Kenyan case law
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M N v J M N & 3 others [2010] KEHC 3216 (KLR)
✦ The petition is withdrawn
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Republic v Kenya Anti-Corruption Commission & 2 others Ex-parte Stephen Kipkenda Kiplagat [2010] KEHC 3186 (KLR)
✦ The court dismissed the application with costs in favor of the Attorney General, stating that the Attorney General acted within his constitutional powers and that the Trial Magistrate had full jurisdiction to try the case.
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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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TROPI FLORA LTD v JOEL ODHIAMBO ODHIAMBO [2010] KEHC 3247 (KLR)
✦ The appeal is allowed, the judgment of the lower court is set aside, and the respondent's suit is dismissed.
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Republic v Chief Justice of Kenya & 6 others (2nd to 6th Respondent being the persons appointed as Chairman and Members respectively of the Tribunal to investigate the conduct of Judges of Appeal) (Judicial Review 1298 of 2004) [2010] KEHC 4115 (KLR) (Judicial Review) (20 April 2010) (Judgment)
✦ The application is granted, and orders as prayed are made.
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Aldo Garvardi v Peter Ngunje [2010] KEHC 3010 (KLR)
✦ The application is dismissed with costs to the respondent as the defence raises a triable issue.
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SAMWEL CHACHA RIOBA v GEORGE JOSEPH KIGINGA & 2 others [2010] KEHC 2669 (KLR)
✦ The court grants the defendants' application for a temporary injunction, finding that the plaintiff's claim is flawed and that the defendants have a prima facie case.
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Ceneast Airlines Limited v Habib Bank A G Zurich [2010] KEHC 10 (KLR)
✦ The Plaintiff's application to set aside the dismissal of the suit on July 6, 2010 is dismissed with costs.
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REPUBLIC V JACOB NJUE DANIEL ALIAS KIMWITHA [2010] KEHC 3023 (KLR)
✦ The court finds the accused not guilty and acquits him.
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Caroline Matira Anami v Erick Munyasia Wanyonyi & 2 others [2010] KEHC 3003 (KLR)
✦ The court orders the adoption of the Interim Liquidator's report and the payment of fees and costs as per the report.
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CANCER INVESTMENTS LTD v SAYANI INVESTMENT LTD [2010] KEHC 3229 (KLR)
✦ The court dismissed the 1st defendant's chamber summons and ordered the plaintiff to provide security for costs within 14 days.
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JIMMY MASILA KITEMA & another v REPUBLIC [2010] KEHC 3217 (KLR)
✦ Conviction on Count 1 upheld, conviction and sentence on Count 2 quashed
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Kopot & Co Advocate v Peter Odoyo [2010] KEHC 2953 (KLR)
✦ The respondent's preliminary objection is devoid of merit and is hereby dismissed with costs.
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OCEANFREIGHT TRANSPORT COMPANY LTD v PURITY GATHONI GITHATE & another [2010] KEHC 2108 (KLR)
✦ The application is dismissed with costs.
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Micah Cheserem v Immediate Media Services & 4 others [2010] KEHC 4109 (KLR)
✦ The interlocutory injunction is granted, restraining the defendants from publishing, circulating, or disseminating the defamatory article after the date of the ruling.
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ELIZABETH NJERI v HOUSING FINANCE CO. (K) LIMITED & TWO OTHERS [2010] KEHC 2456 (KLR)
✦ The court finds that the plaintiff's suit does not disclose a reasonable cause of action against the 2nd defendant and strikes out the suit against the 1st and 2nd defendants for disclosing no cause of action with costs.
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Peter Nyamu Kabeu v Eliud Karani Kabeu [2010] KEHC 3231 (KLR)
✦ The appeal is allowed, the order of upholding the preliminary objection is set aside and substituted with an order dismissing the preliminary objection with costs. The Chamber summons dated 26th May 2008 is reinstated with an order directing the same to be heard by another magistrate other than P.T. Nditika.
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PRISCILLAH WAMBUI KAMAU V MARGARET WAMBUI KAMAU [2010] KEHC 3089 (KLR)
✦ The appellant's application dated 29th January, 2004 was properly dismissed and the appeal has no merit.
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AKAMBA BUS SERVICES LIMITED vs DANIEL MUTUNE NJUGUNA [2010] KEHC 2082 (KLR)
✦ The court dismissed the respondent's claim and found that the deceased's death was not caused by the negligence of the appellant's servants or agents.
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JOHN WAMBUA KIILU V CAPTAIN JAMES NYONGESA WAFUBWA [2010] KEHC 3083 (KLR)
✦ Order of temporary injunction issued pending appeal
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Lawe Investments Limited & another v National Bank of Kenya Ltd & 3 others [2010] KEHC 2643 (KLR)
✦ The suit is hereby dismissed with costs.
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Mohamed Maalim Osman & another v Kheira Maalim Omar & another [2010] KEHC 2618 (KLR)
✦ Application dismissed with costs
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BOAZ AKOKO OMOLO V JOHN OTARO ONYATA [2010] KEHC 3061 (KLR)
✦ The appeal is allowed to the extent of reducing the award of general damages from Kshs.80,000 to Kshs.40,000.
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MOSES KAMATU vs ROBERT KIBE KIGURU & ANOTHER [2010] KEHC 2085 (KLR)
✦ The judgment of the Tribunal is set aside due to lack of proper justification for the reassessment of rent, and the ruling on the effective date and costs must also be set aside.
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A M v M M [2010] KEHC 2344 (KLR)
✦ The appeal is incompetent due to lack of leave and jurisdiction. The court can stay maintenance orders under the Children Act.