Kenyan case law
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Alexander Muteti Mutinda & another v Republic [2015] KEHC 7709 (KLR)
✦ The conviction and sentence are upheld. The Appellants are ordered to serve the three-year custodial sentence imposed by the trial court.
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Phylis Anyango Barasa & another v Livingstone Juma Barasa & 5 others [2015] KEHC 2303 (KLR)
✦ Distribution of the half share of the deceased's portion of Samia/Bujwanga/508 shall be divided into 6 units. The Petitioner shall take 2 units with the 1st Petitioner taking a life interest therein. Each of the 4 Objectors shall take 1 unit.
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Ashford Mwiti Njoka & another Republic [2015] KEHC 2110 (KLR)
✦ The appeals are dismissed as there are no merits. The conviction and sentence are upheld.
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John Ndungu v Michael W Ochieng (Civil Appeal 157 of 2009) [2015] KEHC 2425 (KLR) (1 October 2015) (Judgment)
✦ The judgment and decree dated 11th February 2009 is set aside. Judgment on liability is entered at 100% in favour of the respondent against the appellant. General damages are assessed at Kshs 100,000. Special damages are awarded at Kshs 1,500. Costs and interest are awarded to the respondent.
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Josphat Nturibi v Republic [2015] KEHC 2107 (KLR)
✦ The conviction and sentence are quashed, and the appellant is set at liberty.
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Muriithi Mugo v Peter Njoroge & another [2015] KEHC 537 (KLR)
✦ The court found that the plaintiff was not defamed by the letter and that the letter was not defamatory.
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D M K v Republic [2015] KEHC 2248 (KLR)
✦ The appeal is dismissed. The sentence is reduced from fifteen years to ten years.
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Rose Kuthii Weru v Mercy Koina [2015] KEHC 2118 (KLR)
✦ The court found that the deceased was polygamous and married to two wives, and thus the land parcel was not a gift to the first-born son. The court also found that the trial court correctly applied the applicable law in distributing the estate.
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Milton Oundo Mbiya v Ochieng Opondo Nyongesa [2015] KEHC 2312 (KLR)
✦ The court allows the petitioner's prayer (a) and (b) but denies prayer (c). The family of Jackson Opondo Mbiya is entitled to the portion they occupy, and the petitioner is entitled to the remainder of the land. Christopher Omondi Mbiya is not entitled to a share.
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Prisca Anyango Kubadi v Vincent Juma Awori [2015] KEHC 2306 (KLR)
✦ The court revokes and annuls the grant of Letters of administration Intestate and stays the distribution of the estate for 90 days to allow the parties to litigate the issue in the Environment and Land Court.
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Buni Maela Maere v Republic [2015] KEHC 180 (KLR)
✦ The conviction of the appellant on the counts of robbery and possession of firearms is set aside due to the lack of proper identification evidence.
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Richard Kariuki Kibuchwa & another v Governor, Kirinyaga County & 2 others [2015] KEHC 2537 (KLR)
✦ The preliminary objection is dismissed with costs.
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Republic v Lucas M. Maitha Chairman, Betting Control and Licensing Board & 3 others Ex Parte Interactive Gaming And Lotteries Limited [2015] KEHC 2673 (KLR)
✦ The court ordered that the interest from the deposited sum be disbursed to the account of the Beneficiary and the ex parte applicant on a pro rata basis in the ratio of their agreed entitlements.
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Mugo And Gatungo Limited v Fredrick M’ithinji [2015] KEHC 2544 (KLR)
✦ The Preliminary Objection is dismissed.
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Republic v D M M [2015] KEHC 2079 (KLR)
✦ The prosecution proved its case beyond reasonable doubt, and the acquittal is set aside. The Respondent is convicted of assault causing actual bodily harm.
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Nelson Simiyu Ngai v Nelson Simiyu Ngai [2015] KEHC 2630 (KLR)
✦ The appeal is dismissed without merit.
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Republic v National Land Commission Ex-parte Krystalline Salt Limited (Miscellaneous Application 334 of 2014) [2015] KEHC 7730 (KLR) (Judicial Review) (30 September 2015) (Judgment)
✦ The NLC exceeded its jurisdiction and acted improperly in excising the land.
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Afrison Export Import Limited v Haritsheth T/A Harit Seth Advocates & Another [2015] KEHC 1983 (KLR)
✦ The court revoked the professional undertaking given by Haritsheth T/A Harit Seth Advocates to Mahmoud and Gitau Advocates.
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Republic v University Of Nairobi & another Ex-parte Mwangi Nderitu [2015] KEHC 7685 (KLR)
✦ The leave granted to the ex parte Applicant is set aside, and the judicial proceedings are struck out with no orders as to costs.
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Republic v Benard Nandi [2015] KEHC 2032 (KLR)
✦ The court finds that the prosecution has established a prima facie case against the accused and that the accused is guilty of murder.
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Plaza Trust Limited v Hardrock Café Limited & 2 others [2015] KEHC 1809 (KLR)
✦ The plaintiff is entitled to be compensated for the costs incurred in renovating the premises and is awarded Kshs. 2,426,505.90 with interest at 19% per year from the date of filing suit until payment in full.
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Nicholus Watuma Mutua v Republic [2015] KEHC 2158 (KLR)
✦ The conviction is quashed and the sentence set aside as the elements of the offence were not proved beyond reasonable doubt.
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John Mwangi Kimani v Gachuma Gacheru [2015] KEHC 2007 (KLR)
✦ The appeal is dismissed with costs to the respondent as the appellant's claim was statute barred.
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Directline Assurance Company Limited v Jamii Bora Bank Limited & 5 others [2015] KEHC 8316 (KLR)
✦ The court dismissed the 2nd application as it was a gross abuse of court process and sought to re-litigate the issue of contempt of court.
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Dahir Sadik Ausaad v Modogashe Construction Ltd & 3 others [2015] KEHC 872 (KLR)
✦ The court grants the plaintiff's application for injunctions and orders the defendants to refrain from managing the plaintiff's business, freezing and preserving the plaintiff's bank account, and freezing and preserving the plaintiff's motor vehicles.