Kenyan case law
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SAFEPAK LIMITED v MALPLAST INDUSTRIES LIMITED [2008] KEHC 2332 (KLR)
✦ The court held that there was no evidence to prove that Bijesh Shah was in contempt of court, and thus dismissed the application with costs.
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ELLY KIPKURUI MUTAI v REPUBLIC [2008] KEHC 3027 (KLR)
✦ The conviction and sentence are quashed due to the illegal prosecution and sentence.
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PETER OTIENO OPOLLO v BOARD OF GOVERNORS , KISUMU POLYTECHNIC COLLEGE [2005] [2008] KEHC 2501 (KLR)
✦ The court found that the defendant had indeed failed to provide the necessary facilities and resources to the plaintiff for his studies.
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COSMAS KANJA MBUTETI v JACKSON MURAGE & 3 others [2008] KEHC 2309 (KLR)
✦ The appeal is dismissed.
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EAST AFRICAN ENGINEERING CONSULTANTS v MUNICIPAL COUNCIL OF KISUMU [2008] KEHC 2871 (KLR)
✦ The order of May 23, 2007 is set aside. The outstanding decretal sum shall be determined with simple interest, and if unpaid within 30 days, the Town Clerk may be committed to civil jail.
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BHUPINDER SINGH BHANGRA v JOEL TUWEI KOECH [2008] KEHC 2827 (KLR)
✦ The Court of Appeal upholds the trial court's finding of liability and the quantum of damages awarded.
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REGISTERED TRUSTEES OF SIRI GURU SINGH OWNERS OF KHALSA GIRLS & BOYS SOUTH C v NAIROBI CITY COUNCIL & 2 others [2008] KEHC 2552 (KLR)
✦ The court dismissed the application for an interlocutory injunction, finding that the plaintiff failed to establish a prima facie case and that the erection of a perimeter wall does not infringe the plaintiff's rights.
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KAGUANJAI BUILDERS LIMTED & another v MATIC CONTRACTORS LIMITED & 2 others [2008] KEHC 2564 (KLR)
✦ The court granted the application for leave to amend the defense and transferred the suit to the Civil Division or the Land and Environmental Law Division of the High Court of Kenya.
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KENYA RAILWAYS CORPORATION & 2 others v MAMUSU ENTERPRISES LIMITED & 3 others [2008] KEHC 2820 (KLR)
✦ The suit against the 3rd and 4th Defendants is dismissed with costs, and the suit against the 1st and 2nd Defendants is also dismissed with costs.
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ERICK O. ODINDO v NATIONAL BANK OF KENYA LIMITED & 2 OTHERS [2008] KEHC 2542 (KLR)
✦ The plaintiff established a prima facie case for an interlocutory injunction, but the new evidence does not persuade the court to review the ruling.
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PEPONI VALLEY LIMITED v NATIONAL INDUSTRIAL CREDIT BANK LTD [2008] [2008] KEHC 4031 (KLR)
✦ The plaintiff established a prima facie case to enable the court grant the interlocutory injunction sought.
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REPUBLIC v MIRIAM NJOKI WANGU [2008] KEHC 3383 (KLR)
✦ The Court of Appeal held that the accused's constitutional rights were violated, and she is hereby acquitted of the charge of murder.
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JULIA OPONDO OKERE v ONYANGO OLOO T/A ANYANGO OLOO & CO. ADVOCATES [2008] KEHC 1895 (KLR)
✦ The respondent is liable to pay the applicant the sums received on her behalf
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N THE MATTER OF AN APPLICATION BY GREGORY KARUNGO NG’ETHE FOR JUDICIIAL REIVEW ORDERS OF CERTIORARI, PROHIBITION & IN THE MATTER OF CRIMINAL CASE NO. 1043 OF 2006 MALINDI [2008] KEHC 40 (KLR)
✦ The application is allowed, and the ex-parte applicant is acquitted of the charges. The court orders the refund of the cash bail and prohibits the court from dealing with the case.
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REPUBLIC v JOHN NJOKA MUCHIRA [2008] KEHC 3331 (KLR)
✦ The court finds that the prosecution failed to provide a reasonable explanation for the delay in bringing the accused before court, and acquits the accused.
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REPUBLIC v PETER WANYOIKE WAINAINA [2008] KEHC 3381 (KLR)
✦ The court finds that the accused's constitutional rights were violated and proceeds to acquit him of the charge of murder.
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In Re Alexander Werimo Rupia (Deceased) [2008] KEHC 1731 (KLR)
✦ The court resolves to make orders for parties to file and serve a proposal for distribution within 30 days and to file and serve witness evidence affidavits within 30 days.
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SALIM ALI AL-ASAD v NAIROBI HOSPITAL LTD [2008] KEHC 3174 (KLR)
✦ The plaintiff's application for discovery is dismissed with costs.
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Kenya Railways Corporation & 2 Others v Mamusu Enterprises Limited & 3 Others [2008] KEHC 3189 (KLR)
✦ The court held that the suit and application are not without foundation, and the plaintiffs have locus standi.
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RAPHAEL MUTHIANI MAITHYA v SIMON NZIOKI MWANZIA [2008] KEHC 2413 (KLR)
✦ The appeal against liability is dismissed, and the award of Kshs.350,000/= as general damages is upheld.
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BENARD BIFWOLI v SIMON WETUNDU & 2 OTHERS [2008] KEHC 1939 (KLR)
✦ Defamation award of Ksh.500,000
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REPUBLIC v JOSEPH WAMBURA [2008] KEHC 3382 (KLR)
✦ The court finds that the accused's constitutional rights were violated and acquits him of the charge of murder.
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AHMED ABDALLA MOHAMED v REPUBLIC [2008] [2008] KEHC 2533 (KLR)
✦ The conviction is quashed and the sentence set aside. The appellant is set free.
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NJERU NDWIGA & another v TARATISIA MARIGU NDWIGA & 2 others [2008] KEHC 2296 (KLR)
✦ The land parcel Kagaari/Kigaa/1759 shall be shared by all parties in equal portions but so that each party shall be in the portion already developed by himself.
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KALUME MUMBU DERI & another v FUNDI WANJE & another [2008] KEHC 2842 (KLR)
✦ The suit is res judicata and an abuse of the process of the court, and is struck out with costs to the defendants.