Kenyan case law
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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.
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REPUBLIC v MIRIAM ATIENO [2010] KEHC 2123 (KLR)
✦ The accused is hereby put on her defence.
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DAVID KARIUKI KARINGO v STEPHEN MUTURI NJERU [2010] KEHC 2796 (KLR)
✦ The inhibition should not be lifted as lifting it would leave the Respondent without redress if the appeal succeeds.
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MUTHURI ITHINJI RAARIA v KENNETH MWENDA KIMATHI & 2 others [2010] KEHC 2843 (KLR)
✦ The preliminary objection is well taken and the Notice of Motion is dismissed with costs to the respondent.
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PARKLANDS SHADE HOTEL LTD T/A KLUB HOUSE TWO V JOYCE WANJIKU MBAKA [2010] KEHC 3079 (KLR)
✦ The trial magistrate erred in expunging the appellant's appearance and defence, and the appeal is allowed. The ex-parte judgment and all consequential orders are set aside, and the appellant is ordered to file a defence within 15 days.
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JOHN GICHOHI JOSHUA & ANOTHER v REPUBLIC [2010] KEHC 2508 (KLR)
✦ The sentences were neither excessive nor illegal, and the appeal is dismissed.
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JULIUS KIRUMA KARIUKI v KAMAU MWANGI & 3OTHERS [2010] KEHC 2432 (KLR)
✦ The summons is dismissed with costs to the plaintiff. The motion for eviction is allowed as prayed with costs.
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JOHN NDUNGU THUMBI & 3 others v REPUBLIC [2010] KEHC 2571 (KLR)
✦ The convictions and sentence are upheld.
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JOHN MWENDO KISUI v REPUBLIC [2010] KEHC 1923 (KLR)
✦ The sentence of 30 years imprisonment is set aside and substituted with a term of imprisonment of 14 years with hard labour.
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DANIEL KIOGORA MUGAMBI V SESARI GATOBU M’MUGAMBI [2010] KEHC 2679 (KLR)
✦ The grant issued and confirmed on 21st January 1998 and rectified on 28th May 2002 is hereby revoked.
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ONESMUS KABERIA v SILAS RWITO [2010] KEHC 2701 (KLR)
✦ The lower court judgment is set aside and the suit is dismissed.
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LUCY GAKANYI KIREMA v ANISIA KAGWIRIA MUNGANIA [2010] KEHC 2557 (KLR)
✦ The respondent did not prove that the appellant uttered the words alleged, and her reputation was not affected by the quarrel between them.
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MUTHOGA GATURU & CO. ADVOCATE v GABRIEL WAWERU WANJOHI T/A MOUNTAIN ROCK HOTEL [2010] KEHC 2135 (KLR)
✦ The application is allowed with costs in terms of prayer 1 of the Notice of Motion dated 13th July, 2006.
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JUSTUS WAHOME CHOMBA v REPUBLIC [2010] KEHC 2522 (KLR)
✦ The conviction and sentence are quashed and set aside
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C.C.M. MITUNE NURSERY SCHOOL v REGISTERED TRUSTEES P.C.E.A. MITUNE CHURCH [2010] KEHC 2457 (KLR)
✦ The plaintiff is restrained from starting a primary school or interfering with the defendant's property on the suit property until the case is heard on June 29, 2010.
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KAPURCHAND DEPAR SHAH v KASTURI LIMITED [2010] KEHC 2500 (KLR)
✦ The court finds the lease agreement operates as a contract and the plaintiff is entitled to vacant possession. The defendant is not entitled to a refund for renovations.
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EMMANUEL MUGENDI JOHN V REPUBLIC [2010] KEHC 2129 (KLR)
✦ The sentence is set aside and the accused is set at liberty, with the suspension of the driving license remaining in force.
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CHARLES KINOTI M’MUKINDIA V GEORGE KITHINJI MUKINDIA & OTHERS [2010] KEHC 2683 (KLR)
✦ The life interest of Gakii M’Mukindia M’Arachi should be divided equally between her sons, Charles Kinoti M’Mukindia and George Kithinji M’Mukindia.
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MUTHURI ITHINJI RAARIA v KENNETH MWENDA KIMATHI & TWO OTHERS [2010] KEHC 2347 (KLR)
✦ The appellant's application is res judicata and dismissed with costs.
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NGUGI KIMANI & Nine Others v COMMISSIONER OF LANDS & Five Others [2010] KEHC 2215 (KLR)
✦ Plaintiffs' application is dismissed with costs, and defendants' application is allowed.
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REPUBLIC v ELECTORAL COMMISSION OF KENYA & another Ex-parte JAMES MACHARIA KANYI [2010] KEHC 1883 (KLR)
✦ The court dismissed the application, finding that the applicant's right to judicial review was not available to challenge the Electoral Commission's decision and that the proper forum for challenging the election results was through an election petition.
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[2010] KEHC 2655 (KLR)
✦ The suit will be fixed for hearing, and the Plaintiff will bear the costs of the application.
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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 172 (KLR)
✦ The court grants the orders sought, extending the time for registration of the charge for a period of 30 days.
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Margaret Anindo t/a Igare Auctioneers v Harambee Sacco Society Limited & another [2010] KEHC 2608 (KLR)
✦ The court grants leave to file an appeal but denies the prayer for stay of execution.
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In Re The Matter of H.W. (Subject) [2010] KEHC 2128 (KLR)
✦ The court allowed the Originating Summons and ordered the adoption, appointing R.N as the guardian ad litem.