Kenyan case law
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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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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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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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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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Republic v Kenya Revenue Authority & 2 others; Patel (Ex parte) (Miscellaneous Application (JR) 186 of 2013) [2013] KEHC 6528 (KLR) (Judicial Review) (30 August 2013) (Judgment)
✦ The court dismissed the application, finding that the KRA's actions were within its statutory mandate and that the applicant's personal liability for the cheques was not established.
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Delroy Lee Reid v Attorney General & 2 others [2013] KEHC 6655 (KLR)
✦ The court will not review the decision to deny the petitioner's visa extension, as it is not within the court's jurisdiction to do so.
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Loise Njoki Kariuki v Bendricon Wamboka Waswa & another [2013] KEHC 6560 (KLR)
✦ The court found that an accident occurred as pleaded by the Plaintiff, but the 1st Defendant did not testify and the court could not determine the cause of the accident.
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In re Estate of Elijah Dolfus Nyaseme (Deceased) [2013] KEHC 2461 (KLR)
✦ The applications are dismissed. The petition for full grant is ordered to be gazetted. The applicant is allowed to file objections and cross-application after the petition is gazetted.
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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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Nelson Omolo Achola v George Omondi Ajwala [2013] KEHC 6601 (KLR)
✦ The court grants a temporary prohibitory injunction against the defendant to restrain him from entering, trespassing onto, making bricks, cultivating, building structures, interfering with, or dealing with the suit property. The court declines to grant a temporary mandatory injunction.
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Kenya Ports Authority v Edward Katuu & 3o others [2013] KEHC 2526 (KLR)
✦ The Court dismissed the appeal and upheld the interim injunctions issued by the Chief Magistrate's Court.
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Mama Mikes online Co.Ltd & another v Tassia Coffee Estates Ltd [2013] KEHC 6543 (KLR)
✦ The Landlord is committed to civil jail for six months for contempt of court.
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Andama v Andayi & 2 others (Election Petition 8 of 2013) [2013] KEHC 2530 (KLR) (29 August 2013) (Judgment)
✦ The election petition is hereby dismissed
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Charles Asikowa Okolo v Benjamin Nyamumbo Oonge & another [2013] KEHC 2229 (KLR)
✦ The Plaintiff's suit against the second and third Defendant is hereby dismissed with costs to the second and third Defendants. The Plaintiff is entitled to refund of his Kshs. 7,360,000 from the first Defendant.
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Msabaha Investment Limited v Odon Kalman Maria Cuppen & another [2013] KEHC 2464 (KLR)
✦ The non-filing of annual returns by the Plaintiff at the time of filing the suit is an irregularity that is not fatal to the suit.
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Republic v Chairman Kanduyi Land Disputes Tribunal Ex-Parte Abcolom Kisutia Masibo & Another [2013] KEHC 2487 (KLR)
✦ I do not grant prayer 1 of the application. I will also not grant prayer (2) as deeming a matter closed is not a mandate of this court but by operation of law.
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Kellen Karimi Nduma Ndambiri & another v Hon Attorney General & 2 others [2013] KEHC 6529 (KLR)
✦ The interlocutory judgment entered against the 3rd defendant on 2nd April 2012 is set aside.
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Africa Management Communication International Limited v Joseph Mathenge Mugo & another [2013] KEHC 7019 (KLR)
✦ The 1st Defendant was found to be aware of the temporary injunction and his actions did not amount to a breach of the order.
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Republic v Chairman Kimilili L.D Tribunal Ex-Parte Shem Nalianya Sibitali Interested Party Wensilous Malaba Siakora (Miscellaneous Application 290 of 2005) [2013] KEHC 2471 (KLR) (29 August 2013) (Judgment)
✦ The court allows the application and sets aside the decision of the Land Disputes Tribunal, quashing the proceedings, decision, and award. The court orders that each party shall bear their own costs.
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John Rukenya Kabugua v Daniel Gituku Muindo (t/a Sannex Auctioneers & 5 others [2013] KEHC 6542 (KLR)
✦ The application for temporary injunction is dismissed with costs to the Defendants. Any interim orders in place are hereby vacated.
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Petronilla N. Makokha v Evans Wafula Wepukhulu [2013] KEHC 2473 (KLR)
✦ The application for review is declined due to the new evidence being over 12 years old and not executed, and the court cannot sit on appeal to change its finding.
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Republic v Chairman Amukura LDT Ex-parte Joseph Emodo Ikomol & another [2013] KEHC 2498 (KLR)
✦ The decision of the Amukura Land Disputes Tribunal is quashed for having been given in excess of jurisdiction.
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Christopher Kanai Kamau v Hon Attorney General & 3 others [2013] KEHC 2405 (KLR)
✦ The Chamber Summons application is allowed, and the applicant is entitled to costs.
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Mary Wanjira Njiru v Julia Muthanje Njiru [2013] KEHC 2516 (KLR)
✦ The application is dismissed with costs