Kenyan case law
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PAUL IMISON V JODAD INVESTMENTS [2012] KEHC 5706 (KLR)
✦ The application is dismissed with costs, and the Plaintiff is directed to file and serve its bundle of documents and witnesses within 20 days.
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PETER MUREITHI NGATIA & ANOTHER V REGISTRAR OF TITLES & 2 OTHERS [2012] KEHC 5746 (KLR)
✦ Gazette Notice No. 15580 is declared null and void.
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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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L. W. N V H. N. M [2012] KEHC 1574 (KLR)
✦ The marriage is irretrievably broken down and dissolved. The custody of the children is granted to the Petitioner.
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DAVID BARASA NYONGESA V REPUBLIC [2012] KEHC 2360 (KLR)
✦ The conviction is quashed and the sentence set aside. The appellant is at liberty unless otherwise lawfully held.
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BENSON MACHARIA NJUGUNA v REPUBLIC [2012] KEHC 1587 (KLR)
✦ The appeal is dismissed. The conviction and sentence are upheld.
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MUJEEB FAROOQUI & 9 OTHERS V KENYA REVENUE AUTHORITY [2012] KEHC 5722 (KLR)
✦ The respondent shall provide a comprehensive list of sums claimed by the respondents within 14 days. Petitioners shall settle any unpaid and undisputed amounts within 60 days and indemnify the Respondent against claims from third parties.
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CASSIM WANGATIA OMUSEBE V BAKARI WANGATIA OLUOCHI [2012] KEHC 1422 (KLR)
✦ The application is dismissed with costs to the respondents. The petitioner is validly registered as the proprietor of the suit property and the interested party lawfully advanced him a loan facility.
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EMILY CHONGE WANYAMA v K-REP BANK OF KENYA & another [2012] KEHC 2398 (KLR)
✦ The application has no merit and is dismissed.
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DAVID ABBEY LARYEA v REPUBLIC [2012] KEHC 2547 (KLR)
✦ The court declines to admit the accused to bail pending appeal due to the increased flight risk, but admits the appeal to hearing before a single judge.
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MAGUTA INVESTMENTS LIMITED V KENYA SHELL LIMITED [2012] KEHC 5693 (KLR)
✦ The suit is struck out summarily as it is an abuse of the court process and the wrong Plaintiff is suing.
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JUSTINE MUTEGI NATHAN V MURANGIRI NGERA [2012] KEHC 2476 (KLR)
✦ The court grants the plaintiff's request to authorize the Executive Officer of the court to sign all relevant documents for the sub division of land parcel No. MAGUMONI/THUITA/267 and transfer of 3 acres occupied by the plaintiff.
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DAVID MWANIKI NYAGA & another v REPUBLIC [2012] KEHC 5782 (KLR)
✦ The convictions and sentences are upheld
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ANDREW O. NYANGWESO V ALLOYS BARASA & 2 OTHERS [2012] KEHC 2658 (KLR)
✦ The appellant's application for stay of taxation fails as he did not persuade the court that he would suffer substantial loss if the respondents proceeded to assess their costs.
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PAN AFRICAN CREDIT & FINANCE LTD V NICHU INVEVSTMETNS LTD & 2 OTHERS [2012] KEHC 5738 (KLR)
✦ The court dismissed the application to stay the execution of the decree and the arrest and detention order, but allowed a stay of the third order pending the determination of the appeal.
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MANOAH KIPYEGON KILACH & 3 others v DIRECTOR OF PUBLIC PROSECUTION & 2 others [2012] KEHC 5788 (KLR)
✦ Leave is granted in terms of prayer 2 and 3 of the Chamber Summons dated 27/5/2011 and the said leave do operate as stay for 90 days.
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JOSEPH WANYOIKE THUO V ATTORNEY GENERAL [2012] KEHC 5715 (KLR)
✦ The petitioner's rights were violated, and the court awards Kshs.1,500,000 as general damages.
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REPUBLIC V COMMISSIONER OF CO-OPERATIVE DEVELOPMENT [2012] KEHC 1357 (KLR)
✦ The court dismissed the application, finding the agency notice was issued in accordance with the Co-operative Societies Act and the respondent exercised due diligence.
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PURITY GATHONI GITHAE OCEAN & ANOTHER V FRIEGHT TRANSPORT COMPANY LTD [2012] KEHC 5683 (KLR)
✦ The application is granted, and the applicants are ordered to increase the security to Kshs. 45 million within 21 days.
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ADRIANO AKALA ALUSIOLA V SAIDI KOKWENYA SINOYA & ANOTHER [2012] KEHC 2386 (KLR)
✦ The appeal is allowed and the Tribunal's decision is void ab initio.
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AMRITLAL S. SHAH WHOLESALERS LTD & ANOTHER V JOSHUA EKENO [2012] KEHC 2657 (KLR)
✦ The appeal is dismissed with costs as the award of damages by the Resident Magistrate is not excessive or low and the learned magistrate did not take into account matters he ought not to have considered.
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BETTY MAITHA DUNCAN V GILBERT MURIUKI CHABARI [2012] KEHC 2463 (KLR)
✦ The confirmed grant is revoked
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RAPHAEL MWENJE & ANOTHER V REPUBLIC [2012] KEHC 2364 (KLR)
✦ The convictions for assault and malicious damage to property are upheld. The appellants are to serve one year each for assault and six months for malicious damage, with the sentences for the 1st appellant running concurrently.
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KATHONI M’MARETE v JOHN MUTUGI M’MARETE [2012] KEHC 2429 (KLR)
✦ The court confirms the grant and orders the distribution of the estate as follows: 3 acres to Mugambi Ruguaru Borono, and the remaining 10 acres to be shared equally between the petitioner and the widow and children of the deceased by the first wife.
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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.