Kenyan case law
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DALMAS OJWANG ODENY v SOUTH NYANZA SUGAR COMPANY LIMITED [2012] KEHC 1028 (KLR)
✦ The appeal is dismissed with no order as to costs.
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DAVID MWANGI MUIRURI V CHIEF MAGISTRATE\'S COURT, MALINDI & ANOTHER [2012] KEHC 1057 (KLR)
✦ Petitioner's applications for disqualification are dismissed. Costs are awarded to the plaintiff. Appeal is granted with a stay of proceedings.
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DAVID MWANGI MUIRURI V CHIEF MAGISTRATE'S COURT, MALINDI & ANOTHER [2012] KEHC 2212 (KLR)
✦ Petitioner's applications for disqualification are dismissed. Costs in HCCC 27 of 2012 are awarded to the plaintiff. The chamber summons dated 7th December, 2011 will be heard on 11th October, 2012. The applicant is granted a seven-day stay of proceedings pending formal application.
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IN RE THE MATTER OF SAMSON SAPEI OLE MAITAI [2012] KEHC 5812 (KLR)
✦ The Hon. Attorney General's decision to criminally prosecute the applicants is quashed and the applicants are prohibited from further proceedings in the criminal case
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M’MUGAMBI M\'MUGWIKA V CHARITY MPINDA M\'MUGWIKA [2012] KEHC 1944 (KLR)
✦ Grant of letters of Administration intestate is valid, Objector's objection dismissed, estate to be distributed as suggested by Petitioner
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ELVINAH MNYAZI KAHUGU V JOHN DZUYA SIMEON & ANOTHER [2012] KEHC 5816 (KLR)
✦ The court upheld the protestors' argument that the estate should be distributed equally among the beneficiaries, with each receiving 4 hectares.
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REGINA PACIS UNIVERSITY COLLEGE THROUGH THE BOARD OF TRUSTEES & ANOTHER V WILLIAM CHARLES FRYDA [2012] KEHC 5822 (KLR)
✦ The court maintains the status quo and directs that the status quo be maintained as this is the only way the suit property will be preserved. The file will be placed before the Resident Judge Nakuru for appropriate directions.
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JOHN HARI GAKINYA T/A HARI GAKINYA & CO. ADV V CHIEF MAGISTRATE NAIVASHA LAW COURTS [2012] KEHC 5836 (KLR)
✦ The court directs that the two files be forwarded to Nakuru High Court for perusal and further directions within 21 days from today
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M’MUGAMBI M\\\'MUGWIKA V CHARITY MPINDA M\\\'MUGWIKA [2012] KEHC 1724 (KLR)
✦ Estate should be distributed as per Petitioner's suggestion, no order as to costs.
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SAMUEL O. TIMA & another v HOUSING FINANCE COMPANY OF KENYA & another [2012] KEHC 599 (KLR)
✦ The injunction order is discharged and the rental income from the suit premises is held in a joint interest earning account to be opened by the parties' advocates.
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EQUITY BANK LIMITED V STEPHEN K. KANGETHE T/A DALALI TRADERS & 2 OTHERS [2012] KEHC 820 (KLR)
✦ The court grants the interlocutory injunction, but with considerable doubts regarding the probative value of the evidence.
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MARTIN CHERUIYOT KIPTOO V JENIFFER CHEPKEMOI & ANOTHER [2012] KEHC 5830 (KLR)
✦ The 1st defendant does not have the legal capacity to dispose off the property belonging to the deceased's estate.
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REPUBLIC v MSAMBWENI LAND DISPUTE TRIBUNAL [2012] KEHC 5805 (KLR)
✦ The Court granted the orders of certiorari and prohibition.
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DILSHAD AMANULLA SUBEDAR v DIAMOND TRUST BANK LTD & another [2012] KEHC 594 (KLR)
✦ The application is hereby dismissed with costs.
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RUTH TAPUTANY V WILLIAM KIPLANGAT SIGILAI [2012] KEHC 5801 (KLR)
✦ The grant of letters of administration made and confirmed on 16th June 2006 must be revoked
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M’MUGAMBI M\\\'MUGWIKA V CHARITY MPINDA M\\\'MUGWIKA [2012] KEHC 1741 (KLR)
✦ Estate should be distributed as per Petitioner's suggestion, no order as to costs.
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RONGAI WORKSHOP & TRANSPORT LIMITED v WANDALI LIMITED [2012] KEHC 597 (KLR)
✦ The application is dismissed. The Defendant’s written statement of defence is not struck out, and summary judgment is not granted.
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NANG MAGUI & another v THE DIRECTOR OF PUBLIC PROSECUTIONS [2012] KEHC 5798 (KLR)
✦ The court found the proceedings improper and ordered the record of the proceedings to be called for and appropriate orders to be made.
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ASHFORD MURIUKI MUGWUKU T/A ASHORDS & CO. ADVOCATES V NANCY WANJA GATABAKI [2012] KEHC 89 (KLR)
✦ The court directs the advocates of the parties to immediately contact the Garnishee bank to clarify the details of the joint interest-bearing account and to transfer the Shs. 75 million into the account without any further delay.
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ABDI HASSAN v REPUBLIC [2012] KEHC 5786 (KLR)
✦ The appellant's appeal is dismissed. The sentence of seven years imprisonment is upheld.
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NOLLY K. MUSANGO V PETER ODANGA & ANOTHER [2012] KEHC 5803 (KLR)
✦ The court finds that the High Court has jurisdiction to proceed with the matter as the boundaries have been determined by the Land Registrar and the 1st Defendant did not appeal.
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DAVID MUNGAI KINYANJUI & 2 OTHERS V ATTORNEY GENERAL [2012] KEHC 1926 (KLR)
✦ The arrest and charge were without reasonable cause, and the plaintiffs suffered loss and damage.
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REPUBLIC V KENYENYA DISTRICT LAND DISPUTES TRIBUNAL & 2 OTHERS EX PARTE NYAKWAMA NYAMOSI [2012] KEHC 2209 (KLR)
✦ The court quashes the decision of the 1st Respondent and prohibits the 1st and 2nd Respondents and the Interested Party from adopting and implementing the said orders.
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Suleiman v Judicial Service Commission & another (Civil Suit 73 of 2003) [2012] KEHC 2267 (KLR) (7 September 2012) (Judgment)
✦ The plaintiff's dismissal was unlawful, arbitrary, and null and void. The plaintiff is entitled to reinstatement and accrued salaries and pension. The plaintiff's prosecution was not malicious.
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PATRICK NGOKA CHACHA V STATE [2012] KEHC 2123 (KLR)
✦ The appeal is dismissed on both conviction and sentence.