Kenyan case law
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Sacdep Kenya v Everlyn Ijai [2014] KEHC 8302 (KLR)
✦ The trial court erred in finding that the Personnel Policies and Procedures was the applicable document for calculating the Respondent’s terminal dues. The internal memo was a binding document that constituted part of the terms and conditions of service of the Appellant's employees, including the Respondent.
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Isaack Ndegwa Kimaru & 2 others v Republic [2014] KEHC 8419 (KLR)
✦ The court found the circumstantial evidence sufficient to support the conviction and the doctrine of recent possession was properly applied.
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Rosslyn Development Limited v Bidco Oil Refineries Limited [2014] KEHC 1278 (KLR)
✦ The court granted the application and ordered the stay of execution of the warrants of attachment and sale, the release of the attached goods to the defendant, and a stay of the inter-parte hearing.
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Nicholas Nzioka Ndambuki v Director of Public Prosecutions & another [2014] KEHC 1903 (KLR)
✦ The application is dismissed. The criminal proceedings in the Lower Court shall not be stayed.
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Lucy Kanyua v Dorismakena [2014] KEHC 2649 (KLR)
✦ The court finds the applicant's current application is res judicata and upholds the preliminary objection.
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Nakuru County Human Rights Network (NAHURINET) v Nakuru County Government & another [2014] KEHC 2081 (KLR)
✦ The Petition is found to be premature and incompetent, and is struck out.
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Kiriiro Muketha Kaanja v Kaibiru Kirumba [2014] KEHC 257 (KLR)
✦ The High Court has no jurisdiction to hear appeals which had not been concluded by the defunct Provincial Appeals Committees.
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Nakuru Water & Sanitation Services v Board of Trustees, Agricultural Society of Kenya (Nakuru) [2014] KEHC 37 (KLR)
✦ The suit is dismissed with costs to the defendant and the plaintiff bears the costs of the application.
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Erick Wanyonyi Henry v Republic [2014] KEHC 2579 (KLR)
✦ The appeal is dismissed in its entirety.
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Republic v Kenya Revenue Authority ex-parte Amsco Kenya Limited [2014] KEHC 2733 (KLR)
✦ The court quashed the demand notice and ordered the unsealing of the applicant's premises.
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Republic v Kenya National Examinations Council & another; Ithibu (Ex parte) (Judicial Review 147 of 2013) [2014] KEHC 8265 (KLR) (Judicial Review) (7 October 2014) (Judgment)
✦ An order of mandamus is issued to compel KNEC to recall the Applicant’s KCSE certificate No. 1855399 issued in the name of Ithibu Andrew Mbugua and replace the said certificate with one in the name of Audrey Mbugua Ithibu. The replacement certificate shall be without a gender mark. This should be done within 45 days from the date of this judgement and will be subject to payment of a reasonable fee, if necessary, by the Applicant.
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Esbon Sifuna Mukwana v Alfred Barasa Mateo & 2 others [2014] KEHC 2226 (KLR)
✦ The application is dismissed with costs.
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Mwatec Enterprises Limited v Equatorial Commercial Bank Limited [2014] KEHC 1987 (KLR)
✦ The court finds that the Plaintiff has made a prima facie case regarding the service of the Statutory Notice and the Notification of Sale, and restrains the Defendant from selling the property by public auction or otherwise.
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Republic v Chairman, Kanduyi Land Disputes Tribunal Exparte Erick Barasa Wanyonyi & another [2014] KEHC 2520 (KLR)
✦ The motion is merited as the Kanduyi Land Disputes Tribunal exceeded its mandate by awarding land to Nicasio Simiyu Muse.
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Dickson Opola Okumu v Tom Odhiambo Odari & another [2014] KEHC 2363 (KLR)
✦ The court allows the application for review and orders the earlier application to be argued afresh.
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Benard Ojwang Auma v Alice Owuyo [2014] KEHC 2362 (KLR)
✦ The Plaintiff is granted prayers (d) and (e) in his plaint which are also stated at paragraph 3 of this judgment.
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Michael Odera v Commissioner of Lands & 2 others [2014] KEHC 2357 (KLR)
✦ The application is dismissed with costs as the order is lacking in clarity and the applicant falls short of demonstrating contempt of court beyond a balance of probabilities.
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Patrick Ongoya Webo & 4 others v Redemptor Nasike Simati & 3 others [2014] KEHC 1877 (KLR)
✦ The application to set aside the exparte proceedings of 19th June 2014 is granted, with costs awarded to the defendant and thrown away costs to be paid by the plaintiffs.
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Cornel Oduor Amam v Dan Odhiambo Ogwany [2014] KEHC 2312 (KLR)
✦ The application is allowed with costs to abide the outcome of the main suit.
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Wilson Waithaka Gitau v Kenya Winston Company Limited [2014] KEHC 2530 (KLR)
✦ The court finds that the Applicant, Joseph Kimata Wachira, is a necessary party in the suit as he is the purchaser for value of the suit property and has brought evidence of a sale agreement and a caveat.
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Daniel Njagi Mwai & another v Jenniffer Wanjiku John [2014] KEHC 65 (KLR)
✦ The appeal is dismissed with costs to the respondent.
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JK (Suing on behalf of CK) v Board of Directors of Rusinga School & another (Petition 450 of 2014) [2014] KEHC 7490 (KLR) (Constitutional and Human Rights) (7 October 2014) (Judgment)
✦ The court held that the school's code of conduct was not discriminatory and did not violate the right to education or culture.
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Jayantilal S. Shah & another v Nyaboke G. Onsongo & 2 others [2014] KEHC 31 (KLR)
✦ The plaintiff's suit is dismissed with costs to be borne by the plaintiff.
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Micah Tonui v William Cheruiyot Kirui [2014] KEHC 13 (KLR)
✦ The court grants the application for temporary stay of execution of decree and release of motor vehicle registration KAW 126H Toyota Station Wagon on condition that the applicant deposits half the decretal sum in court within 30 days, deposits the motor vehicle log book in court, and the auctioneer's costs abide the outcome of the appeal.
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Richard Ngetich & another v Francis Vozena Kidiga [2014] KEHC 74 (KLR)
✦ Appeal cannot be dismissed for want of prosecution as directions have not been taken.