Kenyan case law
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EPHANTUS MUTURI GITHINJI v REPUBLIC [2009] eKLR… [2009] KEHC 3116 (KLR)
✦ The conviction is upheld, and the sentence is affirmed.
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REPUBLIC v DICKSON NZIOKA NDOLO & another [2009] KEHC 2654 (KLR)
✦ The accused are acquitted
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REPUBLIC v MUNICIPAL COUNCIL OF EMBU & 2 others [2009] KEHC 2870 (KLR)
✦ The notice of motion is dismissed with costs to the respondents.
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REPUBLIC v DICKSON NZIOKA NDOLO & GEOFFREY NTHIWA KIMANI (Criminal Case 45 of 2008) [2009] KEHC 2652 (KLR) (2 July 2009) (Ruling)
✦ The accused persons are acquitted and ordered to be released.
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KIPKEBE LIMITED V JAMES ONDIMA NYAMBEGERA [2009] KEHC 2566 (KLR)
✦ The appeal is allowed, and the judgment of the trial court is set aside. The respondent's suit is dismissed with costs.
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THOMAS NGUTA KYANGO v AUSTINE MWONGELA MWEA (Civil Appeal 26 of 2009) [2009] KEHC 2598 (KLR) (1 July 2009) (Ruling)
✦ The application for a stay of execution is granted on condition that the appellant deposits the entire decretal sum within 21 days, failure to which execution may proceed.
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PETER KAGOTHO GITAU v STATUTORY MANAGER, UNITED INSURANCE CO. LTD & 5 others [2009] KEHC 3249 (KLR)
✦ Leave is granted to file judicial review proceedings for mandamus and certiorari, with a stay of execution in the civil suit pending the filing of the Notice of Motion.
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RODGERS OKOTH v REPUBLIC [2009] KEHC 3169 (KLR)
✦ The court is inclined to allow the application for bail.
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JAMES OYUGI MANGLA v BARCLAYS BANK LTD [2009] KEHC 3379 (KLR)
✦ The court dismisses the plaintiff's application for an injunction to temporarily stay the sale of the properties, finding no merit in the application and no good faith in the plaintiff's actions.
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KENYA BUREAU OF STANDARDS v LUNGA LUNGA TIMBER MART LIMITED (Civil Suit 331 of 2009) [2009] KEHC 1448 (KLR) (1 July 2009) (Order)
✦ The court postponed the hearing and ordered the Plaintiff to serve the whole process through the court process server by July 3, 2009, and the Defendant to file and serve a replying affidavit by July 8, 2009.
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REPUBLIC v HUDSON WATIMA & 4 others & another [2009] KEHC 2846 (KLR)
✦ The application for judicial review is struck out with costs to the interested party due to the application being filed out of time without leave.
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PURBAI GOPAL RAMJI PATEL v ASSET RECOVERY CO. LTD & another [2009] KEHC 3047 (KLR)
✦ The application for temporary injunction is dismissed with costs. The sum of Kshs.100,000/= that was deposited in a joint interest earning account by the plaintiff is released to the 1st defendant to defray the costs of the advertisement of the public auction.
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CENTUARY OIL TRADING CO. LTD V GERALD M. MWANIKI & another [2009] KEHC 3044 (KLR)
✦ The application is dismissed with costs to the plaintiff as it was made by a stranger to the proceedings and supported by an incompetent affidavit.
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REPUBLIC v GLADYS KAMENE NZOMO, SAMMY DANIEL KIKONGO & DENIS MUSYOKI KIVAYA (Criminal Case 84 of 2004) [2009] KEHC 3344 (KLR) (1 July 2009) (Ruling)
✦ All accused persons have a case to answer and are put on their individual defences.
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CHARLES KOIMUR v RICHARD CHEROGOI ARAP SANG [2009] KEHC 2840 (KLR)
✦ The High Court dismissed the suit for want of prosecution.
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BEATRICE MUTUO NZIRU v JOHN MISYILI IKULI & another [2009] KEHC 3361 (KLR)
✦ The Application is dismissed with costs to the Respondents
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WINFRED WAMBUI KINGORI V PARAMOUNT UNIVERSAL BANK LTD & 2 OTHERS [2009] KEHC 3036 (KLR)
✦ Plaintiff's application for injunction is dismissed, and the sale of the suit property to defendants is upheld
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DANIEL KALOKI KIOKO & ANOTHER V WILLY MUASYA KIOKO [2009] KEHC 2722 (KLR)
✦ The suit is struck off without any order as to costs and parties should file a claim before the Co-operative Societies Tribunal subject to limitation, if at all.
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PRIMROSE PROPERTIES LTD v LESLIE MUTURI & 2 others [2009] KEHC 3194 (KLR)
✦ The 1st and 2nd defendants are liable to pay the outstanding amount of Kshs.3,826,504/= to the plaintiff.
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SHAURI KENGA MUME & 3 others v REPUBLIC [2009] KEHC 1577 (KLR)
✦ The conviction is quashed and sentence set aside due to the reliability issues and the circumstances surrounding the identification.
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REPUBLIC v CHAIRMAN, GICHUGU LAND DISPUTE TRIBUNAL [2009] KEHC 2869 (KLR)
✦ The ex-parte applicant's motion is allowed, the award of the Gichugu Land Disputes Tribunal is removed into this court and quashed
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LAW SOCIETY OF KENYA v ATTORNEY-GENERAL [2009] KEHC 3486 (KLR)
✦ The Court made corrections to the petition judgment as per the typographical errors identified
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REPUBLIC v ARAFAT DAUDI [2009] KEHC 1794 (KLR)
✦ The court found that the prosecution had made a prima facie case and the accused had a case to answer, and he should prepare his defence case.
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M S A v P K A [2009] KEHC 3407 (KLR)
✦ The plaintiff is authorized to have and keep custody of the child until he attains the age of eighteen, with the defendant granted unrestricted visitation rights.
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ELIJAH KIMURU KATHOKORO V CHARITY NJOKI MUCHIRA & 5 OTHERS (Children Miscellaneous Application 165 of 2006) [2009] KEHC 2211 (KLR) (1 July 2009) (Ruling)
✦ The application is dismissed with costs to the ex-parte applicant