Kenyan case law
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Republic v Etabo I. Muya & 3 others [2007] KEHC 2554 (KLR)
✦ The case is hereby transferred to Senior Resident Magistrate’s Court at Narok for hearing and determination.
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GEORGE THUITA KIMANI & ANOTHER v REPUBLIC [2007] KEHC 2856 (KLR)
✦ The court finds doubt in the identification of the appellants and quashes the convictions and sentences.
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PAUL KAIMENYI NGUGI & ANOTHER v ANTONY KIOGORA(suing thro’ his father and next friend) RICHARD KITHINJI [2007] KEHC 2784 (KLR)
✦ The application for stay of execution is granted
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ERICK GITONGA v LUKA GITARI M’ABETA & 2 OTHERS [2007] KEHC 2744 (KLR)
✦ Application dismissed for inordinate and unexplained delay
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JOHN NJOROGE MWANGI v REPUBLIC [2007] KEHC 2850 (KLR)
✦ The Appellant is guilty of robbery under Section 296(2) of the Penal Code and the sentence of death is enhanced.
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MARTIN MAMICHA MUGI T/A MAMICHA & COMPANY ADVOCATES v CITY COUNCIL OF NAIROBI [2007] KEHC 2839 (KLR)
✦ The court finds no triable issue and dismisses the defendant's sham defence, granting the plaintiff's summary judgment request.
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JOYCE MUMBI MUGI v KENYA COMMERCIAL BANK, NYERI BRANCH & 3 OTHERS [2007] KEHC 2862 (KLR)
✦ The court orders the plaintiff to pay the first defendant's costs of the suit and the costs of the Notice of Motion dated 24th May 2005.
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ALICE WANJIKU GITHAKA v PETER MWAI MIGWI [2007] KEHC 2938 (KLR)
✦ The appeal is dismissed for want of prosecution with costs to the respondent.
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SILAS MWITI GIKUNDA v REPUBLIC (Criminal Appeal 83 of 2006) [2007] KEHC 61 (KLR) (11 May 2007) (Judgment)
✦ The appeal fails and is dismissed in its entirety. The sentence is indeed stiff but not manifestly excessive.
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JERICA GATWIRI MAGIRI v REBECCA MPINDA & OTHERS [2007] KEHC 1860 (KLR)
✦ The objection is overruled with costs to the applicant.
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LAWRENCE WACHIRA MAHINDA & ANOTHER v REPUBLIC [2007] KEHC 2859 (KLR)
✦ Both appellants should have been found guilty of robbery with violence as initially charged. Conviction and sentence for robbery with violence on both counts are set aside. Appellants shall suffer death as prescribed by the law.
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MOSES NDERITU KIMARU & OTHERS v MINISTRY OF HOUSING [2007] KEHC 2926 (KLR)
✦ Leave is granted in terms of the application dated 3rd April 2007 but at the same time refused to order that leave operates as stay.
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ELIZABETH GATHONI KIBIKU v REPUBLIC [2007] KEHC 2882 (KLR)
✦ The appeal is allowed, conviction and sentence quashed
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REPUBLIC v COMMISSIONER OF LANDS & 12 OTHERS EX-PARTE MILKA MUTHONI RITHO [2007] KEHC 2933 (KLR)
✦ The court awards costs to the interested party with interest at court rates.
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SAMANI CONSTRUCTION LIMITED v HOMEOIL LIMITED [2007] KEHC 1888 (KLR)
✦ The application for stay of execution and installment payments of the judgment sum is granted.
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Ismael Lekuna & another v Republic [2007] KEHC 1714 (KLR)
✦ The conviction and sentence are quashed and the appellant is discharged and set at liberty.
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JACKSON KARIUKI NGATIA v SAMUEL MUHINDI MURIATHI [2007] KEHC 2939 (KLR)
✦ The court grants the Applicant leave to file an appeal at the Provincial Appeals Committee out of time and grants a stay of execution in Nanyuki S.R.M. Case No. 23 of 2005 pending the hearing and determination of the appeal.
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JOSEPH G. NAITULI v EGERTON UNIVERSITY & ANOTHER [2007] KEHC 542 (KLR)
✦ The application for injunction is dismissed with costs.
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In Re VM (A Child) [2007] KEHC 3640 (KLR)
✦ The applicants are authorized to adopt the child
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NDANU MUTAMBUKI & 119 others v MINISTER FOR EDUCATION & 12 others [2007] KEHC 32 (KLR)
✦ The court finds no infringement of the petitioners' fundamental rights and dismisses the application for conservatory orders.
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MARY WANJIKU KARIRIMBI v REPUBLIC [2007] KEHC 2898 (KLR)
✦ The conviction is quashed and the appellant is set at liberty
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Noah Njogu Mbugua v Republic [2007] KEHC 3726 (KLR)
✦ The Court ordered a retrial.
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GEORGE THUITA KIMANI & MARTIN MWANGI KIMANI v REPUBLIC (Criminal Appeal 284 & 285 of 2003) [2007] KEHC 77 (KLR) (11 May 2007) (Judgment)
✦ The court finds that the prosecution failed to prove the appellants' involvement in the robbery beyond reasonable doubt and quashes the convictions and sentences.
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ERICK GITONGA v LUKA GITARI M’ABETA & 2 Others [2007] KEHC 181 (KLR)
✦ The application is dismissed as the applicant is found guilty of inordinate and unexplained delay.
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Mulinge Maswili v Republic [2007] KEHC 3724 (KLR)
✦ The appellant is convicted and sentenced for attempted robbery.