi v Republic [2006] KEHC 2472 (KLR)
✦ The sentence of seven years imprisonment is neither harsh nor excessive and is not severe enough to amount to a miscarriage of justice. The corporal punishment of six strokes of the cane is hereby dismissed.
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Peter Njoroge Gachie v Geoffrey Komu Mungai [2006] KEHC 3435 (KLR)
✦ The court held that the Land Disputes Committee had no jurisdiction to determine the issue of title, and the award was set aside.
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ABDUL KASSIM HASSANALI GULAMHUSSEIN KHALA v SOUTHERN CREDIT BANKING CORPORATION LTD [2006] KEHC 2279 (KLR)
✦ The court dismissed the preliminary objection.
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JAMES NJUGUNA MWANIKI v STANDARD CHARTERED BANK OF KENYA & 3 others [2006] KEHC 2448 (KLR)
✦ The plaintiff's suit should not be dismissed for want of prosecution. The defendants should be granted vacant possession of the suit property.
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MBARAK IDD MOHAMED v REPUBLIC [2006] KEHC 2301 (KLR)
✦ The appeal is allowed, conviction and sentence of death are quashed, and the appellant is ordered to be set free.
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MATHIAS N. OGAMA & another v JOSEPH BULUMA OGAMA [2006] KEHC 2034 (KLR)
✦ The court grants the application for a stay of execution on the magistrates' orders pending the hearing of the appeal.
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MANJI CHARANIA & another v MARGARET OMUTERE [2006] KEHC 2106 (KLR)
✦ The appeal is allowed, and the ex parte judgment is set aside. The original suit will be heard again before another magistrate. The parties are to continue holding the deposit as security until the finalization of the suit.
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NTHAKA LTD v NATIONAL SOCIAL SECURITY FUND [2006] KEHC 2257 (KLR)
✦ The court finds the eviction unlawful and the defendant is liable for the loss of goods and general damages. The plaintiff is awarded Shs. 103,792/= for the loss of goods and Shs. 250,000/= for general damages.
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REPUBLIC v GODFREY KABETU NYAMBURA & another [2006] KEHC 2485 (KLR)
✦ No evidence that either accused committed the murder, acquit each accused not guilty.
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REPUBLIC v ELIUD NJERU NYAGA [2006] KEHC 2484 (KLR)
✦ The court finds the accused guilty of murder and sentences him to death.
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REPUBLIC v CHAIRMAN NANDI HILLS DIVISION LAND DISPUTES TRIBUNAL & 3 others EX-PARTE ERNEST K. A. KIRIONGI [2006] KEHC 2478 (KLR)
✦ The Tribunal's decision is set aside as it exceeded its jurisdiction and the claim is to be litigated in civil courts.
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ABDALLA ALI ABDULRAHMAN v ALIYA APARTMENTS LTD [2006] KEHC 2313 (KLR)
✦ The application is allowed in terms of Prayer 2 on condition that the defendant pays the plaintiff agreed or taxed costs covering the period from the date of filing of the suit up to 9th June 2005 and costs of this application within 30 days from the date hereof. In default the application shall stand dismissed and execution shall proceed to its conclusion.
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JOHN MUMALI SHITABULE v REPUBLIC [2006] KEHC 1737 (KLR)
✦ The application is dismissed.
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GEORGE NDERITU NDUMIA & NG’ANG’A KAMITHI v NYAMBURA GITONGA (Civil Appeal Suit 120 of 2003) [2006] KEHC 2483 (KLR) (22 May 2006) (Judgment)
✦ The appeal is allowed to the extent of setting aside the award of Kshs.180,000/- in respect of loss of dependency. The judgment in favour of the Respondent is confirmed in the sum of Kshs.79,150/= for general damages and special damages.
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JOSEPH MACKENZIE v REPUBLIC [2006] KEHC 1742 (KLR)
✦ The case shall be remitted for a retrial due to the lack of proper interpretation of the charge and the appellant's constitutional right to a fair trial.
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In Re Alvik Prestige Limited (formerly Alvik Kenya Limited) [2006] KEHC 2247 (KLR)
✦ The purported sale and transfer by the Receivers of the assets of Alvik Prestige Limited by or under the Sale Agreement dated 9th March, 2004 is contrary to provision of Section 224 of the Companies Act and is therefore void.
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JOHN MUMALI SHITABOLE v REPUBLIC [2006] KEHC 1738 (KLR)
✦ The application is dismissed as the case was already determined and the applicant can only appeal if out of time.