Kenyan case law
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Duncan Gichuhi Mwaturi v Republic [2013] KEHC 170 (KLR)
✦ The conviction for the offence of rape is unsafe.
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In re Estate of Stephen Ngure Mbuthia (Deceased) [2013] KEHC 6565 (KLR)
✦ Nyandarua/Ol'Joro-Orok West/887 shall remain the property of Beatrice Wanja Ngure, while Mutitu/Ngoru Block 2/19 shall remain the property of Lilian Wanja Ngure.
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Johnson Otieno Adera v Paul Odera Okode [2013] KEHC 2328 (KLR)
✦ The temporary mandatory injunction is denied. The defendant is restrained from having any dealing with the portion of the suit property which is not under his occupation pending the hearing and determination of the suit.
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John Mwenja Ngumba & another v National Industrial Credit Bank Limited (NIC) & another [2013] KEHC 7021 (KLR)
✦ The court finds the Mortgage Instrument valid and upholds the 1st Defendant's Statutory Power of Sale. The Plaintiffs' claim for a temporary injunction is dismissed.
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Kakuta Maimai Hamisi v Peris Pesi Tobiko, Independent Electoral & Boundaries Commission & Returning Officer Kajiado East Constituency (Election Petition 5 of 2013) [2013] KEHC 127 (KLR) (Civ) (30 August 2013) (Judgment)
✦ The court found that the election was conducted in accordance with the Constitution and the Elections Act, and the results were accurate. The court did not find any grounds to nullify the election.
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Godfrey Masaba v IEBC,Madahana Mbaya & Reginalda Nakhumicha (Petition 8 of 2013) [2013] KEHC 2476 (KLR) (30 August 2013) (Ruling)
✦ The court caps the total costs payable to the respondents at Kshs.700,000/=. The 3rd respondent shall receive a maximum of Kshs.400,000/= while the 1st and 2nd respondents shall have a maximum of Kshs.200,000/=. The interested parties, namely Catherine Wambiliangah and Moses Wetangula shall have their costs of defending the application for costs capped at Kshs.50,000/=. The petition is struck out.
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Laset Limited v Kenya Commercial Bank Limited & another [2013] KEHC 2438 (KLR)
✦ The court granted an interim injunction restraining the Defendants from alienating, advertising for sale, offering for sale, selling, taking possession of, leasing, transferring, charging or otherwise interfering with the suit premises.
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In-Re Estate Of Catherine Mwihaki Munuhe (Deceased) [2013] KEHC 6569 (KLR)
✦ The matter will be determined in a full trial
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Nixon Mwai Kimiti v Lydia Waithera Muchiri & another [2013] KEHC 6586 (KLR)
✦ The court finds that the applicant’s Notice of Motion is merited and allows the injunction restraining the defendants from interfering with the applicant’s possession of the property and the mandatory injunction to remove any implements, tools and materials from the suit property.
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Kipae Ole Kanunka v Joseph Tiarikat [2013] KEHC 2323 (KLR)
✦ The court dismisses the plaintiff's application for a temporary injunction and orders that neither party shall cut down trees on the disputed property or on the property occupied by the defendant.
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Lornby Holdings Limited v Celina Wambui Kigwe & 4 others [2013] KEHC 6574 (KLR)
✦ The court declines to make a substantive ruling and directs the parties to resolve the issue of the division that should be properly seized of the matter.
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In Re the Estate of Macharia Ndirangu (Deceased) (Succession Cause 573 of 1998) [2013] KEHC 6562 (KLR) (Family) (30 August 2013) (Ruling)
✦ Esther Wanjiku Macharia is appointed as personal representative of the estate. A grant of letters of administration with the will annexed shall be made to her. Mercy Wanjiku Mwangi cannot replace Junius Mwangi Macharia as beneficiary and must apply for representation to the estate of Junius Mwangi Macharia.
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Ayuma & 11 others (Suing on their own Behalf and on Behalf of Muthurwa Residents) v Registered Trustees of the Kenya Railways Staff Retirement Benefits Scheme & 2 others; Kothari (Interested Party) (Petition 65 of 2010) [2013] KEHC 6003 (KLR) (Constitutional and Human Rights) (30 August 2013) (Judgment)
✦ The 1st and 2nd respondents are public bodies and owe the petitioners a guarantee of fundamental human rights and freedoms.
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Republic v Commissioner of Lands as Trustee for Various Government Ministries through Attorney General Ex-Parte City Council of Nairobi [2013] KEHC 6527 (KLR)
✦ The ex-parte applicant's application for an order of mandamus is dismissed as the City Council has not provided a court record demonstrating the existence of a decree.
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In Re The of Estate Of Henry Mungai Muikamba (Deceased) [2013] KEHC 6573 (KLR)
✦ The grant will be rectified to include Ndungu Kamoni Mungai as administrator to represent his mother's side of the family in the administration of the estate.
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In Re The of Estate Of Joseph Muturi Kuria – (Deceased) [2013] KEHC 6572 (KLR)
✦ The application is postponed and the administrators are required to file a further affidavit explaining the sale of Nyandarua/Ndemi/1402 and the nature of Nyandarua/Kaimbaga/Ext.73.
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Lucia Anyango Mon & another v George Odhiambo Odhiambo [2013] KEHC 2199 (KLR)
✦ The court denied the plaintiffs' application for a temporary injunction.
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M N W v W N M & 3 Others [2013] KEHC 6579 (KLR)
✦ The court has no jurisdiction to entertain the plaintiff's claim to divide matrimonial property during unbroken coverture.
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Republic v Manga Land Disputes Tribunal & 3 others [2013] KEHC 2332 (KLR)
✦ The 1st respondent had no jurisdiction to entertain the claim, and its decision was null and void.
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Boniface Muigai Wanjenga and 318 others v City Council of Nairobi & 7 others [2013] KEHC 6026 (KLR)
✦ The petitioners have not demonstrated a violation of their rights under Articles 28, 29, 40, and 46 of the Constitution, and are not entitled to any relief.
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James Singh Gitau(T/A Singh Gitau & Advocates) v National Bank Of Kenya Limited [2013] KEHC 7020 (KLR)
✦ The Plaintiff's Notice of Motion application is not merited and is hereby dismissed.
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In re CW (Minor) (Adoption Cause 97 of 2013) [2013] KEHC 2462 (KLR) (Family) (30 August 2013) (Ruling)
✦ The court held that adoption orders cannot be amended, and the court did not have discretion to determine the date of birth of the adopted child.
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Republic v Principal Magistrate at Kiambu Interested Party Wilfred Mburu Gachunga Exparte Francis Ngugi [2013] KEHC 6538 (KLR)
✦ The court declines to exercise the court's discretion in the applicant's favor and dismisses the Notice of Motion.
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Republic v National Environment Management Authority Ex-parte Dismas Mate & another [2013] 2013 [2013] KEHC 6531 (KLR)
✦ NEMA's failure to communicate findings on the EIA report and its actions in ordering closure and relocation of the school were unreasonable.
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Republic v Chairman Manga Land Disputes Tribunal & 3 others Ex-parte Mboga Aricha [2013] KEHC 2331 (KLR)
✦ The court finds no merit in the 2nd respondent's application and dismisses it with costs to the ex-parte applicant.