Kenyan case law
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CALEB MAKORI ARASA V REPUBLIC [2012] KEHC 2073 (KLR)
✦ The court quashed the conviction and set aside the sentence of 15 years imprisonment
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APA INSURANCE LIMITED V DAVID OKIKI AMAYO [2012] KEHC 2290 (KLR)
✦ The court granted the order of stay of execution on condition that the applicant deposits the entire sum of Kshs. 318,064/= into an interest-earning account to be opened at a mutually agreed bank and operated by the advocates of the two parties.
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PETER MOSE AYUGE V JULIUS MACHENGE MASESE [2012] KEHC 2278 (KLR)
✦ The application is allowed, and the Deputy Registrar is authorized to sign transfer forms in relation to the property LR No. B/B/Boburia/1272.
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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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ROSALIA MONGINA MWEBI V MAUREEN KEMUNTO MIRUKA [2012] KEHC 2091 (KLR)
✦ The court allows the chamber summons and orders that Maureen Kemunto Miruka be restrained from trespassing on the suit land until the main case is heard and determined.
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REPUBLIC V RIANA MAGINA LAND DISPUTES TRIBUNAL EX-PARTE CONSOLATA ANYANGO OJUOK [2012] KEHC 2205 (KLR)
✦ The court found the tribunal's decision ultra vires and allowed the ex parte applicant's application for certiorari.
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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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CHARLES OMBUI OMBWORI V EQUITY BANK LIMITED & ANOTHER [2012] KEHC 2192 (KLR)
✦ The trial court lacked jurisdiction to deal with the application for contempt and the application was incompetent.
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REPUBLIC V DENNIS MGUTE KAFANI [2012] KEHC 5810 (KLR)
✦ The court finds that the defense was ready to plead on the first appearance and that the basis for a second psychiatric examination is not established.
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REPUBLIC v THE REGISTRAR OF TITLES, MOMBASA & 2 others Exparte EMFIL LIMITED [2012] KEHC 5503 (KLR)
✦ The court ruled that the right to access to court under Article 40(3)(b)(ii) of the Constitution in situations of compulsory acquisition of property contemplates a hearing. The court directed that the issues of the Applicant's title to the suit property and the payment of compensation under Article 40 of the Constitution be determined on the basis of the pleadings filed by the Applicant and affidavit evidence to be filed by the Respondent.
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CHRISTINE MWENDE & ANOTHER V NICHOLAS KOPY KATANA KARISA & 10 OTHERS [2012] KEHC 2173 (KLR)
✦ The plaintiffs' amendment is necessary for the determination of the suit and will be allowed with costs to the defendants.
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MWATA MWACHINGA MWAZIGE V REPUBLIC [2012] KEHC 5956 (KLR)
✦ The appeal is dismissed, and the sentence of death is set aside. The Appellant is held at the President's pleasure.
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KENYA POWER & LIGHTING COMPANY LIMITED V JARED OUMA OWUOCHA [2012] KEHC 1018 (KLR)
✦ The appeal is dismissed on all grounds except on ground 3 of the Memorandum of Appeal. The judgment and decree of the trial magistrate is sustained save that the award of Kshs.10,000/= general damages is set aside as the same was neither pleaded nor proved.
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JAMES AMOS ONYINA V PERSILLA ADHIAMBO OLANGO & 4 OTHERS [2012] KEHC 1036 (KLR)
✦ The application is dismissed with costs to the plaintiff and the 4th respondent.
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REPUBLIC V CHAIRPERSON BUSINESS PREMISES RENT TRIBUNAL AT NAIROBI (D. MOCHACHE) EX-PARTE KENYA SAFARI LODGES & HOTELS LIMITED [2012] KEHC 5835 (KLR)
✦ The motion is dismissed with costs
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C.J.K v S.O.O [2012] KEHC 2504 (KLR)
✦ The Plaintiff is entitled to the suit property MN/1/10827 at Mombasa in its entirety and the Defendant's share in the property is held upon trust for the Plaintiff.
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MARGIT SOMMER CHARO v ISAAC NJUGUNA NJOROGE [2012] KEHC 5775 (KLR)
✦ The court grants an injunction restraining the Defendant from entering, occupying, trespassing, and dealing with the suit properties.
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MEDICAL PRACTITIONERS AND DENTIST V DISTRICT MEDICAL OFFICER OF HEALTH KIAMBU EAST DISTRICT [2012] KEHC 849 (KLR)
✦ The application is dismissed with costs in the cause.
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DAVID KIEMA MBITHUKA v ALICE KEMUNTO KENGERE [2012] KEHC 5773 (KLR)
✦ The mandatory injunction is upheld, and the appeal is dismissed.
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HEWET VOSENA KESUSA V REPUBLIC (Miscellaneous Criminal Appeal 160 of 2011) [2012] KEHC 2303 (KLR) (5 September 2012) (Ruling)
✦ The application for bail pending appeal is allowed, and the appellant is released on bond of Kshs 300,000/= with one surety of a similar amount pending the hearing and determination of his appeal.
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ENOCK CHIRCHIR KATAM & 2 others v WILLIAM MAIYO & another (Civil Case 69 of 2006) [2012] KEHC 1387 (KLR) (5 September 2012)
✦ The court held that the defendant did not breach the contract and that the plaintiffs are not entitled to damages or other remedies.
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SHIAWASE LIMITED & another v PIANESI GINO [2012] KEHC 5451 (KLR)
✦ The plaintiff's suit is struck out with costs.
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JOSEPH KHAMAISI & 2 others v CHARLES OKUMU [2012] KEHC 1381 (KLR)
✦ The preliminary objection is overruled, and the application for transfer is granted.
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KIPRONO KIBOGY & ANOTHER V ANDREW KIPTOO [2012] KEHC 1393 (KLR)
✦ The court granted the plaintiffs' application for a permanent injunction restraining the defendant from interfering with the plaintiffs' rights as registered owners of the suit land.
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CHARTER HOUSE INVESTMENT V SIMON K. SANG & 6 OTHERS [2012] KEHC 2307 (KLR)
✦ The plaintiff's suit is not frivolous, vexatious, or an abuse of the process of the court. The application to strike out the amended plaint is dismissed. The plaintiff's suit is not dismissed for want of prosecution.