Kenyan case law
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Kipng'etich Arap Busienei v Ol’essor Land Dispute Tribunal & 2 others & 2 others [2010] KEHC 2065 (KLR)
✦ The application is granted to the exparte applicant as prayed with costs.
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Kenya Tea Development Agency Limited v Madison Insurance Company Limited [2010] KEHC 758 (KLR)
✦ The application is granted in terms of Prayer No. 1 and 2. The respondent is directed to bear the costs of the application.
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REPUBLIC V JOHN KARANJA GITONGA [2010] KEHC 2780 (KLR)
✦ The accused is acquitted of murder and convicted of manslaughter due to lack of malice aforethought.
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In Re George Kiplagat Tallam (Deceased) [2010] KEHC 2138 (KLR)
✦ The application for De Bonis Non is granted, and the new administrator is enjoined. A new grant to issue.
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Keziah Wanjiru Gitau & 3 others v Beatrice Muthoni Thumbi & another [2010] KEHC 3140 (KLR)
✦ The plaintiffs' suit is dismissed with costs.
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Republic v Marakwet District Land Disputes Tribunal & 8 others Ex-Parte James Cheruiyot Cheptoo & 3 others [2010] KEHC 2381 (KLR)
✦ The application for judicial review is dismissed with costs to the respondent and interested party.
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Republic v Attorney General & another Ex-parte Swahili Beach Resorts Limited [2010] KEHC 2146 (KLR)
✦ The court quashed the decision of the Msambweni Land Disputes Tribunal and the subsequent decision of the Senior Resident Magistrate at Kwale, and prohibited the Land Registrar Kwale from implementing the said decision.
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REPUBLIC v ELIJAH KIPKURUUI KIMETO [2010] KEHC 1972 (KLR)
✦ The accused is found guilty of murder and sentenced to death.
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Republic v Marakwet District Land Disputes Trbunal & 3 others Ex-parte James Cheruiyot Chetoo & 3 others & 5 others [2010] KEHC 2383 (KLR)
✦ The application for judicial review proceedings are hereby dismissed with costs to the respondent and interested party.
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Republic v Alfred Kisia Inida & 3 others [2010] KEHC 2785 (KLR)
✦ The accused are acquitted of murder and released unless lawfully held. The O.C.S. Vihiga is ordered to re-open investigations into the death of Geoffrey Mishieba and the role of Arusi Yeda and Kibande Endere.
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REPUBLIC v F.K.N. & another [2010] KEHC 1974 (KLR)
✦ F.K.N. and P.K.C. are found guilty of murder
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Rafiki Spares (2003) Limited v Registered Trustees of Moi University Pensions Scheme [2010] KEHC 2137 (KLR)
✦ The Plaintiff is entitled to seek redress in this Court and an injunction is issued restraining the Defendant from renting out the premises until the determination of the suit.
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In Re Rukungu Wairia (Deceased) [2010] KEHC 2139 (KLR)
✦ The application is dismissed. The two administrators are requested to file a fresh application that should include form P&A 38 and P&A 37 on the consent of making the grant and on apportionment of the deceased's assets.
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OTIENO KOPIYO GERALD v REPUBLIC [2010] KEHC 3164 (KLR)
✦ The appeal is allowed. The conviction on counts 1 and 6 are quashed; and the sentences set aside. The appellant has earned his unconditional liberty.
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Joseph H Maero Oyula v Oscar Kipchumba & another [2010] KEHC 2279 (KLR)
✦ The application for injunction is granted against the 2nd defendant, restraining them from dealing with the suit land until the determination of the main suit.
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Patrick Murunga Khagoli & another v Republic [2010] KEHC 2997 (KLR)
✦ The trial of the accused persons shall start afresh before any other judicial officer other than Mr. Mikoyan. The hearing should proceed from day to day until completion.
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P O C V J B & ANOTHER [2010] KEHC 3001 (KLR)
✦ The court granted restraining orders and ordered the defendant to pay maintenance and other expenses for the plaintiff and the children.
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Republic v Elijah Kipkuurui Kimeto [2010] KEHC 1867 (KLR)
✦ The accused is found guilty of murder.
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MILDRED AORI ODUNGA v HUSSEIN DAIRY LIMITED [2010] KEHC 2772 (KLR)
✦ Damages assessed as follows: Pain and Suffering - Kshs. 10,000, Loss of Dependency - Kshs. 5,528,128, Special Damages - Kshs. 20,000, Total - Kshs. 5,658,128. After deducting 35% contributory negligence, the net sum is Kshs. 3,612,783.20. The court directs that two-thirds of this amount be divided equally between the deceased's children and their shares be invested in a reputable bank until each child attains 18 years. One-third is to be paid to the plaintiff for her upkeep and that of her children. Costs and interest are awarded to the plaintiff.
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REPUBLIC v DESMOND MUKHAYA MULUSA [2010] KEHC 3384 (KLR)
✦ The court declines to acquit the accused and directs that the trial proceed on a priority basis.
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Mohamed Kasiri Muli v Republic [2010] KEHC 3009 (KLR)
✦ The conviction and sentence of death are quashed due to the lack of clear and positive identification of the appellant as one of the perpetrators of the robbery.
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KENYA PIPELINE COMPANY LTD V KENYA OIL COMPANY LIMITED & ANOTHER [2010] KEHC 3125 (KLR)
✦ The application is incompetent and dismissed with costs
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REPUBLIC v DESMOND MUKHAYA MULUSA (Criminal Case 86 of 2007) [2010] KEHC 4130 (KLR) (20 April 2010) (Ruling)
✦ The court declines to acquit the accused and directs that the trial proceed on a priority basis.
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BEATRICE NYANCHAMA OBUYA v HUSSEIN DAIRY LIMITED [2010] KEHC 2673 (KLR)
✦ Damages assessed as follows: Pain and Suffering - Kshs. 20,000/; Loss of Dependency - Kshs. 5,243,640/; Special damages - Kshs. 20,000/; Total - Kshs. 5,383,640/.
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M N v J M N & 3 others [2010] KEHC 3216 (KLR)
✦ The petition is withdrawn