Kenyan case law
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Nasser Ahmed T/A Airtime Business Solutions v Celtel Kenya Limited [2008] KEHC 2554 (KLR)
✦ The court dismissed the plaintiff's application for an injunction and ordered the plaintiff to return to the defendant certain assets that were availed to him during the subsistence of the business relationship.
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JAMES NGUGI KAGWI v REPUBLIC [2008] KEHC 2203 (KLR)
✦ The conviction is quashed and the appellant is set at liberty
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ASILA MOHAMED ADAN v ITLAF SYED [2008] KEHC 2140 (KLR)
✦ The court granted the interim injunction restraining the defendant from evicting the plaintiff or interfering with the plaintiff's possession of the property pending the hearing and determination of the suit.
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JOHN KOYI WALUKE v MOSES MASIKA WETANGULA & 2 others [2008] KEHC 2491 (KLR)
✦ The 1st respondent was properly served by alternative service, and the application to strike out the petition is dismissed.
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CARNATION PLANTS LIMITED v VIRGINIA MBITHE NYAMAI [2008] KEHC 2565 (KLR)
✦ The application to set aside the dismissal is incompetently before the Court and is struck out with costs to the Respondent.
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PETER NJERU GATIMU v THE HON. ATTORNEY GENERAL [2008] KEHC 3847 (KLR)
✦ The appellant's suit was statute barred as it was filed outside the 3-year period provided by the Public Authorities Limitations Act.
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DELKAN ENTERPRISES LTD v MASAKU COUNTRY COUNCIL [2008] KEHC 2409 (KLR)
✦ The order of review is granted, and the Plaintiff is obligated to deposit Kshs. 90,000 into court, and the motor vehicles are released unconditionally.
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Rapheal Ogongo Akumu v Republic [2008] KEHC 2811 (KLR)
✦ The conviction and sentence are quashed and the case is remanded for a re-trial at the Chief Magistrate's Court in Kisumu.
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PUT SARAJEVO CONSTRUCTION LTD v MARIKO WANDUGU ODERA [2008] KEHC 2442 (KLR)
✦ The applicant failed to demonstrate substantial loss and did not deposit the decretal sum as security, thus losing the application with costs.
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Republic v Peter Mwangi Thiaka [2008] KEHC 2469 (KLR)
✦ The court finds that the accused's constitutional rights were violated due to the unexplained delay in bringing him to court, and therefore acquits him of the charge.
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Anju Chanandin v Jahanagir Alaudin Chanandin & 3 others [2008] KEHC 2715 (KLR)
✦ The preliminary objection is dismissed as the issue of jurisdiction is not proved with crystal clarity.
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Alpha Knits Ltd v Wycliffe Wanjala Manyonge [2002] [2008] KEHC 2502 (KLR)
✦ The court dismisses the appeal for want of prosecution and orders the Deputy Registrar to issue notices in accordance with Order XLI Rule 31(2) of the Civil Procedure Rules.
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Magnate Ventures Limited & another v City Council of Nairobi & another [2008] KEHC 2184 (KLR)
✦ The application is an abuse of the court process and the Applicants are not entitled to leave to commence Judicial Review proceedings.
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REPUBLIC v LUCAS MONO CHINYESI [2008] KEHC 2257 (KLR)
✦ The court found that the accused was brought to court within the 14-day period mandated by the Constitution and denied the preliminary objection.
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MARGA GROUNSTRA v BAYA ABRAHAM WANJE [2008] KEHC 2558 (KLR)
✦ The court upheld the temporary injunction and ordered the defendant to refund the balance of the account.
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REPUBLIC v JAMES MWANGI GICHUKI,CHARLES CHEGE GICHUKI, DENIS WAMBUI ALIAS NGANDAVI,MARGARET WANGECHI GICHUKI (ACCUSED) [2007] [2008] KEHC 3851 (KLR)
✦ The accused are acquitted of the charges due to the violation of their constitutional rights and the prosecution's failure to provide a satisfactory explanation for the delay.
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REPUBLIC v AMOS KARUGA KARATU (Criminal Case 12 of 2006) [2008] KEHC 2543 (KLR) (26 May 2008)
✦ The accused is acquitted due to the violation of constitutional rights and the delay in bringing him to court.
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REPUBLIC v AMOS KARUGA KARATU [2008] KEHC 2817 (KLR)
✦ The accused is acquitted due to the violation of constitutional rights and the delay in bringing him to court.
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DAVID MUNYIRI KIMURE v REPUBLIC [2008] KEHC 2719 (KLR)
✦ The application for bail pending appeal is granted
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ANTONY MUTURA NJAU v SIMON NJAU and DENNIS ERNEST NJUGUNA (Minors suing through the next of friend) FLORENCE WAMBUI NUGUNA [2008] KEHC 2432 (KLR)
✦ Appellant's application for stay of execution of judgment is dismissed.
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JOSEPH MBUGUA WAWERU & another v REPUBLIC [2008] KEHC 3828 (KLR)
✦ The court declines to order for consolidation of all cases but allows consolidation of Criminal Case 1002/05 and 1053/05 and all files involving first and second applicant jointly for purposes of bail application.
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RUA MWARUWA V REPUBLIC [2008] KEHC 128 (KLR)
✦ The court sets aside the sentence of five years imprisonment and substitutes a sentence of imprisonment for the period already served.
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NATIONAL BANK OF KENYA LTD v JOHN G. MURAYA [2008] KEHC 2329 (KLR)
✦ The application is dismissed with costs to the Respondent.
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AGAPIO NYAGA v JOHANA SHATSAMA LIPOSHE [2008] KEHC 136 (KLR)
✦ The court finds the 1st defendant negligent and orders the 1st defendant to pay special damages, general damages, pain and suffering, costs, and interest. The court dismisses the claim against the 2nd defendant due to statutory immunity.
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REPUBLIC v JUDICIAL COMMISSION OF INQUIRY INTO THE GOLDENBERG AFFAIRS: HON MR JUSTICE OF APPEAL S.E.O. BOSIRE, MR NZAMBA KITONGA, AND PETER LE PELLEY S.C. [2008] KEHC 2628 (KLR)
✦ The court allows the amendments to the Statement and Notice of Motion, finding that the amendments are necessary to meet the ends of justice and to avoid prejudicing the other party.