Kenyan case law
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IN RE THE MATTER OF CO-OPERATIVE BANK OF KENYA LIMITED (“BANK”) v IN RE THE MATTER OF A CHARGE OVER L.R. NO. 209/6850 BY MIDLAND AUTOSERVICES LIMITED (“BORROWER”) [2010] KEHC 174 (KLR)
✦ The time for registration of the charge dated 8th February, 2010 over L.R. No. 209/6850 is extended for a period of 30 days from the date of the ruling.
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ATHUMAN SWALEH ATIK v REPUBLIC [2010] KEHC 2711 (KLR)
✦ The conviction is set aside due to the trial magistrate's error in invoking provisions of the Sexual Offences Act which had not come into operation at the time of the appellant's charge.
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PETER NYAGA V KITHINJI MURUGU MAGERE [2010] KEHC 3085 (KLR)
✦ The appellant was found 100% responsible for the accident and the trial magistrate's judgment on quantum is upheld.
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JOSEPH MBOGO MWANIKI v LUCY NJOKI NJUKI & ANOTHER [2010] KEHC 2799 (KLR)
✦ The court quashed the award of the Land Disputes Tribunal and the Judgment of the Court adopting the same.
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ABDUL ALI alias MAJID v REPUBLIC [2010] KEHC 2715 (KLR)
✦ The conviction and sentence are quashed due to procedural errors and the lack of evidence proving the case beyond reasonable doubt.
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REPUBLIC v HAMIDA DARA [2010] KEHC 2659 (KLR)
✦ Dara is convicted of murder
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J.O.D v REPUBLIC [2010] KEHC 2366 (KLR)
✦ The conviction is upheld but under Section 20(1) of the Sexual Offences Act, and the sentence is increased to life imprisonment.
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ELENAH MUEKE JOHN v JOSEPH MUTISO MACIRA [2010] KEHC 2806 (KLR)
✦ The appeal is allowed, and the judgment dated 27/2/2008 is set aside. Plot No. KAGAARI/KIGAA/1957 will be subdivided into two equal portions, each house to get 4 acres. The first house's share will be transferred to the petitioner, who will share it equally among her children. The other share will be registered in the name of the protestor Joseph Mutiso Muchira to distribute equally amongst his siblings. The money at Aembu Farmers Co-operative Society will be shared equally between the petitioner and the protestor for demarcation of the said plots.
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K.T v REPUBLIC [2010] KEHC 2710 (KLR)
✦ The conviction and sentence are upheld
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REPUBLIC v NYANDARUA NORTH (OL’JORO-OROK) LAND DIPSUTES TRIBUNAL & another Ex-parte PATRICK NDUNGU’U WAMHUGU [2010] KEHC 1875 (KLR)
✦ The court allows the application and quashes the decisions of the Tribunal and the Committee. The Applicant shall have the costs of the application against the 3rd Respondent.
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SULEIMAN KARUGA NJOROGE v HENRY AMAI & ANOTHER [2010] KEHC 2357 (KLR)
✦ The plaintiff is granted a perpetual injunction to restrain the second defendant from entering and subdividing the suit land. The first defendant will be evicted from the suit land within 30 days of service of the order, or the plaintiff will have the costs of the suit plus interest.
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DUNCAN WAITHAKA NDEGWA & another v SIGAL INVESTMENTS LIMITED [2010] KEHC 2913 (KLR)
✦ The court held that the Defendant is the registered proprietor of the land and that the Plaintiffs have not proven that they paid the agreement consideration for the part parcels of the land. The court dismissed the Plaintiffs' claims.
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ROSEMARY WANJIKU MURIITHI v GEORGE MAINA NDINWA [2010] KEHC 2802 (KLR)
✦ The court dismissed the Appellant's appeal and found that the land parcel No. 1939 belongs to the Respondent, George Maina Ndinwa, and the Appellant trespassed on the land.
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MAJOR (RTD) CHARLES NAULLE DIFFU V LINDA BROWN & 2 OTHERS [2010] KEHC 3069 (KLR)
✦ Conditional stay of eviction orders issued on 3rd March, 2010
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NJAGI M’TETU & ANOTHER v HON ATTONEY GENERAL & ANOTHER [2010] KEHC 2807 (KLR)
✦ The application fails to meet the threshold for Judicial Review and is dismissed with costs.
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REPUBLIC v ALEX INGALA LUKAKHA (Criminal Case 30 of 2005) [2010] KEHC 2122 (KLR) (12 May 2010) (Ruling)
✦ The accused has a case to answer as the prosecution has established a prima facie case.
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REPUBLIC v CHAIRMAN, KANDUYI DISPUTES TRIBUNAL [2010] KEHC 2763 (KLR)
✦ The firm of Omundi Bw’ Onchiri is not properly on record for failure to comply with the law. Their notice of appointment and grounds of objection are struck out with costs to the Ex-parte Applicant.
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KHALID AWADH LAABD v MUNICIPAL COUNCIL OF MSA [2010] KEHC 2585 (KLR)
✦ Application dismissed
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JANE WATHITHA v BERNARD NJAGI GITUI [2010] KEHC 2819 (KLR)
✦ The appeal is dismissed. The marriage is not dissolved, and the appellant is not ordered to vacate the respondent's land.
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PETER GEORGE WAITHAKA v FREDRICK GATERI MACHANGA [2010] KEHC 2786 (KLR)
✦ The application for extension of time is allowed with no order as to costs, and the appeal must be filed within 14 days.
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JOHN NGENE MUNIU v MINISTER FOR LOCAL GOVERNMENT & 3 others [2010] KEHC 1885 (KLR)
✦ The application is dismissed with costs to the respondent.
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PETER KARIUKI KAMAU v REPUBLIC [2010] KEHC 2424 (KLR)
✦ The conviction is quashed and the matter is remanded for retrial.
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PETER KARIUKI KAMAU v REPUBLIC [2010] KEHC 4091 (KLR)
✦ The conviction is quashed and the matter is remanded for retrial
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JAFFERSON MWAKIO & ANOTHER v REPUBLIC [2010] KEHC 2371 (KLR)
✦ The appeals are dismissed. The convictions and sentences for robbery with violence and rape are upheld. The sentence for attempted defilement of a girl is upheld.
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EMN v NWM [2010] KEHC 2811 (KLR)
✦ The court allows the divorce and orders that the marriage be dissolved with a decree nisi, and either party can apply for a decree absolute after 6 months. The court awards custody of the last born child, MNM, to the respondent. The petitioner is granted visitation rights.