Kenyan case law
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JOE MWANGI NJIRU v REPUBLIC [2008] KEHC 2863 (KLR)
✦ The conviction for indecent assault is quashed and the sentence is set aside. The appellant is ordered to be set at liberty.
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JOHN NJANJA NJOROGE v REPUBLIC [2008] KEHC 3442 (KLR)
✦ The appeal is dismissed. The appellant is found guilty of handling stolen goods.
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LICINUS INVESTMENTS LTD v MAURIZIO DALPIAZ [2008] KEHC 3417 (KLR)
✦ The plaintiff's application for an interim injunction is declined with costs to the defendant.
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MARTIN NAKHUNYWA v REPUBLIC [2008] KEHC 2644 (KLR)
✦ The court ordered the production of the O.B. dated June 23, 2003, to be produced in court when the case comes up for hearing.
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DOUGLAS MAINA v TERESIA WANYONYI & another [2008] KEHC 2313 (KLR)
✦ The motion is dismissed with costs to the respondent
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REPUBLIC v MWEA LAND DISPUTE TRIBUNAL & 2 others [2008] KEHC 2180 (KLR)
✦ The Motion in Judicial Review is dismissed with costs
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CORNER HOLIDAY INN LIMITED & another v ANDREW KURIA WANGUNYU [2008] KEHC 2592 (KLR)
✦ The Plaintiffs' application for leave to amend their pleadings is granted. The Plaintiffs' draft Amended Plaint is to be filed and served within 10 days of the date of the judgment. The Defendant is granted leave to file and serve an amended defence within 10 days of the date of service of the amended plaint. The Plaintiffs will pay the costs of the application to the Defendant.
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REPUBLIC v DISTRICT LAND ADJUDICATION OFFICER, MERU NORTH & 25 OTHERS, STANLEY KABERENGE MATHIU [2006] [2008] KEHC 2503 (KLR)
✦ The application for leave to bring Judicial Review proceedings is dismissed with costs to the 2nd, 3rd, 5th, 9th, 16th, and 19th Respondents.
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In Re Heinz Joachim Wahner (Deceased) [2008] KEHC 1728 (KLR)
✦ The Chamber Summons dated 21st April 2008 is certified as urgent and the firm of M.K. Mulei & Co. Advocates should file their responses by 6th May 2008. The application is fixed for inter partes hearing on 8th May 2008.
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REPUBLIC v PUBLIC PROCUREMENT ADMINISTRATIVE REVIEW BOARD & ANOTHER EXPARTE SELEX SISTEMI INTEGRATI [2008] KEHC 3915 (KLR)
✦ The court finds and holds that the ouster provision in section 100(4) of the Public Procurement and Disposal Act cannot take away the right of judicial review.
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In Re Margaret Wahu Kimani (Deceased) (Miscellaneous Succession Cause 11 of 2004) [2008] KEHC 1742 (KLR) (2 May 2008) (Ruling)
✦ The court upholds the preliminary objection and strikes out the summons dated 12th March 2008 with costs to the respondent.
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CROWN BERGER (K) LTD v HYSAL HARDWARE LTD [2008] KEHC 2467 (KLR)
✦ The application for enlargement of time and reinstatement of the suit is granted.
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JOSEPH MUTUA KYENZE v CLIFF ONGERI & 2 others [2008] KEHC 1805 (KLR)
✦ The court dismissed the application for stay of execution and ordered the case to proceed.
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DUNCAN K. NDICHU & 20 OTHERS V TRANSPORT LICENSING BOARD & 3 OTHERS [2008] KEHC 2768 (KLR)
✦ The judge granted leave to the applicants to file Judicial Review proceedings for certiorari and prohibition.
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NICHOLAS ROBERT-OTIENO RANGALLA V KENYA BREWERIES [2008] KEHC 3586 (KLR)
✦ The plaintiff's suit is dismissed with costs for want of prosecution.
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PETER BORE WANJOHI & ANOTHER V REPUBLIC [2008] KEHC 3337 (KLR)
✦ The convictions and sentences of both appellants are quashed. They are hereby set free unless otherwise lawfully held.
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ERNIE CAMPBELL & CO. LTD V GITHUNGURI DAIRY PLANT COMPANY LTD [2008] KEHC 2667 (KLR)
✦ Application dismissed with costs.
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WANGA & COMPANY ADVOCATES V DORCAS J. KISORIO [2008] KEHC 2957 (KLR)
✦ The court finds that the applicant must give notice to the taxing master before filing a reference and grants her 14 days to do so.
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JOHN MUTHIKE WANGARU V REPUBLIC [2008] KEHC 3430 (KLR)
✦ The conviction is quashed and the appellant is set free
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BONFACE LICHINA & ANOTHER V STATE [2008] KEHC 129 (KLR)
✦ The court finds no merit in the applicants' appeal and dismisses the application for bail pending appeal.
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COASTAL BOTTLERS LIMITED V COMMISSIONER OF DOMESTIC TAXES [2008] KEHC 4 (KLR)
✦ The application is dismissed with costs to the Respondent.
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ABBAS HUSSEIN BHAI V REPUBLIC [2008] KEHC 2886 (KLR)
✦ The appeal is allowed on sentence, the sentence is set aside and the appellant is ordered to serve 3 years imprisonment from the date of his original sentence.
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NATIONAL BANK OF KENYA LTD V MARGARET ATIENO NDOLO [2008] KEHC 3564 (KLR)
✦ The suit is hereby struck out and dismissed with costs to the plaintiff
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M/S BEHAN & OKERO ADVOCATES V NATIONAL BANK OF KENYA LIMITED (Miscellaneous Civil Application 40 of 2007) [2008] KEHC 2955 (KLR) (30 April 2008) (Ruling)
✦ The Deputy Registrar's decision to convert taxed costs into a decree was null and void 'ab initio' and the ex-parte order allowing the conversion is hereby annulled and set aside.
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JOSEPH NGIGE MUNGAI V REPUBLIC [2008] KEHC 2877 (KLR)
✦ The convictions on counts 1 and 4 are quashed, and the appellant is set at liberty.