Kenyan case law
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NYAHURURU ELITE SCHOOLS LTD v DAVID CHEGE MURAYA [2012] KEHC 5767 (KLR)
✦ The notice to show cause is granted, and the appeal is reinstated.
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PATRICK NZIVO KIIO V REPUBLIC (Criminal Appeal 96 of 2009) [2012] KEHC 2785 (KLR) (30 July 2012) (Judgment)
✦ The appeal is allowed, conviction quashed, and sentence set aside. The appellant should be set at liberty.
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PETER KIMEU KIMALYA V REPUBLIC [2012] KEHC 2674 (KLR)
✦ The conviction and sentence are quashed, and the appellant is released
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Lucy Njeri Ngunyangi & 3 others v Chief Land Registrar [2012] KEHC 5761 (KLR)
✦ The plaintiffs are restrained from changing the land's registration and are declared as the legal owners of the land. The Chief Land Registrar is ordered to give consent to the plaintiffs' proposed sale.
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PETER MBITHI MAKOVE V REPUBLIC [2012] KEHC 2698 (KLR)
✦ The conviction for attempted defilement of a child under the age of 11 years is upheld, but the sentence is reduced from 20 years to 10 years.
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PETER MAWEU V REPUBLIC [2012] KEHC 2700 (KLR)
✦ The sentence imposed was legal and the trial court did not act on any wrong principle, or took into account anything it should not have done, or left out of account anything it should have in imposing the sentence. The sentence is reduced to the term so far served with the consequence that the appellant is to be set at liberty.
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PAUL MWANIA NZIOKA v REPUBLIC [2012] KEHC 2682 (KLR)
✦ The appeal is dismissed. The sentence imposed by the trial court is commensurate with the moral blame of the offender.
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CHARLES MUNENE KAMAU V REPUBLIC (Miscellaneous Criminal Application 23 of 2012) [2012] KEHC 2854 (KLR) (30 July 2012) (Ruling)
✦ The court declines to grant the orders sought.
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MOHAMED SHARIFF & 3 Others v RASHID AZZAN RASHID [2012] KEHC 2728 (KLR)
✦ The Power of Attorney is invalid due to its failure to comply with section 34 and 35 of the Advocates Act. The suit is sustained, and the Respondent is ordered to regularize his position as a legal administrator of the estate of the deceased.
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REPUBLIC V MAKUENI DISTRICT LAND DISPUTES TRIBUNAL & ANOTHER EXPARTE MASWILI MULWA & 3 OTHERS [2012] KEHC 5736 (KLR)
✦ The application is dismissed with costs to the interested parties
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JOSEPH MWANGI MUMBA v REPUBLIC [2012] KEHC 5769 (KLR)
✦ The conviction is quashed, sentence set aside, and the appellant set at liberty
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REPUBLIC V JAMES NZOMO IVATA [2012] KEHC 5733 (KLR)
✦ The appeal is allowed, the acquittal is set aside, and the case is remanded for retrial by any other magistrate.
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REPUBLIC v ANTHONY MUEMA MUTISYA [2012] KEHC 5716 (KLR)
✦ The court finds that the accused has a case to answer and reminds him of his statutory rights.
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IN THE MATTER OF BERNARD MACHARIA MAHUNGU (DECEASED) [2012] KEHC 2561 (KLR)
✦ The respondent is directed to comply with the consent order recorded on 4th July, 2011 by taking out full letters of administration within one month from the date of this order, either by petitioning the court afresh or by proceeding in Nakuru H.C. Succ. Cause No.615/2008 to avoid expense.
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JAMES THUGE KARIUKI v GEORGE NJUGUNA & Another [2012] KEHC 5766 (KLR)
✦ The appeal is allowed and the decision by the Provincial Appeal Committee is set aside. Costs of the appeal are awarded to the appellant
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PATRICK KISEKI MUTISYA (suing as the personal representative to the estate of NZOMO MUTISYA(deceased) v K.B SHAGHANI & SONS LIMITED & another [2012] KEHC 5730 (KLR)
✦ The suit is struck out as incompetent and a nullity
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WILLY WAMBUA MWEKI V JACKSON MBITHI NZEKI [2012] KEHC 5743 (KLR)
✦ The court allows the application for an injunction with costs to the Applicant.
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MAVOLONI COMPANY LIMITED V LAND REGISTRAR – THIKA & 14 OTHERS [2012] KEHC 5748 (KLR)
✦ The interim injunctive orders lapsed due to the court not sitting on the day they were due to expire.
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ATANUS MALOMBE v REPUBLIC [2012] KEHC 2766 (KLR)
✦ The sentence imposed was legal but too severe, and is reduced to the term already served with the appellant set at liberty.
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KILYUNGI MUTUA v REPUBLIC [2012] KEHC 2616 (KLR)
✦ The appeal is allowed, conviction quashed, and sentence set aside. The appellant should be set at liberty.
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PRESBYTERIAN FOUNDATION & ANOTHER V EAST AFRICA PARTNERSHIP LTD & ANOTHER [2012] KEHC 5686 (KLR)
✦ The issues raised in the notice of preliminary objection do not meet the threshold for preliminary objections and are accordingly dismissed with costs to the plaintiffs.
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JAMES P. MAINA MURIUKI v MOSES MAINA NGUGI & another [2012] KEHC 5437 (KLR)
✦ The Plaintiff is entitled to compensation for the plot by the 2nd Defendant, who must allocate a similar plot of equivalent size within 30 days of service of the judgment.
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MUTUA KILUNDU v REPUBLIC (Criminal Appeal 49 of 2006) [2012] KEHC 2774 (KLR) (30 July 2012) (Judgment)
✦ The court commutes the sentence to the period already served by the appellant, with the consequence that he shall be set at liberty.
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JAMES KAMAU WAWERU v REPUBLIC [2012] KEHC 2575 (KLR)
✦ The appeal is dismissed. The conviction and sentences are upheld, except for the death sentence on the second count of robbery with violence.
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JACKSON KAMAU NDEGWA & another v HOUSING FINANCE CORPORATION OF KENYA [2012] KEHC 5763 (KLR)
✦ The application for temporary injunction is dismissed with costs.