Kenyan case law
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PKN V REPUBLIC [2012] KEHC 1537 (KLR)
✦ There was no sufficient evidence to support the charge and the conviction. The conviction is quashed, and the appellant is set at liberty.
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In the matter of the estate of Samuel WandakaNdutha (Deceased) [2012] KEHC 2414 (KLR)
✦ The protest is well-founded, and the grant of letters of administration intestate is confirmed with the distribution as proposed by the protestors.
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Joseph Kioko v Republic [2012] KEHC 2726 (KLR)
✦ The application for bail pending appeal is allowed.
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In the matter of the estate of Kinyangai Ndaaru (Deceased) [2012] KEHC 2441 (KLR)
✦ The grant of Letters of Administration is confirmed as proposed by the Petitioner, with the estate to be distributed as per the Petitioner's proposal.
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Land Lord Limited & another v Waymax Company Limited & 2 others [2012] KEHC 2354 (KLR)
✦ The court's ruling on the plaintiff's application for leave to amend the plaint was made without hearing the defendant and in excess of jurisdiction, and is therefore set aside.
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MARGARET MUTHONI KINUTHIA V ATTORNEY GENERAL & 2 OTHERS [2012] KEHC 2740 (KLR)
✦ Petition dismissed with no orders as to costs
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KIRAGU HOLDINGS LTD & 6 OTHERS V MINISTER FOR FINANCE & 5 OTHERS [2012] KEHC 2671 (KLR)
✦ The Application is dismissed with the rider that each party should bear its costs.
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J . M. V J .M [2012] KEHC 5849 (KLR)
✦ The learned magistrate erred in not determining the total amount for monthly maintenance required for the two children and splitting the same between the two spouses.
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REPUBLIC V JOHN MICHENI M’AKEA [2012] KEHC 2454 (KLR)
✦ The court finds that the prosecution failed to prove the accused's guilt beyond a reasonable doubt and acquits him.
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In the matter of the estate of the late Jane Njeri Kariuki (deceased) [2012] KEHC 2412 (KLR)
✦ The court approved the surveyor's proposal to divide the land into a homestead area and a grave area owned jointly, with the remainder partitioned equally among the beneficiaries.
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Kenya Tea Growers Association v Francis Atwoli & 5 others [2012] KEHC 2747 (KLR)
✦ Francis Atwoli, as General Secretary of the Union, is cited for contempt and ordered to appear for sentencing.
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Peter Kamau Mwangi & 3 others v Esther Mumbi Karanja & another (Environment & Land Case 386 of 2011) [2012] KEHC 2375 (KLR) (Environment and Land) (2 August 2012) (Ruling)
✦ The plaintiffs' notice of motion for an interlocutory injunction is dismissed with costs.
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Andy Forwarders Services Limited v Capital Market Authority [2012] KEHC 2784 (KLR)
✦ The application for contempt of court is dismissed with costs.
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Milka Nyambura Wanderi & another v David Waweru Njoroge& 2 others [2012] KEHC 2458 (KLR)
✦ The court granted the plaintiffs' application for a temporary injunction.
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In the matter of the estate of the late Mwangi Njuguna (deceased) [2012] KEHC 2432 (KLR)
✦ The Court postpones the confirmation of grant for 90 days and directs the Objector to take out proceedings to determine the claim based on trust under Order 37 rule 1 of the Civil Procedure Rules.
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Elory Kraneveld v Attorney General & 2 others [2012] KEHC 2760 (KLR)
✦ Petitioner's case is dismissed, but the District Magistrate should not have considered his foreign citizenship in making bail decisions.
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Charles Omanga & another v Independent Electoral & Boundaries Commission & another & another [2012] KEHC 5457 (KLR)
✦ The Court declared that Section 43(5) of the Election Act, 2011 is discriminatory and unconstitutional.
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JOSEPH MUTUKU MASILIA V TOWN COUNCIL OF WOTE & 8 OTHERS [2012] KEHC 2624 (KLR)
✦ Petitioner's application for interim injunction is dismissed
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LILIAN PRITHPAL SINGH & another v COUNTY COUNCIL OF OLKEJUADO & 7 others [2012] KEHC 5710 (KLR)
✦ The County Council's actions were nullified, and the applicants were granted certiorari, prohibition, and mandamus orders.
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IN THE MATTER OF THE ESTATE OF M’INOTI M’RIRIA-DECEASED [2012] KEHC 2409 (KLR)
✦ The application is allowed in terms of orders 2, 3 & 4: an order of inhibition is issued against L.R.NO.NTIMA/NTAKIRA/178, the confirmed grant of letters of administration is revoked or annulled, and a fresh and fair distribution of the estate of the deceased is ordered.
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MARGARET WAIRIMU MBIRUA V MARTIN WANJALA WAFULA [2012] KEHC 5753 (KLR)
✦ The application is dismissed with costs to the respondent due to the application being wrongly titled and fatally defective as the Chief Magistrate, Thika, who is supposed to act on any orders issued by this court, has been left out.
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JUMA ATHMAN MWACHARERO v REPUBLIC [2012] KEHC 5498 (KLR)
✦ The court finds no merit in the application and dismisses it in its entirety.
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AFRICAN CENTRE FOR INTERNATIONAL YOUTH EXCHANGE (ACIYE) & 2 OTHERS V JUDGES AND MAGISTRATE’S VETTING BOARD [2012] KEHC 5744 (KLR)
✦ The application is granted, and a conservatory order is issued staying the operation of section 22(2) of the Vetting of Judges and Magistrates Act pending the hearing of the matter.
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IN THE MATTER OF THE ESTATE OF MICHAEL NJOROGE MUCHIRI (DECEASED) [2012] KEHC 2790 (KLR)
✦ The mode of distribution does not satisfy the provisions of Section 71 of the Law of Succession Act, and the summons for confirmation is stayed pending necessary amendments.
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REPUBLIC v TOWN CLERK, MUNICIPAL COUNCIL OF NAKURU & another Exparte CHARLES WACHIURI & 7 others [2012] KEHC 5789 (KLR)
✦ The order of mandamus is granted, and the respondents are ordered to pay the applicants a total sum of Kshs.3,485,716 within 30 days from the date of the judgment.