Kenyan case law
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REPUBLIC v PERMANENT SECRETARY PROVINCIAL AND INTERNAL SECURITY [2006] KEHC 2130 (KLR)
✦ The application is dismissed with no order as to costs
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MECHANICAL ASEMBLY SYSTEMS (K) LTD v EVEREADY BATTERIES (K) LIMITED [2006] KEHC 2570 (KLR)
✦ The Defendant's application is defective and is hereby struck out with no orders to costs.
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Amina Mohamed & 7 others v Chief of Embakasi Location & 2 others [2006] KEHC 3335 (KLR)
✦ The ex parte orders are set aside, and the Interested Party is declared the rightful owner of the land. The Provincial Commissioner and Chief of Embakasi Location are allowed to proceed with the eviction of the petitioners.
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BETH WANJIRU KAMAU v SAVINGS & LOAN (K) LTD [2006] KEHC 2569 (KLR)
✦ The court dismissed the application and the suit, finding that the Plaintiff had no capacity to file the suit and that the application was premised on the wrong procedure.
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CHARLES MUSASIA KULALI v REPHA INDAKALA KULALI & 2 others [2006] KEHC 1927 (KLR)
✦ The application is allowed, and the Letters of Administration issued to Charles Musasia Kulali are revoked. The parcel of land is restored to the deceased's name, and all subsequent dealings are cancelled.
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DIOCESE OF KAKAMEGA TRUSTEES v DIOCESE OF KAKAMEGA TRUSTEES IKOLOMANI DIVISION & ANOTHER [2006] KEHC 1920 (KLR)
✦ The application fails and is hereby dismissed with costs to the Applicant.
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ELIUD I. MWENDA & 7 OTHERS v EGERTON UNIVERSITY [2006] KEHC 2444 (KLR)
✦ The court declares that the defendant's action of stopping payment of owner occupier house allowance to the plaintiffs between October 2001 and June 2003 was unlawful and/or irregular. The defendant should pay the plaintiffs all the arrears of the said allowances accrued over the said period together with interest thereon at court rates.
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Loise Limited v Michael Linck T/A Lincks to Better Health [2006] KEHC 2650 (KLR)
✦ The Court finds that the defendant is not a protected tenant under the lease and dismisses the plaintiff's application to set aside the interlocutory orders.
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Ward v Standard Ltd (Civil Case 1062 of 2005) [2006] KEHC 2628 (KLR) (Civ) (5 May 2006) (Ruling)
✦ The defendant's application to add Pravin Bowry as a 2nd defendant was allowed.
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IMAGE APPARELS LTD v FREIGHT IN TIME LIMITED (Miscellaneous Civil Application 1623 of 2005) [2006] KEHC 2616 (KLR) (Civ) (5 May 2006) (Ruling)
✦ The court dismissed the applicant's application for committal.
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Osman Abdi Ibo & another v Republic [2006] KEHC 2684 (KLR)
✦ The Appellants' conviction was not safe due to doubts in the evidence of identification, and the appeals are allowed.
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PETER MMINI SHAKA v JAMES SHAKA MARTIN [2006] KEHC 2000 (KLR)
✦ The Appeals Committee was not properly constituted and acted beyond its jurisdiction, and the decisions of both the Land Disputes Tribunal and the Appeals Committee are quashed.
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DAMARIS WAMBUI KANJA v APEX SECURITY SERVICES LIMITED [2006] KEHC 2613 (KLR)
✦ The court declares that the deceased's one share in the defendant company devolved to the plaintiff by operation of the law and orders the defendant company to register the deceased's share in the plaintiff's name.
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AMALGAMATED SAW MILLS LTD v DANIEL WAIRE GIKARURI [2006] KEHC 2188 (KLR)
✦ The appellant failed to provide a safe working environment, and the trial court's assessment of general damages was inordinately high. The court sets aside the award of Kshs.100,000 and substitutes it with Kshs.50,000.
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REPUBLIC v DIRECTOR OF CRIMINAL INVESTIGATIONS DEPARTMET & ANOTHER [2006] KEHC 2582 (KLR)
✦ The application to set aside the order for leave is dismissed. The order for leave shall remain in force.
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MARTHA KARUA v STANDARD LIMITED & ANOTHER [2006] KEHC 2617 (KLR)
✦ The court found the article to be defamatory and that the Defendants acted with malice.
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Kyalo Musyimi v Republic [2006] KEHC 2555 (KLR)
✦ Appellant's application for bail pending appeal is dismissed
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JULIUS GITONGA KIRIMA v REPUBLIC [2006] KEHC 2640 (KLR)
✦ The application for bail pending appeal is dismissed as the Appellant's appeal is on sentence only and his plea was not unequivocal.
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KENYA UNION OF EMPLOYEE OF VOLUNTARY ASSOCIATION TRADE UNIONS & ALLIED ORGANISATIONS v CENTRAL ORGANISATION OF TRADE UNIONS (KENYA) [2006] KEHC 2614 (KLR)
✦ The application is allowed, and the Applicant is at liberty to execute the judgment herein adopted and confirmed as per the Industrial Court award dated 20th February 2002.
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NIRAV AGENCIES LIMITED v PERMANENT SECRETARY IN CHARGE OF PROVINCIAL ADMINISTRATION & NATIONAL SECURITY OFFICE OF THE PRESIDENT & ANOTHER [2006] KEHC 2610 (KLR)
✦ Judgment is entered in favor of the plaintiff as prayed in the amended plaint.
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R M v J N M [2006] KEHC 3447 (KLR)
✦ Application dismissed, costs awarded to Respondent
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Catherine C Kitony v Jonathan Muindi Dome & 2 others [2006] KEHC 2693 (KLR)
✦ The application is dismissed as Kitony has failed to establish a prima facie case and the balance of convenience tilts in favor of Dome.
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FREDRICK KIRAITHE KAITHE v REPUBLIC [2006] KEHC 2632 (KLR)
✦ The conviction is quashed, the sentence set aside, and the appellant shall have a refund of the Ksh.10,000 fine
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DAIMA BANK LTD v PATRICK MWAU MUSIMBA [2006] KEHC 1594 (KLR)
✦ The judgment is regular and the defendant has not demonstrated a reasonable defence to the plaintiff's claim.
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JOHN NZIOKA MATIVO & ANOTHER v INDUSTRIAL COMMERCIAL DEVELOPMENT CORPORATION & ANOTHER [2006] KEHC 2668 (KLR)
✦ The application is dismissed with costs as the sale of the property is a fait accompli and the remedy is in damages.