Kenyan case law
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Nancy Musili v Joyce Mbete Katisi [2015] KEHC 2092 (KLR)
✦ Appellant's application for stay of execution of the interlocutory judgment is dismissed as it seeks to stay a judgment or decree not appealed against.
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Arte Abdi Wito v Republic [2015] KEHC 2643 (KLR)
✦ Petitioner's requests are denied as the trial and appeals were conducted before the new Constitution, and the jurisdiction of the High Court under Article 50(6) is limited.
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Aggrey Maula Malungu v Joseph Sanya Mwakavi [2015] KEHC 2030 (KLR)
✦ Appellant’s Notice of Motion is allowed with conditions
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Prisca Auma Misachi v County Assembly of Kisumu & 6 others [2015] KEHC 2358 (KLR)
✦ The principle of res judicata is applicable to Constitutional litigation.
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Stephen Ndumba Mukangu v Fredric Kinyuru Mukangu [2015] KEHC 1224 (KLR)
✦ The application for stay of proceedings in Meru Chief Magistrates Civil Case No. 55 of 2015 is denied. The application will be heard on a priority basis with an interpartes hearing scheduled for October 12, 2015.
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Auto Selection Kenya Ltd & another v Charity Wanja Kagiri [2015] KEHC 2082 (KLR)
✦ The Court will not determine the issue of liability but will re-evaluate the evidence and findings of the trial court.
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P K W v Republic [2015] KEHC 2583 (KLR)
✦ The appeal is allowed, conviction and sentence quashed, appellant set at liberty
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A J W v Republic [2015] KEHC 2347 (KLR)
✦ The court finds the appellant's age at the time of the incident was 17 years, not 21, and thus the conviction and sentence are in error.
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Anthony M Mulekyo Advocates v Estate of John Mbithi Masika (Deceased) [2015] KEHC 7742 (KLR)
✦ The application is dismissed.
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Jevasia Mukwandiga Kiraithe & 3 others v Paul Kiraithe Mpiuki & 4 others [2015] KEHC 1256 (KLR)
✦ The suit is dismissed.
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Real Deals Limited & 3 Others v Kenya National Highways Authority & Another & another [2015] KEHC 1670 (KLR)
✦ The court held that the Kenya National Highways Authority and the Kenya Roads Board do not have the authority to levy charges for outdoor advertising and that the impugned action is not a source of revenue available to the fund.
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Rachel Wanjiru Mwangi v Wambui Kariru [2015] KEHC 1931 (KLR)
✦ The Court upholds the judgment of the Thika Law Courts and withdraws the warrant of arrest against Wambui Kariru. The application of 8th April, 2015 is dismissed.
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Jeremiah Mugambi v Kaingu Warehi Kalume [2015] KEHC 2337 (KLR)
✦ Application for extension of time is allowed
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Kimani Gecau v Official Receiver/Interim Liquidator Rural Urban Credit Finance Ltd (In Liquidation [2015] KEHC 575 (KLR)
✦ The application is dismissed with no orders as to costs, as the Respondent failed to attend court for submissions.
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Pembe Flours Mills v British American Insurance Company [2015] KEHC 7821 (KLR)
✦ The court finds that the Plaintiff has proved its case on a balance of probabilities and is entitled to the judgement as claimed in the Plaint, and as adjusted by evidence.
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Michael Mwongela Musomba v Magdalene Ndinda Raphael & 5 others [2015] KEHC 1920 (KLR)
✦ The criminal court is not in a position to determine the issue of ownership of the suit property, and the Applicant will be prejudiced if the criminal case is not stayed
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Republic v Gregory Ngunia Mwangi Alias Maina Mwangi [2015] KEHC 2616 (KLR)
✦ The judgment will be written by Hon. Mr Justice Wakiaga, who concluded the trial.
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D E N v P N N [2015] KEHC 1818 (KLR)
✦ The Court lacks jurisdiction to determine any issue regarding the dispute except enforcement and compliance of the Court of Appeal judgment and orders.
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Kenneth Mwenda v Julius Rimberia & another [2015] KEHC 1242 (KLR)
✦ The appeal will be admitted to hearing and the lower court's file will be availed for the appeal.
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M N N v B N M [2015] KEHC 1802 (KLR)
✦ The marriage between the Petitioner and the Respondent is dissolved.
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B G P v K B B [2015] KEHC 1979 (KLR)
✦ The respondent's application for review is dismissed with costs.
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Sichuan Huashi Enterprises Corporation East Africa Ltd v Landbankk Real Estate Investment Trust Ltd [2015] KEHC 1709 (KLR)
✦ A temporary injunction is granted to deposit the entire sum of the Bid Bond in an interest-earning account in the joint names of the parties within 7 days of the order.
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In re F F (Baby) [2015] KEHC 2227 (KLR)
✦ The court finds merit in the application and allows the two principal orders.
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Mark Kubai Kariuk & 5 others (suing on behalf of Deliverance Church of Kenya) v Japhet Noti Charo & 2 others [2015] KEHC 2548 (KLR)
✦ Instruction fees are reduced from Kshs.500,000 to Kshs.120,000
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Edwin Ng’ong’a K’ogwe v David Okoth & Michael Kadenge T/A Afrograins East Africa [2015] KEHC 7826 (KLR)
✦ The court granted the Plaintiff's application for summary judgment.